Public Housing Property Management Handbook and Index Vol 1 (A-C) - David Hoicka - 2005 - ISBN 1-59330-196-0

HUD’s Affordable Housing Programs
Public Housing Property Management:

Modernization, Development, Maintenance
and Relocation Handbook
Volume 4A
Regulations and Comprehensive Index A-C
2005 Edition
David Hoicka
Please Note: to be notified of updates, send an email with contact information to

Books@PublicHousing.info
PHA Modernization, Development, Maintenance & Relocation 3
Vol. 4A: Regulations and Comprehensive Index A-C
ISBN Info
 Thank you for Cover Design to:
Tchopshop Media, LLC

New Orleans, LA
www.tchopshop.com
 Copyright (c) 2004 by David Hoicka

All rights reserved. David Hoicka retains all intellectual property rights. No portion of this book may be
reproduced – mechanically, electronically, or by any other means, including photocopying – without written permission
of the author or publisher.
 Notes:
The HUD Regulations, Forms, Handbooks, Guidebooks, and other documents referenced herein, are public
documents published by HUD and the US Government Printing Office (GPO), and/or a local housing authority,
respectively. These documents are generally available without cost by downloading from HUD’s online internet
document library at www.hudclips.org or www.hud.gov. Many are also available by calling HUD’s clearinghouse.
Some regulations are also available for free download from the GPO through www.access.gpo.gov. Housing Authority
Plans such as Admin Plans and ACOPs are generally available through a local housing authority.
 Disclaimers:
This publication is authored by David Hoicka. All opinions, if there are any, in this publication are the sole
opinions of the author, and not the opinions of the Housing Authority of New Orleans, HUD, NCHM, NAHRO, or any
other entity.
No copyright is claimed in any underlying government or public documents.
Disclaimer of Warranty and Liability. The author and publisher, their dealers and distributors, make no
representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically
disclaim any implied warranties of merchantability or fitness for a particular purpose. There are no warranties that
extend beyond the descriptions contained here. This Handbook is sold “as is”. No warranty may be created by any
sales representatives or written sales materials. In no event shall the author, publisher, nor any dealers or distributors,
be liable for any damages, direct, indirect, special, incidental, exemplary, or consequential damages arising out of use
of this Handbook or use of the data contained herein, however caused, on any theory of liability, and whether or not the
author has been advised of the possibility of such damage.
Legal Information Is Not Legal Advice. This Handbook provides information about the law designed to help
users safely cope with their own legal needs. But legal information is not the same as legal advice -- the application of
law to an individual's specific circumstances. Although the author goes to great lengths to make sure the information is
accurate and useful, the author recommends you consult a lawyer if you want professional assurance that the enclosed
information, and your interpretation of it, is appropriate to your particular situation.
4 PHA Modernization, Development, Maintenance & Relocation
Table of Contents - Volume 4A

(pages numbered sequentially over both volumes)
1. Acknowledgments ....................................................................................... 4
2. Introduction ................................................................................................. 5
3. How to Use the Comprehensive Index ........................................................ 7
4. Statistics for Words appearing in the Comprehensive Index ...................... 7
5. Annotated Lists of PH Modernization, Development, Maintenance

and Relocation Documents Indexed in this Handbook ............................... 8
1) Code of Federal Regulations,
Indexed & Reprinted in this Handbook ........................................... 8
2) HUD Manuals and Guidebooks indexed ......................................... 9
3) HUD Forms indexed........................................................................ 9
4) PIH Notices indexed ...................................................................... 11
5) Note on Spelling in Source Documents......................................... 12
7. Related Regulations: Code of Federal Regulations (CFRs) ..................... 13

1) Summary CFR Table of Contents ................................................. 13
2) Detailed CFR Table of Contents ................................................... 13
3) Related CFRs ................................................................................ 30
8. Comprehensive Index for HUD Regulations and Documents ................ 429

1) Index: A-C (in Volume 4A) ....................................................... 429
Table of Contents - Volume 4B

9. Introductory Pages to Volume 4B ........................................................... 609
10. Comprehensive Index for HUD Regulations and Documents ................ 615
1) Index Continued: D-Z (in Volume 4B) ...................................... 615
11. Useful Web Sites .................................................................................. 1,181

a) HUD – www.hud.gov, and
HUDCLIPS – www.hudclips.org ............................................ 1,181
b) NAHRO – National Association of Housing and
Redevelopment Officials – www.nahro.org ............................ 1,184
c) PHADA – Public Housing Authorities Directors Association –
www.phada.org ........................................................................ 1,185
d) NCHM – National Center for Housing Management –
www.nchm.org ........................................................................ 1,186
Acknowledgments
John Donne wrote, “No man is an island, entire of itself”. Similarly, no book is
an island, entire unto itself, but reflects the input and advice of many.
Thank you first to the many talented and hardworking people at the Housing
Authority of New Orleans (HANO). There are so many, among whom are: Carmen
Valenti, Catherine Lamberg, Carrie Dobbins, Lori Moon and Nadine Jarmon, Ray Allen,
Peter Clark, Joseph Stebbins, Gabrielle Gallerani, Kelly Gardner, Shelly Smith, Kim
Winder, and of course many more.
And at the National Center for Housing Management in Arlington VA, Mike
DeGrandis, Mark Alper, James Waller, John Zeichel, and the whole gang.
Introduction
The Public Housing Program is one of HUD's largest national affordable housing
programs, serving about 1.2 million families in 14,000 public housing developments in
all 50 states, and administered over 3,000 Housing Authorities and Agencies.
The Public Housing Capital Fund and HOPE VI Programs are currently budgeted
at about $3 billion annually. About $1 billion for maintenance is funded through the
Public Housing Operating Fund. Other special Public Housing Programs are accounted
for separately. The nation's existing accrued investment in Public Housing is over $90
billion. However, estimates of current outstanding Public Housing Modernization and
Maintenance needs exceed $20 billion.
The goal of this Handbook is to simplify Public Housing modernization and

maintenance, and save time for the busy Public Housing Administrator and Affordable
Housing Professional. This Handbook's 750-page Comprehensive Index includes about
17,100 entries and 202,000 references, organizing access to the main sources of
regulatory and management control of Public Housing Programs:
Statutory and Federal Regulations, most notably in 24 CFR
HUD Forms,
HUD Handbooks and Guidebooks, and
PIH Notices.
All of these sources of regulation and management decisions are indexed.
The primary regulations from 24 CFR and 49 CFR (about 400 pages), are reprinted in
the front portion of this Handbook, a few pages after this Introduction. The HUD Handbooks
and Guidebooks (about 2,280 pages), main HUD forms (about 350 pages), and PIH Notices
(about 520 pages), are available for free from HUDCLIPS. All are completely indexed in
this Handbook – for a total of about 3,550 HUD pages with over 930,000 words indexed.
In this Comprehensive Index, the total number of times a word or phrase appears is
on the first line of each index entry. Then the index references are listed individually for
each regulatory source shown above.
The author welcomes suggestions and input to improve this Handbook, and for future
Handbooks. For example, new words to add to the index, additional or changed forms, new
regulations, or any other thoughts and suggestions the reader may have.
If you would like a Custom Index for your program documents, or have other
suggestions for indexing and facilitating HUD Affordable Housing, please contact the author.
Please send all suggestions and comments to the author at the email below
David Hoicka
New Orleans, LA.
DavidHoicka@PublicHousing.info
How to Use The Comprehensive Index

Following is a sample Index entry:
18 YEARS ....................................... 30
24 CFR 5: .216; .230 (3); .609 (2); .611;
HUD-50058Instr: p2; p14; p15 (3); p17; p25 (2); p26; p27;
HUD-9886: p1 (2);
7420.10G Gbk: 5-15 Ex 5-2; 5-18 (2); 5-30 (2); 12-13 Ex 12-1;
PIH Notices: 01-15 Impr Integ Hbk (5);
"31" refers to the number of times "18 years" appears in the texts indexed.
References are organized according to type of source: 24 CFR (e.g. 24 CFR
5.230), HUD Forms, HUD Handbooks and Guidebooks, and PIH Notices.
"(2)", "(3)", and such numbers underlined in the indices, means the indexed word
or phrase occurs (2) or (3), (or more) times on that page.
Statistics for Words Appearing in this Index

Words indexed in Public Housing source over 930,000
documents
Pages indexed in HUD source documents about 3,550
Index entry words & phrases in this Index about 17,100
Total index references to source documents about 202,000
Certain common words appear on nearly every page of the source documents,
appearing at the frequency shown in the following table. Such common individual words
were excluded from the printed index. However, where they form a part of an important
phrase - e.g. in phrases like “family absence”, “family breakup”, “family characteristic”,
“family composition”, “family income”, “single family”, “single family house”,
“working family”, etc., these words are included in the indexed.
Common Word Frequency Common Word Frequency

PHA 3,579 requirements 1,395
HUD 2,818 public 1,365
project 2,431 date 1,246
may 1,993 required 1,215
assistance 1,730 program 1,139
property 1,622 must 1,123
development 1,543 agency 1,071
HUD Public Housing Property Management:

Modernization, Development, Maintenance and Relocation
Documents and Forms Indexed
The following HUD Public Housing Modernization, Development, Maintenance
and Relocation forms, manuals and notices are indexed in this Handbook and
Comprehensive Index. The originals of the HUD documents are available for free
download from HUDCLIPS, www.hudclips.org.
1. Code of Federal Regulations - Sections Indexed:

# CFR # CFR Title/Topic
1 24 CFR 8 (Part) Nondiscrimination Based On Handicap
2 24 CFR 35 Lead-Based Paint Poisoning Prevention
3 24 CFR 40 Accessibility Standards
4 24 CFR 41 Accessibility By The Physically Handicapped
5 24 CFR 42 Displacement, Relocation Assistance
6 24 CFR 50 Protection And Enhancement Of Environmental Quality
7 24 CFR 51 Environmental Criteria And Standards
8 24 CFR 55 Floodplain Management
9 24 CFR 58 Environmental Review Procedures
10 24 CFR 70 Volunteers, Davis-Bacon And Hud-Determined Wage
Rates
11 24 CFR 87 New Restrictions On Lobbying
12 24 CFR 135 Economic Opportunities For Low- And Very Low-
Income Persons
13 24 CFR 902 Public Housing Assessment System (PHAS)
14 24 CFR 905 Public Housing Capital Fund Program
15 24 CFR 941 Public Housing Development
16 24 CFR 943 Public Housing Agency Consortia And Joint Ventures
17 24 CFR 945 Designated Public Housing Disabled, Elderly
18 24 CFR 963 Contracting With Resident-Owned Businesses
19 24 CFR 964 Tenant Participation And Tenant Opportunities
(Section 320 only)
20 24 CFR 965 PHA-Owned Or Leased Projects
21 24 CFR 968 Public Housing Modernization
22 24 CFR 969 Pha-Owned Projects - Continued Operation As Low-
Income Housing After Completion Of Debt Service
23 24 CFR 970 Demolition Or Disposition Of Public Housing
24 24 CFR 971 Assessment Of Reasonable Revitalization Potential
Public Housing
# CFR # CFR Title/Topic
25 24 CFR 972 Conversion Of Public Housing To Tenant-Based
Assistance
26 49 CFR 24 Uniform Relocation Assistance
2. HUD Handbooks, Manuals and Guidebooks Indexed:

# Handbook ID Handbook Title/Topic Approx
Pages
FH Des Man Fair Housing Design Manual 334
UFAS Uniform Federal Accessibility Standards 65
1378.0 Relocation Handbook 426
4910.1 Minimum Property Standards for Housing Hbk 161
7417.1 Public Housing Development Handbook 423
7418.1 Preparation of a Life-cycle Cost Analysis Hbk 68
7485.1 PIH Comprehensive Improvement Assistance 322
Program (CIAP) Handbook
7485.2 Public Housing Modernization Standards 162
Handbook
7485.3G Comprehensive Grant Program Guidebook 319
3. HUD Forms Indexed:

# Form # Form Title/Topic
1 HUD-2516 Contract and Subcontract Activity
2 HUD-2530 Previous Participation Certification
3 HUD-40054 Claim for Moving and Related Expenses
4 HUD-40055 Claim for Actual Reasonable Moving and Related
Expenses
5 HUD-40056 Claim for Fixed Payment in Lieu of Payment for Actual
Moving and Related Expenses
6 HUD-40057 Claim for Replacement Housing Payment for 180-Day
Homeowner
7 HUD-40058 Claim for Rental Assistance or Down Payment Assistance
8 HUD-40061 Selection of Most Representative Comparable
Replacement Dwelling for Computing a Replacement
Housing Payment
9 HUD-40072 Claim for Rental or Purchase Assistance
10 HUD-50070 Certification for a Drug-Free Workplace
11 HUD-50071 Certification of Payments to Influence Federal
Transactions
12 HUD-50072 Public Housing Assessment System (PHAS) Management
Operations Certification
13 HUD-5087 Outline Specification
14 HUD-51000 Schedule of Amounts for Contract Payments
15 HUD-51001 Periodic Estimate for Partial Payment
16 HUD-51002 Schedule of Change Orders
17 HUD-51003 Schedule of Materials Stored
18 HUD-51004 Summary of Materials Stored
19 HUD-51915 Model Form of Agreement Between Owner and Design
Professional
20 HUD-51975-A Contract Provisions Required by Federal Law or Owner
Contract with the U.S. Department of Housing and Urban
Development
21 HUD-51971 Offer of Sale of Real Property
22 HUD-51994 Life-Cycle Cost Analysis of Utility Combinations
23 HUD-52190-A Declaration of Trust (Development Grant Projects)
24 HUD-52190-B Declaration of Trust (Public Housing Modernization Grant
Projects)
25 HUD-52190-C Declaration of Trust (Indian Housing Modernization Grant
Projects)
26 HUD-52344 Notice of End of Initial Operating Period
27 HUD-52396 Analysis of Proposed Main Construction Contract
28 HUD-52423 Notice of Date of Full Availability
29 HUD-52427 Actual Development Cost Certificate
30 HUD-52481 Cooperation Agreement
31 HUD-52484 Development Cost Budget/Cost Statement
32 HUD-52540 Project Accounting Data (PAD)
33 HUD-52580 Inspection Checklist
34 HUD-52651-A Site, Design and Cost Report
35 HUD-52820 PHA Board Resolution Approving CIAP Budget
36 HUD-52820-C PHA Approval of CIAP Applicant Certifications
37 HUD-52825 CIAP Budget /Progress Report
38 HUD-52832 Physical Needs Assessment
39 HUD-52833 Management Needs Assessment
40 HUD-52834 Five-Year Action Plan
41 HUD-52835 Local Government Statement
42 HUD-52836 HA Board Resolution Approving Comprehensive Plan or
Annual Statement Comprehensive Grant Program (CGP)
43 HUD-52837 Annual Statement / Performance and Evaluation Report
Comprehensive Grant Program (CGP)
44 HUD-52840A Capital Fund Program (CFP) Amendment To The
Consolidated Annual Contributions Contract
45 HUD-52842 Annual Statement / Performance and Evaluation Report on
Replacement Reserve
46 HUD-53001 Actual Modernization Cost Certificate
47 HUD-53009-A Comprehensive Improvement Assistance Program (CIAP)
Amendment
48 HUD-53012A Part A of a Consolidated Annual Contributions Contract
49 HUD-53012B Additional Terms and Conditions of a Consolidated
Annual Contributions Contract
50 HUD-5369 Instructions to Bidders for Contracts
51 HUD-5369-A Representations, Certifications, and Other Statements of
Bidders
52 HUD-5369-B Instructions to Offerors Non-Construction
53 HUD-5369C Certifications and Representations of Offerors Non-
Construction Contract
54 HUD-5370 General Conditions of the Contract for Construction
55 HUD-5370-C General Contract Conditions Non-Construction
56 HUD-5372 Construction Progress Schedule
57 HUD-5378 Public Housing Construction Report
58 HUD-92264 Multifamily Summary Appraisal Report
4. PIH Notices Indexed (PIH = Public & Indian Housing):

PIH # Topic of PIH Notice Indexed Applicability
04-6 Development Cost Limits – Extension of PIH Mod Fin
2003-8
04-5 Mixed Finance Development Operating Subsidies Mod Fin
04-4 Housing Choice Vouchers for Demolition, Mod Fin
Disposition and Conversion of Public Housing
04-3 Demolition Disposition Processing Requirements Mod Fin
– Extension of PIH 2003-9
03-33 PIC for Demolition Disposition Mod Fin
03-31 ADA Mod Fin
and Architectural Barriers Act – Updates PIH Mod Fin
2002-01
03-19 CapFund.doc Mod Fin
03-09 Development.exe Fin Mod
03-08 Development.pdf** Fin Mod
03-08 att_Development.pdf** Fin Mod
02-26 ModRehabExtension.doc Mod Fin
02-23 Demolition.doc Mod Fin
01-44 SpecialApplicationCenter.doc Mod SS8 Multi
01-38 Demolition.doc Mod Fin
01-35 FinanceMgtCorrections.doc Mod Fin
01-22 PH_DevelopmentCosts.exe Fin Mod
00-48 DavisBacon.doc Mod Fin
00-48-A DavisBaconLaborStandards Attachment Mod Fin
PIH # Topic of PIH Notice Indexed Applicability
00-47 DevelopmentCost.doc Mod Fin
00-25 DevelopmentCost.doc Fin Mod
00-15 Development Cost.doc Fin Mod
00-08 Environment.doc Multi Fin Mod
99-19- Demolition App 1 Mod Fin
App1
App2
App3
99-17 Development Cost.doc Fin Mod
98-28 Demo, Conversions, Homeownership – SS8 Multi Mod
SpecialApplicationCenter.doc
96-56 ModernizationDevelopmentCosts.doc Fin Mod
5. Note on Spelling in Source Documents

The original source documents come with a wide variety of formats, spellings,
and punctuations.
For consistency, spelling irregularities, hyphens, etc. in the original sources are
retained as-is in the Index. Thus, e.g. the following words, all with about the same
meaning, are indexed separately:
“childcare”,
“child care”, and
“child-care”
For thoroughness, please check all word and punctuation forms, including
apostrophes, hyphens, etc.
Custom Indices. If you would like a Custom Index for your program documents,
or have other suggestions for indexing HUD Affordable Housing Regulations,
please contact the author David Hoicka at:
DavidHoicka@PublicHousing.info.
Codes of Federal Regulations

Most Applicable to Public Housing Modernization,
Development and Maintenance from 24 CFR and 49 CFR
Summary Table of Contents

24 CFR 8 (Part) Nondiscrimination Based On Handicap ................................................. 31
24 CFR 35 Lead-Based Paint Poisoning Prevention ......................................................... 44
24 CFR 40 Accessibility Standards ................................................................................... 96
24 CFR 41 Accessibility By The Physically Handicapped ............................................... 98
24 CFR 42 Displacement, Relocation Assistance ........................................................... 101
24 CFR 50 Protection And Enhancement Of Environmental Quality ............................ 107
24 CFR 51 Environmental Criteria And Standards ......................................................... 118
24 CFR 55 Floodplain Management ............................................................................... 134
24 CFR 58 Environmental Review Procedures ............................................................... 144
24 CFR 70 Volunteers, Davis-Bacon And Hud-Determined Wage Rates ...................... 167
24 CFR 87 New Restrictions On Lobbying .................................................................... 170
24 CFR 135 Economic Opportunities For Low- And Very Low-Income Persons ......... 179
24 CFR 902 Public Housing Assessment System (PHAS) ............................................. 201
24 CFR 905 Public Housing Capital Fund Program ....................................................... 233
24 CFR 941 Public Housing Development ..................................................................... 240
24 CFR 943 Public Housing Agency Consortia And Joint Ventures .............................. 267
24 CFR 945 Designated Public Housing Disabled, Elderly ............................................ 273
24 CFR 963 Contracting With Resident-Owned Businesses .......................................... 283
24 CFR 964 (Section 320 only) Tenant Participation And Tenant Opportunities .......... 286
24 CFR 965 PHA-Owned Or Leased Projects ................................................................ 287
24 CFR 968 Public Housing Modernization ................................................................... 300
24 CFR 969 Pha-Owned Projects - Continued Operation As Low-Income Housing After
Completion Of Debt Service ........................................................................................... 342
24 CFR 970 Demolition Or Disposition Of Public Housing ........................................... 345
24 CFR 971 Assessment Of Reasonable Revitalization Potential Public Housing......... 362
24 CFR 972 Conversion Of Public Housing To Tenant-Based Assistance .................... 370
49 CFR 24 Uniform Relocation Assistance .................................................................... 385
Detailed Table of Contents

24 CFR 8 (Part) Nondiscrimination Based On Handicap ................................................. 31
Subpart A_General Provisions ...................................................................................... 31
Sec. 8.1 Purpose. ....................................................................................................... 31
Sec. 8.2 Applicability. ............................................................................................... 32
Sec. 8.3 Definitions. .................................................................................................. 32
Subpart C_Program Accessibility ................................................................................. 36
Sec. 8.20 General requirement concerning program accessibility. ........................... 36
Sec. 8.21 Non-housing facilities. .............................................................................. 36
Sec. 8.22 New construction--housing facilities. ........................................................ 37
Sec. 8.23 Alterations of existing housing facilities. .................................................. 38
Sec. 8.24 Existing housing programs. ....................................................................... 38
Sec. 8.25 Public housing and multi-family Indian housing. ..................................... 39
Sec. 8.26 Distribution of accessible dwelling units. ................................................. 40
Sec. 8.27 Occupancy of accessible dwelling units. ................................................... 41
Sec. 8.28 Housing certificate and housing voucher programs. ................................. 41
Sec. 8.29 Homeownership programs (sections 235(i) and 235(j), Turnkey III and
Indian housing mutual self-help programs). ............................................................. 41
Sec. 8.30 Rental rehabilitation program. ................................................................... 42
Sec. 8.31 Historic properties. .................................................................................... 42
Sec. 8.32 Accessibility standards. ............................................................................. 42
Sec. 8.33 Housing adjustments. ................................................................................ 43
Subpart D_Enforcement ................................................................................................ 43
Sec. 8.50 Assurances required................................................................................... 43
24 CFR 35 Lead-Based Paint Poisoning Prevention ......................................................... 44
Subpart A_Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards
Upon Sale or Lease of Residential Property ................................................................. 46
Sec. 35.80 Purpose. ................................................................................................... 46
Sec. 35.82 Scope and applicability............................................................................ 47
Sec. 35.84 Effective dates. ........................................................................................ 47
Sec. 35.86 Definitions. .............................................................................................. 47
Sec. 35.88 Disclosure requirements for sellers and lessors....................................... 49
Sec. 35.90 Opportunity to conduct an evaluation. .................................................... 49
Sec. 35.92 Certification and acknowledgment of disclosure. ................................... 50
Sec. 35.94 Agent responsibilities. ............................................................................. 51
Sec. 35.96 Enforcement. ........................................................................................... 52
Sec. 35.98 Impact on State and local requirements. .................................................. 52
Subpart B_General Lead-Based Paint Requirements and Definitions for All Programs.
....................................................................................................................................... 52
Sec. 35.100 Purpose and applicability. ..................................................................... 52
Sec. 35.105 Effective dates. ...................................................................................... 54
Sec. 35.106 Information collection requirements. .................................................... 54
Sec. 35.110 Definitions. ............................................................................................ 54
Sec. 35.115 Exemptions. ........................................................................................... 59
Sec. 35.120 Options. ................................................................................................. 61
Sec. 35.125 Notice of evaluation and hazard reduction activities............................. 61
Sec. 35.130 Lead hazard information pamphlet. ....................................................... 62
Sec. 35.135 Use of paint containing lead. ................................................................. 62
Sec. 35.140 Prohibited methods of paint removal. ................................................... 62
Sec. 35.145 Compliance with Federal laws and authorities. ..................................... 63
Sec. 35.150 Compliance with other State, tribal, and local laws. ............................. 63
Sec. 35.155 Minimum requirements. ........................................................................ 63
Sec. 35.160 Waivers. ................................................................................................. 63
GPO Revised as of April 1, 2004

Sec. 35.165 Prior evaluation or hazard reduction...................................................... 64
Sec. 35.170 Noncompliance with the requirements of subparts B through R of this
part. ............................................................................................................................ 65
Sec. 35.175 Records. ................................................................................................. 65
Subpart C_Disposition of Residential Property Owned by a Federal Agency Other
Than HUD ..................................................................................................................... 65
Sec. 35.200 Purpose and applicability. ...................................................................... 65
Sec. 35.205 Definitions and other general requirements. .......................................... 65
Sec. 35.210 Disposition of residential property constructed before 1960. ................ 65
Sec. 35.215 Disposition of residential property constructed after 1959 and before
1978. .......................................................................................................................... 66
Subpart D_Project-Based Assistance Provided by a Federal Agency Other Than HUD
....................................................................................................................................... 66
Sec. 35.310 Notices and pamphlet. ........................................................................... 66
Sec. 35.315 Risk assessment. .................................................................................... 66
Sec. 35.320 Hazard reduction. ................................................................................... 66
Sec. 35.325 Child with an environmental intervention blood lead level................... 66
Subpart E [Reserved] ..................................................................................................... 66
Subpart F_HUD-Owned Single Family Property.......................................................... 66
Sec. 35.510 Required procedures. ............................................................................. 67
Subpart G_Multifamily Mortgage Insurance ................................................................ 67
Sec. 35.610 Exemption. ............................................................................................. 67
Sec. 35.620 Multifamily insured property constructed before 1960. ........................ 67
Sec. 35.625 Multifamily insured property constructed after 1959 and before 1978. 68
Sec. 35.630 Conversions and major rehabilitations. ................................................. 68
Subpart H_Project-Based Rental Assistance ................................................................. 68
Sec. 35.715 Multifamily properties receiving more than $5,000 per unit. ................ 69
Sec. 35.720 Multifamily properties receiving up to $5,000 per unit, and single
family properties. ....................................................................................................... 70
Sec. 35.725 Section 8 Rent adjustments. ................................................................... 70
Sec. 35.730 Child with an environmental intervention blood lead level................... 70
Subpart I_HUD-Owned and Mortgagee-in-Possession Multifamily Property ............. 71
Sec. 35.815 Evaluation. ............................................................................................. 72
Sec. 35.820 Interim controls. .................................................................................... 72
Sec. 35.825 Ongoing lead-based paint maintenance and reevaluation. .................... 72
Sec. 35.830 Child with an environmental intervention blood lead level. ................. 73
Subpart J_Rehabilitation ............................................................................................... 74
Sec. 35.900 Purpose and applicability. ..................................................................... 74
Sec. 35.905 Definitions and other general requirements. ......................................... 74
Sec. 35.915 Calculating rehabilitation costs, except for the CILP Program. ............ 75
Sec. 35.920 Calculating rehabilitation costs for the Flexible Subsidy- .................... 75
Sec. 35.925 Examples of determining applicable requirements. .............................. 75
Sec. 35.930 Evaluation and hazard reduction requirements. .................................... 76
Sec. 35.935 Ongoing lead-based paint maintenance activities. ................................ 76
Sec. 35.940 Special requirements for insular areas. .................................................. 77
Subpart K_Acquisition, Leasing, Support Services, or Operation ................................ 77
Sec. 35.1000 Purpose and applicability. ................................................................... 77
Sec. 35.1005 Definitions and other general requirements. ....................................... 78
Sec. 35.1010 Notices and pamphlet. ......................................................................... 78
Sec. 35.1015 Visual assessment, paint stabilization, and maintenance. ................... 78
Sec. 35.1020 Funding for evaluation and hazard reduction. ..................................... 78
Subpart L_Public Housing Programs ............................................................................ 79
Sec. 35.1115 Evaluation. ........................................................................................... 79
Sec. 35.1120 Hazard reduction. ................................................................................ 79
Sec. 35.1125 Evaluation and hazard reduction before acquisition and development.
................................................................................................................................... 80
Sec. 35.1130 Child with an environmental intervention blood lead level. ............... 80
Sec. 35.1135 Eligible costs. ...................................................................................... 81
Sec. 35.1140 Insurance coverage. ............................................................................. 82
Subpart M_Tenant-Based Rental Assistance ................................................................ 82
Sec. 35.1215 Activities at initial and periodic inspection. ........................................ 83
Sec. 35.1220 Ongoing lead-based paint maintenance activities. .............................. 83
Sec. 35.1225 Child with an environmental intervention blood lead level. ............... 83
Subpart R_Methods and Standards for Lead-Paint Hazard Evaluation and Hazard
Reduction Activities ...................................................................................................... 84
Sec. 35.1310 References. .......................................................................................... 85
Sec. 35.1315 Collection and laboratory analysis of samples. ................................... 85
Sec. 35.1320 Lead-based paint inspections and risk assessments............................. 85
Sec. 35.1325 Abatement............................................................................................ 86
Sec. 35.1330 Interim controls. .................................................................................. 86

Sec. 35.1335 Standard treatments. ............................................................................ 89
Sec. 35.1340 Clearance. ............................................................................................ 89
Sec. 35.1345 Occupant protection and worksite preparation. ................................... 91
Sec. 35.1350 Safe work practices. ............................................................................. 92
Sec. 35.1355 Ongoing lead-based paint maintenance and reevaluation activities. ... 92
24 CFR 40 Accessibility Standards ................................................................................... 96
Sec. 40.1 Purpose. ......................................................................................................... 96
Sec. 40.2 Definition of ``residential structure''. ............................................................. 96
Sec. 40.3 Applicability. ................................................................................................. 96
Sec. 40.4 Standards........................................................................................................ 97
Sec. 40.5 [Reserved] ...................................................................................................... 97
Sec. 40.6 Records. ......................................................................................................... 97
Sec. 40.7 Availability of Accessibility Standards. ........................................................ 97
24 CFR 41 Accessibility By The Physically Handicapped ............................................... 98
Sec. 41.1 Applicability. ................................................................................................. 98
Sec. 41.2 Definitions. .................................................................................................... 98
Sec. 41.3 Assurance and declaration required. .............................................................. 98
Sec. 41.4 Waiver or modification of standards. ............................................................ 99
Sec. 41.5 Achieving compliance. .................................................................................. 99
Sec. 41.6 Matters involving the Architectural and Transportation Barriers Compliance
Board. .......................................................................................................................... 100
24 CFR 42 Displacement, Relocation Assistance ........................................................... 101
Subpart A_General ...................................................................................................... 101
Sec. 42.1 Applicable rules. ...................................................................................... 101
Subpart B [Reserved] .................................................................................................. 102
Subpart C_Requirements Under Section 104(d) of Housing and Community
Development Act of 1974 ........................................................................................... 102
Sec. 42.301 Applicability. ....................................................................................... 102
Sec. 42.305 Definitions. .......................................................................................... 102
Sec. 42.325 Residential antidisplacement and relocation assistance plan............... 103
Sec. 42.350 Relocation assistance for displaced persons. ....................................... 103
Sec. 42.375 One-for-one replacement of lower-income dwelling units. ................. 104
Sec. 42.390 Appeals. ............................................................................................... 106
24 CFR 50 Protection And Enhancement Of Environmental Quality ............................ 107
Subpart A_General: Federal Laws and Authorities..................................................... 107
Sec. 50.1 Purpose, authority, and applicability. ...................................................... 107
Sec. 50.2 Terms and abbreviations. ......................................................................... 108
Sec. 50.3 Environmental policy............................................................................... 108
Sec. 50.4 Related Federal laws and authorities. ...................................................... 109
Subpart B_General Policy: Responsibilities and Program Coverage.......................... 110
Sec. 50.10 Basic environmental responsibility........................................................ 110
Sec. 50.11 Responsibility of the HUD approving official....................................... 110
Subpart C_General Policy: Decision Points ................................................................ 111
Sec. 50.16 Decision points for policy actions. ........................................................ 111
Sec. 50.17 Decision points for projects. .................................................................. 111
Subpart D_General Policy: Environmental Review Procedures ................................. 112
Sec. 50.18 General. ................................................................................................. 112
Sec. 50.19 Categorical exclusions not subject to the Federal laws and authorities
cited in SEC. 50.4. ................................................................................................... 112
Sec. 50.20 Categorical exclusions subject to the Federal laws and authorities cited in
SEC. 50.4................................................................................................................. 114
Sec. 50.21 Aggregation. .......................................................................................... 115
Sec. 50.22 Environmental management and monitoring. ....................................... 115
Sec. 50.23 Public participation. ............................................................................... 115
Sec. 50.24 HUD review of another agency's EIS. ................................................... 115
Subpart E_Environmental Assessments and Related Reviews ................................... 116
Sec. 50.31 The EA................................................................................................... 116
Sec. 50.32 Responsibility for environmental processing. ....................................... 116
Sec. 50.33 Action resulting from the assessment. ................................................... 116
Sec. 50.34 Time delays for exceptional circumstances. .......................................... 116
Sec. 50.35 Use of prior environmental assessments. .............................................. 117
Sec. 50.36 Updating of environmental reviews. ..................................................... 117
Subpart F_Environmental Impact Statements ............................................................. 117
Sec. 50.41 EIS policy. ............................................................................................. 117
Sec. 50.42 Cases when an EIS is required. ............................................................. 117
Sec. 50.43 Emergencies. ......................................................................................... 117
24 CFR 51 Environmental Criteria And Standards ......................................................... 118
Subpart A_General Provisions .................................................................................... 118
Sec. 51.1 Purpose. ................................................................................................... 118
Sec. 51.2 Authority.................................................................................................. 118
Sec. 51.3 Responsibilities........................................................................................ 119
Sec. 51.4 Program coverage. ................................................................................... 119
Subpart B_Noise Abatement and Control ................................................................... 119
Sec. 51.100 Purpose and authority. ......................................................................... 119
Sec. 51.101 General policy. .................................................................................... 119
Sec. 51.102 Responsibilities.................................................................................... 121
Sec. 51.103 Criteria and standards. ......................................................................... 121
Sec. 51.104 Special requirements. .......................................................................... 122
Sec. 51.105 Exceptions. .......................................................................................... 123
Sec. 51.106 Implementation. ................................................................................... 123
Subpart C_Siting of HUD-Assisted Projects Near Hazardous Operations Handling
Conventional Fuels or Chemicals of an Explosive or Flammable Nature .................. 126
Sec. 51.200 Purpose. ............................................................................................... 126
Sec. 51.201 Definitions. .......................................................................................... 126
Sec. 51.202 Approval of HUD-assisted projects..................................................... 127
Sec. 51.203 Safety standards. .................................................................................. 127
Sec. 51.204 HUD-assisted hazardous facilities. ...................................................... 128
Sec. 51.205 Mitigating measures. ........................................................................... 128
Sec. 51.207 Special circumstances. ......................................................................... 128
Sec. 51.208 Reservation of administrative and legal rights. ................................... 128

Subpart D_Siting of HUD Assisted Projects in Runway Clear Zones at Civil Airports
and Clear Zones and Accident Potential Zones at Military Airfields ......................... 132
Sec. 51.300 Purpose. ............................................................................................... 132
Sec. 51.301 Definitions. .......................................................................................... 132
Sec. 51.302 Coverage. ............................................................................................. 132
Sec. 51.303 General policy. ..................................................................................... 133
Sec. 51.304 Responsibilities. ................................................................................... 133
24 CFR 55 Floodplain Management ............................................................................... 134
Sec. 55.1 Purpose and basic responsibility. ............................................................. 135
Sec. 55.2 Terminology. ........................................................................................... 136
Sec. 55.3 Assignment of responsibilities. ................................................................ 137
Subpart B_Application of Executive Order on Floodplain Management ................... 137
Sec. 55.10 Environmental review procedures under 24 CFR parts 50 and 58. ....... 137
Sec. 55.11 Applicability of subpart C decision making process. ............................ 138
Sec. 55.12 Inapplicability of 24 CFR part 55 to certain categories of proposed
actions. ..................................................................................................................... 138
Subpart C_Procedures for Making Determinations on Floodplain Management ....... 140
Sec. 55.20 Decision making process. ...................................................................... 140
Sec. 55.21 Notification of floodplain hazard........................................................... 141
Sec. 55.22 Conveyance restrictions for the disposition of multifamily real property.
................................................................................................................................. 141
Sec. 55.23 [Reserved] .............................................................................................. 142
Sec. 55.24 Aggregation. .......................................................................................... 142
Sec. 55.25 Areawide compliance. ........................................................................... 142
Sec. 55.26 Adoption of another agency's review under the executive orders. ........ 143
Sec. 55.27 Documentation. ...................................................................................... 143
24 CFR 58 Environmental Review Procedures ............................................................... 144
Subpart A_Purpose, Legal Authority, Federal Laws and Authorities ......................... 145
Sec. 58.1 Purpose and applicability. ........................................................................ 145
Sec. 58.2 Terms, abbreviations and definitions. ...................................................... 147
Sec. 58.4 Assumption authority............................................................................... 149
Sec. 58.5 Related Federal laws and authorities. ...................................................... 149
Sec. 58.6 Other requirements. ................................................................................. 151
Subpart B_General Policy: Responsibilities of Responsible Entities ......................... 152
Sec. 58.10 Basic environmental responsibility........................................................ 152
Sec. 58.11 Legal capacity and performance. ........................................................... 152
Sec. 58.12 Technical and administrative capacity................................................... 152
Sec. 58.13 Responsibilities of the certifying officer. .............................................. 152
Sec. 58.14 Interaction with State, Federal and non-Federal entities. ...................... 153
Sec. 58.15 Tiering.................................................................................................... 153
Sec. 58.17 [Reserved] .............................................................................................. 153
Sec. 58.18 Responsibilities of States assuming HUD environmental responsibilities.
................................................................................................................................. 153
Subpart C_General Policy: Environmental Review Procedures ................................. 154
Sec. 58.21 Time periods. ......................................................................................... 154
Sec. 58.22 Limitations on activities pending clearance. ......................................... 154
Sec. 58.23 Financial assistance for environmental review...................................... 155
Subpart D_Environmental Review Process: Documentation, Range of Activities,
Project Aggregation and Classification ....................................................................... 155
Sec. 58.30 Environmental review process. ............................................................. 155
Sec. 58.32 Project aggregation. ............................................................................... 155
Sec. 58.33 Emergencies. ......................................................................................... 156
Sec. 58.34 Exempt activities. .................................................................................. 156
Sec. 58.35 Categorical exclusions. .......................................................................... 157
Sec. 58.36 Environmental assessments. .................................................................. 158
Sec. 58.37 Environmental impact statement determinations. ................................. 158
Sec. 58.38 Environmental review record. ............................................................... 159
Subpart E_Environmental Review Process: Environmental Assessments (EA's) ...... 159
Sec. 58.40 Preparing the environmental assessment. .............................................. 159
Sec. 58.43 Dissemination and/or publication of the findings of no significant impact.
................................................................................................................................. 160
Sec. 58.45 Public comment periods. ....................................................................... 161
Sec. 58.46 Time delays for exceptional circumstances. .......................................... 161
Sec. 58.47 Re-evaluation of environmental assessments and other environmental
findings. ................................................................................................................... 161
Subpart F_Environmental Review Process: Environmental Impact Statement
Determinations ............................................................................................................ 162
Sec. 58.52 Adoption of other agencies' EISs. ......................................................... 162
Sec. 58.53 Use of prior environmental impact statements. ..................................... 162
Subpart G_Environmental Review Process: Procedures for Draft, Final and
Supplemental Environmental Impact Statements ....................................................... 162
Sec. 58.55 Notice of intent to prepare an EIS. ........................................................ 163
Sec. 58.56 Scoping process. .................................................................................... 163
Sec. 58.57 Lead agency designation. ...................................................................... 163
Sec. 58.59 Public hearings and meetings. ............................................................... 163
Sec. 58.60 Preparation and filing of environmental impact statements. ................. 163
Subpart H_Release of Funds for Particular Projects ................................................... 164
Sec. 58.70 Notice of intent to request release of funds. .......................................... 164
Sec. 58.71 Request for release of funds and certification. ...................................... 164
Sec. 58.72 HUD or State actions on RROFs and certifications. ............................. 164
Sec. 58.73 Objections to release of funds. .............................................................. 165
Sec. 58.74 Time for objecting. ................................................................................ 165
Sec. 58.75 Permissible bases for objections. ........................................................... 165
Sec. 58.76 Procedure for objections. ....................................................................... 165
Sec. 58.77 Effect of approval of certification. ........................................................ 165
24 CFR 70 Volunteers, Davis-Bacon And Hud-Determined Wage Rates ...................... 167
Sec. 70.1 Purpose and authority. ................................................................................. 167
Sec. 70.2 Applicability. ............................................................................................... 168
Sec. 70.3 Definitions. .................................................................................................. 168
Sec. 70.4 Procedure for implementing prevailing wage exemptions for volunteers... 169

Sec. 70.5 Procedure for obtaining HUD waiver of prevailing wage rates for volunteers.
..................................................................................................................................... 169
24 CFR 87 New Restrictions On Lobbying .................................................................... 170
Sec. 87.100 Conditions on use of funds. ................................................................. 171
Sec. 87.105 Definitions. .......................................................................................... 171
Sec. 87.110 Certification and disclosure. ................................................................ 173
Subpart B_Activities by Own Employees ................................................................... 174
Sec. 87.200 Agency and legislative liaison. ............................................................ 174
Sec. 87.205 Professional and technical services. .................................................... 174
Sec. 87.210 Reporting. ............................................................................................ 175
Subpart C_Activities by Other Than Own Employees................................................ 175
Sec. 87.300 Professional and technical services. .................................................... 175
Subpart D_Penalties and Enforcement ........................................................................ 176
Sec. 87.400 Penalties. .............................................................................................. 176
Sec. 87.405 Penalty procedures. .............................................................................. 177
Sec. 87.410 Enforcement. ........................................................................................ 177
Subpart E_Exemptions ................................................................................................ 177
Sec. 87.500 Secretary of Defense. ........................................................................... 177
Subpart F_Agency Reports.......................................................................................... 177
Sec. 87.600 Semi-annual compilation. .................................................................... 177
Sec. 87.605 Inspector General report. ..................................................................... 178
24 CFR 135 Economic Opportunities For Low- And Very Low-Income Persons ......... 179
Sec. 135.1 Purpose. ................................................................................................. 180
Sec. 135.2 Effective date of regulation. .................................................................. 180
Sec. 135.3 Applicability. ......................................................................................... 180
Sec. 135.5 Definitions. ............................................................................................ 181
Sec. 135.7 Delegation of authority. ......................................................................... 185
Sec. 135.9 Requirements applicable to HUD NOFAs for section 3 covered
programs. ................................................................................................................. 185
Sec. 135.11 Other laws governing training, employment, and contracting. ........... 185
Subpart B_Economic Opportunities for Section 3 Residents and Section 3 Business
Concerns ...................................................................................................................... 186
Sec. 135.30 Numerical goals for meeting the greatest extent feasible requirement.
................................................................................................................................. 186
Sec. 135.32 Responsibilities of the recipient........................................................... 188
Sec. 135.34 Preference for section 3 residents in training and employment
opportunities. ........................................................................................................... 189
Sec. 135.36 Preference for section 3 business concerns in contracting opportunities.
................................................................................................................................. 189
Sec. 135.38 Section 3 clause. .................................................................................. 190
Sec. 135.40 Providing other economic opportunities. ............................................. 191
Subpart C [Reserved] .................................................................................................. 192
Subpart D_Complaint and Compliance Review.......................................................... 192
Sec. 135.70 General. ................................................................................................ 192
Sec. 135.72 Cooperation in achieving compliance. ................................................ 192
Sec. 135.74 Section 3 compliance review procedures. ........................................... 193
Sec. 135.76 Filing and processing complaints. ....................................................... 193
Subpart E_Reporting and Recordkeeping ................................................................... 195
Sec. 135.90 Reporting. ............................................................................................ 195
Sec. 135.92 Recordkeeping and access to records. ................................................. 196
24 CFR 902 Public Housing Assessment System (PHAS) ............................................. 201
Sec. 902.1 Purpose and general description. ........................................................... 202
Sec. 902.3 Scope. .................................................................................................... 202
Sec. 902.7 Definitions. ............................................................................................ 203
Sec. 902.9 Frequency of PHAS scoring for small PHAs. ....................................... 204
Subpart B_PHAS Indicator #1: Physical Condition ................................................... 205
Sec. 902.20 Physical condition assessment. ............................................................ 205
Sec. 902.23 Physical condition standards for public housing--decent, safe, and
sanitary housing in good repair (DSS/GR). ............................................................ 205
Sec. 902.24 Physical inspection of PHA properties. ............................................... 207
Sec. 902.25 Physical condition scoring and thresholds. ......................................... 209
Sec. 902.26 Physical Inspection Report. ................................................................. 212
Sec. 902.27 Physical condition portion of total PHAS points. ............................... 212
Subpart C_PHAS Indicator #2: Financial Condition .................................................. 212
Sec. 902.30 Financial condition assessment. .......................................................... 212
Sec. 902.33 Financial reporting requirements. ........................................................ 212
Sec. 902.35 Financial condition scoring and thresholds. ........................................ 213
Sec. 902.37 Financial condition portion of total PHAS points. .............................. 214
Subpart D_PHAS Indicator #3: Management Operations .......................................... 214
Sec. 902.40 Management operations assessment. ................................................... 214
Sec. 902.43 Management operations performance standards. ................................ 214
Sec. 902.45 Management operations scoring and thresholds.................................. 216
Sec. 902.47 Management operations portion of total PHAS points........................ 216
Subpart E_PHAS Indicator #4: Resident Service and Satisfaction............................. 217
Sec. 902.50 Resident service and satisfaction assessment. ..................................... 217
Sec. 902.51 Updating of public housing unit address information. ........................ 217
Sec. 902.52 Distribution of survey to residents. ..................................................... 218
Sec. 902.53 Resident service and satisfaction scoring and thresholds. ................... 218
Sec. 902.55 Resident service and satisfaction portion of total PHAS points. ......... 219
Subpart F_PHAS Scoring............................................................................................ 219
Sec. 902.60 Data collection. .................................................................................... 219
Sec. 902.63 PHAS scoring. ..................................................................................... 220
Sec. 902.67 Score and designation status. ............................................................... 221
Sec. 902.68 Technical review of results of PHAS Indicators #1 or #4. .................. 222
Sec. 902.69 PHA right of petition and appeal. ........................................................ 224
Subpart G_PHAS Incentives and Remedies ............................................................... 225
Sec. 902.71 Incentives for high performers. ........................................................... 225
Sec. 902.73 Referral to an Area HUB/Program Center. ......................................... 226

Sec. 902.75 Referral to a Troubled Agency Recovery Center (TARC). ................. 227
Sec. 902.77 Referral to the Departmental Enforcement Center (DEC). ................. 229
Sec. 902.79 Substantial default. .............................................................................. 230
Sec. 902.83 Interventions. ....................................................................................... 231
Sec. 902.85 Resident petitions for remedial action. ................................................ 232
24 CFR 905 Public Housing Capital Fund Program ....................................................... 233
Sec. 905.10 Capital Fund formula (CFF). ................................................................... 233
Sec. 905.120 Penalties for slow obligation or expenditure of CFP assistance. ........... 239
24 CFR 941 Public Housing Development ..................................................................... 240
Sec. 941.101 Purpose and scope.............................................................................. 241
Sec. 941.102 Development methods and funding. .................................................. 241
Sec. 941.103 Definitions. ........................................................................................ 242
Subpart B_PHA Eligibility and Program Requirements ............................................. 244
Sec. 941.201 PHA eligibility. .................................................................................. 244
Sec. 941.202 Site and neighborhood standards. ...................................................... 244
Sec. 941.203 Design and construction standards. ................................................... 245
Sec. 941.205 PHA contracts. ................................................................................... 246
Sec. 941.207 Displacement, relocation, and acquisition. ........................................ 246
Sec. 941.208 Other Federal requirements. .............................................................. 249
Sec. 941.209 Audit. ................................................................................................. 249
Subpart C_Application and Proposal .......................................................................... 249
Sec. 941.301 Application. ....................................................................................... 249
Sec. 941.302 Annual contributions contract; drawdowns and advances................. 250
Sec. 941.303 Site acquisition proposal. ................................................................... 250
Sec. 941.304 Full proposal content. ........................................................................ 251
Sec. 941.305 Technical processing and approval. ................................................... 252
Sec. 941.306 Maximum project cost. ...................................................................... 252
Subpart D_Project Development ................................................................................. 254
Sec. 941.401 Site and property acquisition. ............................................................ 254
Sec. 941.402 Project design and construction. ........................................................ 254
Sec. 941.403 Acceptance of work and contract settlement. .................................... 255
Sec. 941.404 Completion of development. ............................................................. 255
Subpart E_Performance Review.................................................................................. 256
Sec. 941.501 HUD review of PHA performance; sanctions. .................................. 256
Subpart F_Public/Private Partnerships for the Mixed Finance Development of Public
Housing Units .............................................................................................................. 258
Sec. 941.600 Purpose. ............................................................................................. 258
Sec. 941.602 Applicability of other requirements. .................................................. 258
Sec. 941.604 Definitions. ........................................................................................ 259
Sec. 941.606 Proposal. ............................................................................................ 260
Sec. 941.608 Technical processing and approval. ................................................... 262
Sec. 941.610 Evidentiary materials and other documents. ...................................... 263
Sec. 941.612 Disbursement of grant funds. ............................................................. 265
Sec. 941.614 HUD monitoring and review. ............................................................ 267
Sec. 941.616 Sanctions. ........................................................................................... 267
24 CFR 943 Public Housing Agency Consortia And Joint Ventures ............................. 267
Sec. 943.100 What is the purpose of this part? ....................................................... 268
Subpart B_Consortia ................................................................................................... 268
Sec. 943.115 What programs are covered under this subpart? ............................... 268
Sec. 943.118 What is a consortium? ....................................................................... 268
Sec. 943.120 What programs of a PHA are included in a consortium's functions? 269
Sec. 943.122 How is a consortium organized? ....................................................... 269
Sec. 943.124 What elements must a consortium agreement contain? .................... 269
Sec. 943.126 What is the relationship between HUD and a consortium? ............... 270
Sec. 943.128 How does a consortium carry out planning and reporting functions?
................................................................................................................................. 270
Sec. 943.130 What are the responsibilities of participating PHAs? ........................ 270
Subpart C_Subsidiaries, Affiliates, Joint Ventures in Public Housing ....................... 271
Sec. 943.140 What programs and activities are covered by this subpart? .............. 271
Sec. 943.142 In what types of operating organizations may a PHA participate? ... 271
Sec. 943.144 What financial impact do operations of a subsidiary, affiliate, or joint
venture have on a PHA? .......................................................................................... 271
Sec. 943.146 What impact does the use of a subsidiary, affiliate, or joint venture
have on financial accountability to HUD and the Federal government? ................ 271
Sec. 943.148 What procurement standards apply to PHAs selecting partners for a
joint venture? ........................................................................................................... 271
Sec. 943.150 What procurement standards apply to a PHA's joint venture partner?
................................................................................................................................. 272
Sec. 943.151 What procurement standards apply to a joint venture itself? ............ 272
24 CFR 945 Designated Public Housing Disabled, Elderly............................................ 273
Sec. 945.101 Purpose. ............................................................................................. 273
Sec. 945.103 General policies. ................................................................................ 273
Sec. 945.105 Definitions. ........................................................................................ 274
Subpart B_Application and Approval Procedures ...................................................... 276
Sec. 945.201 Approval to designate housing. ......................................................... 276
Sec. 945.203 Allocation plan. ................................................................................. 276
Sec. 945.205 Designated housing for disabled families. ......................................... 280
Subpart C_Operating Designated Housing ................................................................. 282
Sec. 945.301 General requirements......................................................................... 282
Sec. 945.303 Requirements governing occupancy in designated housing. ............. 282
24 CFR 963 Contracting With Resident-Owned Businesses .......................................... 283
Sec. 963.1 Purpose. ................................................................................................. 283
Sec. 963.5 Definitions. ............................................................................................ 284
Subpart B_Contracting With Resident-Owned Businesses ........................................ 285
Sec. 963.10 Eligible resident-owned businesses. .................................................... 285
Sec. 963.12 Alternative procurement process. ........................................................ 285
24 CFR 964 (Section 320 only) Tenant Participation And Tenant Opportunities .......... 286

Sec. 964.320 HUD Policy on training, employment, contracting and subcontracting of
public housing residents. ............................................................................................. 286
24 CFR 965 PHA-Owned Or Leased Projects ................................................................ 287
Subpart A_Preemption of State Prevailing Wage Requirements ................................ 288
Sec. 965.101 Preemption of State prevailing wage requirements. .......................... 288
Subpart B_Required Insurance Coverage ................................................................... 289
Sec. 965.201 Purpose and applicability. .................................................................. 289
Sec. 965.205 Qualified PHA-owned insurance entity. ............................................ 289
Sec. 965.215 Lead-based paint liability insurance coverage. .................................. 291
Subpart C_Energy Audits and Energy Conservation Measures .................................. 292
Sec. 965.302 Requirements for energy audits. ........................................................ 293
Sec. 965.303 [Reserved] .......................................................................................... 293
Sec. 965.304 Order of funding. ............................................................................... 293
Sec. 965.305 Funding. ............................................................................................. 293
Sec. 965.306 Energy conservation equipment and practices. ................................. 293
Sec. 965.307 Compliance schedule. ........................................................................ 293
Sec. 965.308 Energy performance contracts. .......................................................... 293
Subpart D_Individual Metering of Utilities for Existing PHA-Owned Projects ......... 294
Sec. 965.401 Individually metered utilities. ............................................................ 294
Sec. 965.402 Benefit/cost analysis. ......................................................................... 294
Sec. 965.403 Funding. ............................................................................................. 294
Sec. 965.404 Order of conversion. .......................................................................... 294
Sec. 965.405 Actions affecting residents. ............................................................... 295
Sec. 965.406 Benefit/cost analysis for similar projects. .......................................... 295
Sec. 965.407 Reevaluations of mastermeter systems. ............................................. 295
Subpart E_Resident Allowances for Utilities .............................................................. 295
Sec. 965.501 Applicability. ..................................................................................... 296
Sec. 965.502 Establishment of utility allowances by PHAs. .................................. 296
Sec. 965.503 Categories for establishment of allowances. ..................................... 296
Sec. 965.504 Period for which allowances are established. .................................... 296
Sec. 965.505 Standards for allowances for utilities. ............................................... 297
Sec. 965.506 Surcharges for excess consumption of PHA-furnished utilities. ....... 297
Sec. 965.507 Review and revision of allowances. .................................................. 298
Sec. 965.508 Individual relief. ................................................................................ 298
Subpart F_Physical Condition Standards and Physical Inspection Requirements ...... 298
Sec. 965.601 Physical condition standards; physical inspection requirements. ...... 298
Subpart G [Reserved] .................................................................................................. 299
Subpart H_Lead-Based Paint Poisoning Prevention ................................................... 299
Sec. 965.701 Lead-based paint poisoning prevention. ............................................ 299
Subpart I_Fire Safety ................................................................................................... 299
Sec. 965.800 Applicability. ..................................................................................... 299
Sec. 965.805 Smoke detectors. ................................................................................ 299
24 CFR 968 Public Housing Modernization ................................................................... 300
Sec. 968.102 Special requirements for Turnkey III developments. ........................ 302
Sec. 968.103 Allocation of funds under section 14................................................. 302
Sec. 968.104 Reserve for emergencies and disasters. ............................................. 308
Sec. 968.105 Definitions. ........................................................................................ 309
Sec. 968.108 Displacement, relocation, and real property acquisition. .................. 310
Sec. 968.110 Other program requirements. ............................................................. 312
Sec. 968.112 Eligible costs. .................................................................................... 313
Sec. 968.115 Modernization and energy conservation standards. .......................... 317
Sec. 968.120 Force account..................................................................................... 317
Sec. 968.125 Initiation of modernization activities................................................. 317
Sec. 968.130 Fund requisitions. .............................................................................. 318
Sec. 968.135 Contracting requirements. ................................................................. 318
Sec. 968.140 On-site inspections. ........................................................................... 319
Sec. 968.145 Fiscal closeout. .................................................................................. 319
Subpart B_Comprehensive Improvement Assistance Program (For PHAs That Own or
Operate Fewer Than 250 Units) .................................................................................. 319
Sec. 968.205 Definitions. ........................................................................................ 319
Sec. 968.210 Procedures for obtaining approval of a modernization program. ...... 320
Sec. 968.215 Resident and homebuyer participation. ............................................. 321
Sec. 968.225 Budget revisions. ............................................................................... 321
Sec. 968.230 Progress reports. ................................................................................ 321
Sec. 968.235 Time extensions. ................................................................................ 321
Sec. 968.240 HUD review of PHA performance. ................................................... 322
Subpart C_Comprehensive Grant Program (for PHAs That Own or Operate 250 or
More Public Housing Units) ....................................................................................... 322
Sec. 968.305 Definitions. ........................................................................................ 322
Sec. 968.310 Determination of formula amount. .................................................... 323
Sec. 968.315 Comprehensive Plan (including five-year action plan). .................... 326
Sec. 968.320 HUD review and approval of comprehensive plan (including five-year
action plan). ............................................................................................................. 332
Sec. 968.325 Annual submission of activities and expenditures. ........................... 334
Sec. 968.330 PHA performance and evaluation report. .......................................... 337
Sec. 968.335 HUD review of PHA performance. ................................................... 337
Subpart D_Vacancy Reduction Program .................................................................... 339
Sec. 968.416 Fund requisitions. .............................................................................. 339
Sec. 968.419 Grantee's oversight responsibilities. .................................................. 340
Sec. 968.422 Progress reports and completion schedule. ....................................... 340
Sec. 968.425 HUD review of grantee performance. ............................................... 340
Sec. 968.428 Program closeout. .............................................................................. 341
Sec. 968.435 Other program requirements. ............................................................. 341
Completion Of Debt Service ........................................................................................... 342
Sec. 969.101 Purpose. ................................................................................................. 342
Sec. 969.103 Definitions. ............................................................................................ 342
Sec. 969.104 Continuing eligibility for operating subsidy.......................................... 343

Sec. 969.105 Extension of ACC upon payment of operating subsidy. ....................... 343
Sec. 969.106 ACC extension in absence of current operating subsidy. ...................... 344
Sec. 969.107 HUD approval of demolition or disposition before ACC expiration. ... 344
24 CFR 970 Demolition Or Disposition Of Public Housing ........................................... 345
Sec. 970.1 Purpose. ..................................................................................................... 345
Sec. 970.2 Applicability. ............................................................................................. 345
Sec. 970.3 Definitions. ................................................................................................ 346
Sec. 970.4 General requirements for HUD approval of applications for demolition or
disposition.................................................................................................................... 347
Sec. 970.5 Displacement and relocation...................................................................... 347
Sec. 970.6 Specific criteria for HUD approval of demolition requests. ...................... 350
Sec. 970.7 Specific criteria for HUD approval of disposition requests....................... 351
Sec. 970.8 PHA application for HUD approval. ......................................................... 351
Sec. 970.9 Disposition of property; use of proceeds. .................................................. 352
Sec. 970.10 Costs of demolition and relocation of displaced tenants. ........................ 353
Sec. 970.11 Replacement housing plan. ...................................................................... 353
Sec. 970.12 Required and permitted actions prior to approval. .................................. 357
Sec. 970.13 Resident organization opportunity to purchase. ...................................... 357
Sec. 970.14 Reports and records. ................................................................................ 361
24 CFR 971 Assessment Of Reasonable Revitalization Potential Public Housing......... 362
Sec. 971.1 Purpose. ..................................................................................................... 363
Sec. 971.3 Standards for identifying developments. ................................................... 363
Sec. 971.5 Long-term viability. ................................................................................... 364
Sec. 971.7 Plan for removal of units from public housing inventories. ...................... 365
Sec. 971.9 Tenant and local government consultation. ............................................... 366
Sec. 971.11 HOPE VI developments. ......................................................................... 366
Sec. 971.13 HUD enforcement authority. ................................................................... 366
24 CFR 972 Conversion Of Public Housing To Tenant-Based Assistance .................... 370
Subpart A_Required Conversion of Public Housing Developments .......................... 371
Sec. 972.100 Purpose. ............................................................................................. 371
Sec. 972.103 Definition of ``conversion.'' ............................................................... 371
Sec. 972.106 Procedure for required conversion of public housing developments to
tenant-based assistance. ........................................................................................... 372
Sec. 972.109 Conversion of developments. ............................................................ 372
Sec. 972.112 Relationship between required conversion and demolition/ .............. 372
Sec. 972.115 Relationship between required conversions and HOPE VI
developments. .......................................................................................................... 373
Sec. 972.118 Applicability of Uniform Relocation Act. ......................................... 373
Sec. 972.121 Developments subject to this subpart. ............................................... 373
Sec. 972.124 Standards for identifying public housing developments subject to
required conversion. ................................................................................................ 373
Sec. 972.127 Standards for determining whether a property is viable in the long
term. ......................................................................................................................... 374
Sec. 972.130 Conversion plan components. ............................................................ 375
Sec. 972.133 Public and resident consultation process for developing a conversion
plan. ......................................................................................................................... 377
Sec. 972.136 Timing of submission of conversion plans to HUD. ......................... 377
Sec. 972.139 HUD actions with respect to required conversions. .......................... 378
Subpart B_Voluntary Conversion of Public Housing Developments ......................... 378
Sec. 972.200 Purpose. ............................................................................................. 378
Sec. 972.203 Definition of ``conversion.'' ............................................................... 378
Sec. 972.206 Required initial assessments. ............................................................. 378
Sec. 972.209 Procedure for voluntary conversion of public housing developments to
tenant-based assistance. ........................................................................................... 379
Sec. 972.212 Timing of voluntary conversion. ....................................................... 379
Sec. 972.215 Applicability of the Uniform Relocation Act. ................................... 380
Sec. 972.218 Conversion assessment components.................................................. 380
Sec. 972.221 Timing of submission of conversion assessments to HUD. .............. 381
Sec. 972.224 Necessary conditions for HUD approval of conversion. ................... 381
Sec. 972.227 Public and resident consultation process for developing a conversion
plan. ......................................................................................................................... 382
Sec. 972.230 Conversion plan components. ........................................................... 382
Sec. 972.233 Timing of submission of conversion plans to HUD. ......................... 384
Sec. 972.236 HUD process for approving a conversion plan. ................................ 384
Sec. 972.239 HUD actions with respect to a conversion plan. ............................... 384
49 CFR 24 Uniform Relocation Assistance .................................................................... 385
Sec. 24.1 Purpose. ................................................................................................... 386
Sec. 24.2 Definitions. .............................................................................................. 387
Sec. 24.3 No duplication of payments..................................................................... 392
Sec. 24.4 Assurances, monitoring and corrective action. ........................................ 392
Sec. 24.5 Manner of notices. ................................................................................... 393
Sec. 24.6 Administration of jointly-funded projects. .............................................. 393
Sec. 24.7 Federal agency waiver of regulations. ..................................................... 393
Sec. 24.8 Compliance with other laws and regulations. .......................................... 394
Sec. 24.9 Recordkeeping and reports. ..................................................................... 394
Sec. 24.10 Appeals. ................................................................................................. 394
Subpart B_Real Property Acquisition ......................................................................... 395
Sec. 24.101 Applicability of acquisition requirements. .......................................... 395
Sec. 24.102 Basic acquisition policies. ................................................................... 396
Sec. 24.103 Criteria for appraisals. ......................................................................... 397
Sec. 24.104 Review of appraisals............................................................................ 399
Sec. 24.105 Acquisition of tenant-owned improvements. ...................................... 399
Sec. 24.106 Expenses incidental to transfer of title to the Agency. ........................ 399
Sec. 24.107 Certain litigation expenses. ................................................................. 400
Sec. 24.108 Donations. ............................................................................................ 400
Subpart C_General Relocation Requirements............................................................. 400
Sec. 24.201 Purpose. ............................................................................................... 400
Sec. 24.203 Relocation notices. .............................................................................. 400
Sec. 24.204 Availability of comparable replacement dwelling before displacement.
................................................................................................................................. 401

Sec. 24.205 Relocation planning, advisory services, and coordination. ................. 402
Sec. 24.206 Eviction for cause. ............................................................................... 403
Sec. 24.207 General requirements--claims for relocation payments. ...................... 404
Sec. 24.208 Aliens not lawfully present in the United States. ................................ 405
Sec. 24.209 Relocation payments not considered as income. ................................. 406
Subpart D_Payments for Moving and Related Expenses ............................................ 406
Sec. 24.301 Payment for actual reasonable moving and related expenses--residential
moves. ...................................................................................................................... 406
Sec. 24.305, as the Agency determines to be reasonable and necessary. ................ 407
Sec. 24.302 Fixed payment for moving expenses--residential moves. ................... 407
Sec. 24.303 Payment for actual reasonable moving and related expenses--
nonresidential moves. .............................................................................................. 407
Sec. 24.304 Reestablishment expenses--nonresidential moves. .............................. 409
Sec. 24.305 Ineligible moving and related expenses. .............................................. 410
Sec. 24.306 Fixed payment for moving expenses--nonresidential moves. ............. 410
Sec. 24.307 Discretionary utility relocation payments. ........................................... 411
Subpart E_Replacement Housing Payments ............................................................... 412
Sec. 24.401 Replacement housing payment for 180-day homeowner- ................... 412
Sec. 24.402 Replacement housing payment for 90-day occupants. ........................ 414
Sec. 24.403 Additional rules governing replacement housing payments. ............... 415
Sec. 24.404 Replacement housing of last resort. ..................................................... 417
Subpart F_Mobile Homes............................................................................................ 418
Sec. 24.502 Moving and related expenses--mobile homes. .................................... 418
Sec. 24.503 Replacement housing payment for 180-day mobile homeowner- ....... 419
Sec. 24.504 Replacement housing payment for 90-day mobile home occupants. .. 419
Sec. 24.505 Additional rules governing relocation payments to mobile home
occupants. ................................................................................................................ 419
Subpart G_Certification............................................................................................... 420
Sec. 24.601 Purpose. ............................................................................................... 420
Sec. 24.602 Certification application. ..................................................................... 420
Sec. 24.603 Monitoring and corrective action......................................................... 420
Subpart A--General ..................................................................................................... 421
Subpart B--Real Property Acquisition......................................................................... 423
Subpart C--General Relocation Requirements ............................................................ 424
Subpart D--Payment for Moving and Related Expenses ............................................. 424
Subpart E--Replacement Housing Payments............................................................... 425
Subpart F--Mobile Homes ........................................................................................... 427
Vol. 4A: PHA Modernization, Development, Maintenance & Relocation 31
24 CFR 8 (Part) Nondiscrimination Based On Handicap
8.26 Distribution of accessible dwelling
units.
8.27 Occupancy of accessible dwelling
units.
8.28 Housing certificate and housing
24 CFR 8 (Part) voucher programs.
Nondiscrimination Based 8.29 Homeownership programs
(sections 235(i) and 235(j), Turnkey III and
On Handicap Indian housing mutual self-help programs).
[Code of Federal Regulations] 8.30 Rental rehabilitation program.
[Title 24, Volume 1] 8.31 Historic properties.
[Revised as of April 1, 2004] 8.32 Accessibility standards.
From the U.S. Government Printing 8.33 Housing adjustments.
Office via GPO Access
[Page 132-154] Subpart D_Enforcement
TITLE 24--HOUSING AND URBAN 8.50 Assurances required.
DEVELOPMENT 8.51 Self-evaluation.
PART 8_NONDISCRIMINATION 8.52 Remedial and affirmative action.
BASED ON HANDICAP IN FEDERALLY 8.53 Designation of responsible
ASSISTED PROGRAMS AND employee and adoption of grievance
ACTIVITIES OF THE DEPARTMENT OF procedures.
HOUSING AND URBAN 8.54 Notice.
DEVELOPMENT 8.55 Compliance information.
8.56 Conduct of investigations.
Subpart A_General Provisions 8.57 Procedure for effecting
8.1 Purpose. compliance.
8.2 Applicability. 8.58 Hearings.
8.3 Definitions.
8.4 Discrimination prohibited. Authority: 29 U.S.C. 794; 42 U.S.C.
8.5 [Reserved] 3535(d) and 5309.
8.6 Communications. Source: 53 FR 20233, June 2, 1988,
unless otherwise noted.
Subpart B_Employment
8.10 General prohibitions against Subpart A_General
employment discrimination.
8.11 Reasonable accommodation. Provisions
{[[Page 133]]}
8.12 Employment criteria. Sec. 8.1 Purpose.
8.13 Preemployment inquiries. (a) The purpose of this part is to
effectuate section 504 of the Rehabilitation
Subpart C_Program Accessibility Act of 1973, as amended (29 U.S.C 794), to
8.20 General requirement concerning the end that no otherwise qualified
program accessibility. individual with handicaps in the United
8.21 Non-housing facilities. States shall, solely by reason of his or her
8.22 New construction--housing handicap, be excluded from the participation
facilities. in, be denied the benefits of, or be subjected
8.23 Alterations of existing housing to discrimination under any program or
facilities. activity receiving Federal financial
8.24 Existing housing programs. assistance from the Department of Housing
8.25 Public housing and multi-family and Urban Development. This part also
Indian housing. implements section 109 of the Housing and

Community Development Act of 1974, as the standards set forth in SEC. 8.32 is
amended (42 U.S.C. 5309). This part does accessible within the meaning of this
not effectuate section 504 as it applies to any paragraph. When a unit in an existing
program or activity conducted by the facility which is being made accessible as a
Department. Compliance with this part does result of alterations is intended {[[Page
not assure compliance with requirements for 134]]}
accessibility by physically-handicapped for use by a specific qualified
persons imposed under the Architectural individual with handicaps (e.g., a current
Barriers Act of 1968 (42 U.S.C. 4151-4157; occupant of such unit or of another unit
24 CFR part 40). under the control of the same recipient, or an
(b) The policies and standards for applicant on a waiting list), the unit will be
compliance established by this part are deemed accessible if it meets the
established in contemplation of, and with a requirements of applicable standards that
view to enforcement through, the address the particular disability or
Department's administration of programs or impairment of such person.
activities receiving Federal financial Accessible route means a continuous
assistance and the administrative procedures unobstructed path connecting accessible
described in subparts D and E (including, elements and spaces in a building or facility
without limitation, judicial enforcement that complies with the space and reach
under SEC. 8.57(a)). requirements of applicable standards
prescribed by SEC. 8.32. An accessible
Sec. 8.2 Applicability. route that serves only accessible units
This part applies to all applicants for, occupied by persons with hearing or vision
and recipients of, HUD assistance in the impairments need not comply with those
operation of programs or activities receiving requirements intended to effect accessibility
such assistance. Such assistance includes, for persons with mobility impairments.
but is not limited to, that which is listed in Adaptability means the ability of
appendix A of this part. certain elements of a dwelling unit, such as
kitchen counters, sinks, and grab bars, to be
added to, raised, lowered, or otherwise
Sec. 8.3 Definitions.
altered, to accommodate the needs of
As used in this part: persons with or without handicaps, or to
Accessible, when used with respect to accommodate the needs of persons with
the design, construction, or alteration of a different types or degrees of disability. For
facility or a portion of a facility other than example, in a unit adaptable for a hearing-
an individual dwelling unit, means that the impaired person, the wiring for visible
facility or portion of the facility when emergency alarms may be installed but the
designed, constructed or altered, can be alarms need not be installed until such time
approached, entered, and used by as the unit is made ready for occupancy by a
individuals with physical handicaps. The hearing-
phrase accessible to and usable by is impaired person.
synonomous with accessible. Alteration means any change in a
Accessible, when used with respect to facility or its permanent fixtures or
the design, construction, or alteration of an equipment. It includes, but is not limited to,
individual dwelling unit, means that the unit remodeling, renovation, rehabilitation,
is located on an accessible route and when reconstruction, changes or rearrangements in
designed, constructed, altered or adapted can structural parts and extraordinary repairs. It
be approached, entered, and used by does not include normal maintenance or
individuals with physical handicaps. A unit repairs, reroofing, interior decoration, or
that is on an accessible route and is changes to mechanical systems.
adaptable and otherwise in compliance with
Applicant for assistance means one section 108 of the Housing and Community
who submits an application, request, plan, or Development Act of 1974, as amended, but
statement required to be approved by a does not include assistance made available
Department official or by a primary through direct Federal procurement
recipient as a condition of eligibility for contracts or payments made under these
Federal financial assistance. An application contracts or any other contract of insurance
means such a request, plan or statement. or guaranty.
Auxiliary aids means services or Handicap means any condition or
devices that enable persons with impaired characteristic that renders a person an
sensory, manual, or speaking skills to have individual with handicaps.
an equal opportunity to participate in, and Historic preservation programs or
enjoy the benefits of, programs or activities activities means programs or activities
receiving Federal financial assistance. For receiving Federal financial assistance
example, auxiliary aids for persons with {[[Page 135]]}
impaired vision may include readers, that have preservation of historic
Brailled materials, audio recordings, and properties as a primary purpose.
other similar services and devices. Auxiliary Historic properties means those
aids for persons with impaired hearing may properties that are listed or are eligible for
include telephone handset amplifiers, listing in the National Register of Historic
telephones compatible with hearing aids, Places, or such properties designated as
telecommunication devices for deaf persons historic under a statute of the appropriate
(TDD's), interpreters, notetakers, written State or local government body.
materials, and other similar services and Individual with handicaps means any
devices. person who has a physical or mental
Department or HUD means the impairment that substantially limits one or
Department of Housing and Urban more major life activities; has a record of
Development. such an impairment; or is regarded as having
Facility means all or any portion of such an impairment. For purposes of
buildings, structures, equipment, roads, employment, this term does not include:
walks, parking lots, rolling stock or other Any individual who is an alcoholic or drug
real or personal property or interest in the abuser whose current use of alcohol or drugs
property. prevents the individual from performing the
Federal financial assistance means any duties of the job in question, or whose
assistance provided or otherwise made employment, by reason of current alcohol or
available by the Department through any drug abuse, would constitute a direct threat
grant, loan, contract or any other to property or the safety of others; or any
arrangement, in the form of: individual who has a currently contagious
(a) Funds; disease or infection and who, by reason of
(b) Services of Federal personnel; or such disease or infection, would constitute a
(c) Real or personal property or any direct threat to the health or safety of other
interest in or use of such property, including: individuals or who, by reason of the
(1) Transfers or leases of the property currently contagious disease or infection, is
for less than fair market value or for reduced unable to perform the duties of the job. For
consideration; and purposes of other programs and activities,
(2) Proceeds from a subsequent transfer the term does not include any individual
or lease of the property if the Federal share who is an alcoholic or drug abuser whose
of its fair market value is not returned to the current use of alcohol or drugs prevents the
Federal Government. individual from participating in the program
Federal financial assistance includes or activity in question, or whose
community development funds in the form participation, by reason of such current
of proceeds from loans guaranteed under alcohol or drug abuse, would constitute a

direct threat to property or the safety of Multifamily housing project means a
others. As used in this definition, the phrase: project containing five or more dwelling
(a) Physical or mental impairment units.
includes: Primary recipient means a person,
(1) Any physiological disorder or group, organization, State or local unit of
condition, cosmetic disfigurement, or government that is authorized or required to
anatomical loss affecting one or more of the extend Federal financial assistance to
following body systems: Neurological; another recipient for the purpose of carrying
musculoskeletal; special sense organs; out a program or activity.
respiratory, including speech organs; Program or activity means all of the
cardiovascular; reproductive; digestive; operations of:
genito-urinary; hemic and lymphatic; skin; (a)(1) A department, agency, special
and endocrine; or purpose district, or other instrumentality of a
(2) Any mental or psychological State or of a local government; or
disorder, such as mental retardation, organic (2) The entity of such State or local
brain syndrome, emotional or mental illness, government that distributes such assistance
and specific learning disabilities. The term and each such department or agency (and
physical or mental impairment includes, but each other State or local {[[Page 136]]}
is not limited to, such diseases and government entity) to which the
conditions as orthopedic, visual, speech and assistance is extended, in the case of
hearing impairments, cerebral palsy, autism, assistance to a State or local government;
epilepsy, muscular dystrophy, multiple (b)(1) A college, university, or other
sclerosis, cancer, heart disease, diabetes, post-secondary institution, or a public
mental retardation, emotional illness, drug system of higher education; or
addiction and alcoholism. (2) A local educational agency (as
(b) Major life activities means defined in section 198(a)(10) of the
functions such as caring for one's self, Elementary and Secondary Education Act of
performing manual tasks, walking, seeing, 1965), system of vocational education, or
hearing, speaking, breathing, learning and other school system;
working. (c)(1) An entire corporation,
(c) Has a record of such an impairment partnership, or other private organization, or
means has a history of, or has been an entire sole proprietorship--
misclassified as having, a mental or physical (i) If assistance is extended to such
impairment that substantially limits one or corporation, partnership, private
more major life activities. organization, or sole proprietorship as a
(d) Is regarded as having an impairment whole; or
means: (ii) Which is principally engaged in the
(1) Has a physical or mental business of providing education, health care,
impairment that does not substantially limit housing, social services, or parks and
one or more major life activities but that is recreation; or
treated by a recipient as constituting such a (2) The entire plant or other
limitation; comparable, geographically separate facility
(2) Has a physical or mental to which Federal financial assistance is
impairment that substantially limits one or extended, in the case of any other
more major life activities only as a result of corporation, partnership, private
the attitudes of others toward such organization, or sole proprietorship; or
impairment; or (d) Any other entity which is
(3) Has none of the impairments established by two or more of the entities
defined in paragraph (a) of this section but is described in paragraphs (a), (b), or (c) of this
treated by a recipient as having such an section;
impairment.
any part of which is extended Federal occupancy in a project where such
financial assistance. supportive services are provided by the
Project means the whole of one or more recipient as part of the assisted program. The
residential structures and appurtenant person may not be qualified for a project
structures, equipment, roads, walks, and lacking such services.
parking lots which are covered by a single Recipient means any State or its
contract for Federal financial assistance or political subdivision, any instrumentality of
application for assistance, or are treated as a a State or its political subdivision, any
whole for processing purposes, whether or public or private agency, institution,
not located on a common site. organization, or other entity, or any person
Qualified individual with handicaps to which Federal financial assistance is
means: extended for any program or activity directly
(a) With respect to employment, an or through another recipient, including any
individual with handicaps who, with successor, assignee, or transferee of a
reasonable accommodation, can perform the recipient, but excluding the ultimate
essential functions of the job in question; beneficiary of the assistance. An entity or
and person receiving housing assistance
(b) With respect to any non- payments from a recipient on behalf of
employment program or activity which eligible families under a housing assistance
requires a person to perform services or to payments program or a voucher program is
achieve a level of accomplishment, an not a recipient or subrecipient merely by
individual with handicaps who meets the virtue of receipt of such payments.
essential eligibility requirements and who Replacement cost of the completed
can achieve the purpose of the program or facility means the current cost of
activity without modifications in the construction and equipment for a newly
program or activity that the recipient can constructed housing facility of the size and
demonstrate would result in a fundamental type being altered. Construction and
alteration in its nature; or equipment costs do not include the {[[Page
(c) With respect to any other non- 137]]}
employment program or activity, an cost of land, demolition, site
individual with handicaps who meets the improvements, non-dwelling facilities and
essential eligibility requirements for administrative costs for project development
participation in, or receipt of benefits from, activities.
that program or activity. Essential eligibility Secretary means the Secretary of
requirements include stated eligibility Housing and Urban Development.
requirements such as income as well as Section 504 means section 504 of the
other explicit or implicit requirements Rehabilitation Act of 1973, as amended, 29
inherent in the nature of the program or U.S.C. 794, as it applies to programs or
activity, such as requirements that an activities receiving Federal financial
occupant of multifamily housing be capable assistance.
of meeting the recipient's selection criteria Substantial impairment means a
and be capable of complying with all significant loss of the integrity of finished
obligations of occupancy with or without materials, design quality, or special
supportive services provided by persons character resulting from a permanent
other than the recipient. For example, a alteration.
chronically metally ill person whose [53 FR 20233, June 2, 1988; 54 FR
particular condition poses a significant risk 8188, Feb. 27, 1989]
of substantial interference with the safety or
enjoyment of others or with his or her own
health or safety in the absence of necessary
supportive services may be qualified for

Subpart C_Program (ii) In the case of historic preservation

programs or activities, require the recipient
Accessibility to take any action that would result in a
substantial impairment of significant historic
Sec. 8.20 General requirement features of an historic property; or
concerning program (iii) Require a recipient to take any
accessibility. action that it can demonstrate would result
Except as otherwise provided in SEC. in a fundamental alteration in the nature of
Sec. 8.21(c)(1), 8.24(a), 8.25, and 8.31, no its program or activity or in undue financial
qualified individual with handicaps shall, and administrative burdens. If an action
because a recipient's facilities are would result in such an alteration or such
inaccessible to or unusable by individuals burdens, the recipient shall take any action
with handicaps, be denied the benefits of, be that would not result in such an alteration or
excluded from participation in, or otherwise such burdens but would nevertheless ensure
be subjected to {[[Page 141]]} that individuals with handicaps receive the
discrimination under any program or benefits and services of the program or
activity that receives Federal financial activity.
assistance. (2) Methods--(i) General. A recipient
may comply with the requirements of this
Sec. 8.21 Non-housing section in its programs and activities
receiving Federal financial assistance
facilities. through such means as location of programs
(a) New construction. New non- or services to accessible facilities or
housing facilities shall be designed and accessible portions of facilities, assignment
constructed to be readily accessible to and of aides to beneficiaries, home visits, the
usable by individuals with handicaps. addition or redesign of equipment (e.g.,
(b) Alterations to facilities. Alterations appliances or furnishings) changes in
to existing non-housing facilities shall, to management policies or procedures,
the maximum extent feasible, be made to be acquisition or construction of additional
readily accessible to and usable by facilities, or alterations to existing facilities
individuals with handicaps. For purposes of on a selective basis, or any other methods
this paragraph, the phrase to the maximum that result in making its program or activity
extent feasible shall not be interpreted as accessible to individuals with handicaps. A
requiring that a recipient make a nonrecipient is not required to make structural
housing facility, or element thereof, changes in existing facilities where other
accessible if doing so would impose undue methods are effective in achieving
financial and administrative burdens on the compliance with this section. In choosing
operation of the recipient's program or among available methods for meeting the
activity. requirements of this section, the recipient
(c) Existing non-housing facilities--(1) shall give priority to those methods that
General. A recipient shall operate each non- offer programs and activities to qualified
housing program or activity receiving individuals with handicaps in the most
Federal financial assistance so that the integrated setting appropriate.
program or activity, when viewed in its (ii) Historic preservation programs or
entirety, is readily accessible to and usable activities. In meeting the requirements of
by individuals with handicaps. This SEC. 8.21(c) in historic preservation
paragraph does not-- programs or activities, a recipient shall give
(i) Necessarily require a recipient to priority to methods that provide physical
make each of its existing non-housing access to individuals with handicaps. In
facilities accessible to and usable by cases where a physical alteration to an
individuals with handicaps; historic property is not required because of
SEC. 8.21(c)(1)(ii) or (iii), alternative (Approved by the Office of
methods of achieving program accessibility Management and Budget under control
include using audio-visual materials and number 2529-0034)
devices to depict those portions of an [53 FR 20233, June 2, 1988; 53 FR
historic property that cannot otherwise be 28115, July 26, 1988, as amended at 54 FR
made accessible; assigning persons to guide 37645, Sept. 12, 1989]
individuals with handicaps into or through
portions of historic properties that cannot Sec. 8.22 New construction--
otherwise be made accessible; or adopting housing facilities.
other innovative methods.
(a) New multifamily housing projects
(3) Time period for compliance. The
(including public housing and Indian
recipient shall comply with the obligations
housing projects as required by SEC. 8.25)
established under this section within sixty
shall be designed and constructed to be
days of July 11, 1988, except that where
readily accessible to and usable by
structural changes in facilities are
individuals with handicaps.
undertaken, such changes shall be made
(b) Subject to paragraph (c) of this
within three years of July 11, 1988, but in
section, a minimum of five percent of the
any event as expeditiously as possible.
total dwelling units or at least one unit in a
(4) Transition plan. If structural
multifamily housing project, whichever is
changes to non-housing facilities will be
greater, shall be made accessible for persons
undertaken to achieve program accessibility,
with mobility impairments. A unit that is on
a recipient shall develop, within six months
an accessible route and is adaptable and
of July 11, 1988, a transition plan setting
otherwise in compliance with the standards
forth the steps necessary to complete such
set forth in SEC. 8.32 is accessible for
changes. {[[Page 142]]}
purposes of this section. An additional two
The plan shall be developed with the
percent of the units (but not less than one
assistance of interested persons, including
unit) in such a project shall be accessible for
individuals with handicaps or organizations
persons with hearing or vision impairments.
representing individuals with handicaps. A
(c) HUD may prescribe a higher
copy of the transition plan shall be made
percentage or number than that prescribed in
available for public inspection. The plan
paragraph (b) of this section for any area
shall, at a minimum--
upon request therefor by any affected
(i) Identify physical obstacles in the
recipient or by any State or local
recipient's facilities that limit the
government or agency thereof based upon
accessibility of its programs or activities to
demonstration to the reasonable satisfaction
individuals with handicaps;
of HUD of a need for a higher percentage or
(ii) Describe in details the methods that
number, based on census data or other
will be used to make the facilities
available current data (including a currently
accessible;
effective Housing Assistance Plan or
(iii) Specify the schedule for taking the
Comprehensive Homeless Assistance Plan),
steps necessary to achieve compliance with
or in response to evidence of a need for a
this section and, if the time period of the
higher percentage or number received in any
transition plan is longer than one year,
other manner. In reviewing such request or
identify steps that will be taken during each
otherwise assessing the existence of such
year of the transition period;
needs, HUD shall take into account the
(iv) Indicate the official responsible for
expected needs of eligible persons with and
implementation of the plan; and
without handicaps.
(v) Identify the persons or groups with
[53 FR 20233, June 2, 1988, as
whose assistance the plan was prepared.
amended at 56 FR 920, Jan. 9, 1991]

Sec. 8.23 Alterations of existing available current data (including a currently
housing facilities. effective Housing Assistance Plan or
Comprehensive Homeless Assistance Plan),
(a) Substantial alteration. If alterations or in response to evidence of a need for a
are undertaken to a project (including a higher percentage or number received in any
public housing project as required by SEC. other manner. In reviewing such request or
8.25(a)(2)) that has 15 or more units and the otherwise assessing the existence of such
cost of the alterations is 75 percent or more needs, HUD shall take into account the
of the replacement cost of the completed expected needs of eligible persons with and
facility, then the provisions of SEC. 8.22 without handicaps.
shall apply.
(b) Other alterations. (1) Subject to
paragraph (b)(2) of this section, alterations
Sec. 8.24 Existing housing
to dwelling units in a multifamily housing programs.
project (including public housing) shall, to (a) General. A recipient shall operate
the maximum extent feasible, be made to be each existing housing program or activity
readily accessible to and usable by receiving Federal financial assistance so that
individuals with handicaps. If alterations of the program or activity, when viewed in its
single elements or spaces of a dwelling unit, entirety, is readily accessible to and usable
when considered together, amount to an by individuals with handicaps. This
alteration of a dwelling unit, the entire paragraph does not--
dwelling unit shall be made accessible. Once (1) Necessarily require a recipient to
five percent of the dwelling units in a project make each of its existing facilities accessible
are readily accessible to and usable by to and usable by individuals with handicaps;
individuals with mobility impairments, then (2) Require a recipient to take any
no additional elements of dwelling units, or action that it can demonstrate would result
entire dwelling units, are required to be in a fundamental alteration in the nature of
accessible under this paragraph. Alterations its program or activity or in undue financial
to common areas or parts of facilities that and administrative burdens. If an action
affect accessibility of existing housing would result in such an alteration or such
facilities shall, to the maximum extent burdens, the recipient shall take any action
feasible, be made to be accessible to and that would not result in such an alteration or
usable by individuals with handicaps. For such burdens but would nevertheless ensure
purposes of {[[Page 143]]} that individuals with handicaps receive the
this paragraph, the phrase to the benefits and services of the program or
maximum extent feasible shall not be activity.
interpreted as requiring that a recipient (b) Methods. A recipient may comply
(including a PHA) make a dwelling unit, with the requirements of this section through
common area, facility or element thereof such means as reassignment of services to
accessible if doing so would impose undue accessible buildings, assignment of aides to
financial and administrative burdens on the beneficiaries, provision of housing or related
operation of the multifamily housing project. services at alternate accessible sites,
(2) HUD may prescribe a higher alteration of existing facilities and
percentage or number than that prescribed in construction of new facilities, or any other
paragraph (b)(1) of this section for any area methods that result in making its programs
upon request therefor by any affected or activities readily accessible to and usable
recipient or by any State or local by individuals with handicaps. A recipient is
government or agency thereof based upon not required to make structural changes in
demonstration to the reasonable satisfaction existing housing facilities where other
of HUD of a need for a higher percentage or methods are effective in achieving
number, based on census data or other compliance with this section or to provide
supportive services that are not part of the (4) Indicate the official responsible for
program. In choosing among available implementation of the plan; and
methods for meeting the requirements of this (5) Identify the persons or groups with
section, the recipient shall give priority to whose assistance the plan was prepared.
those methods that offer programs and (Approved by the Office of
activities to qualified individuals with Management and Budget under control
handicaps in the most integrated setting number 2529-0034)
appropriate. [53 FR 20233, June 2, 1988; 53 FR
(c) Time period for compliance. The 28115, July 26, 1988, as amended at 54 FR
recipient shall comply with the obligations 37645, Sept. 12, 1989]
established under this section within sixty
days of July 11, 1988 except that-- Sec. 8.25 Public housing and
(1) In a public housing program where multi-family Indian housing.
(a) Development and alteration of
public housing and multi-family Indian
within the timeframes established in SEC.
housing. (1) The requirements of SEC. 8.22
8.25(c).
shall apply to all newly constructed public
(2) In other housing programs, where
housing and multi-family Indian housing.
(2) The requirements of SEC. 8.23 shall
apply to public housing and multi-family
within three years of July 11, 1988, but in
Indian housing developed through
any event as expeditiously as possible.
rehabilitation and to the alteration of public
(d) Transition plan and time period for
housing and multi-family Indian housing.
structural changes. Except as provided in
(3) In developing public housing and
SEC. 8.25(c), in the event that structural
multi-family Indian housing through the
changes to facilities will be undertaken to
purchase of existing properties PHAs and
achieve program accessibility, a recipient
IHAs shall give priority to facilities which
shall develop, within six months of July 11,
are readily accessible to and usable by
1988, a transition plan setting forth the steps
individuals with handicaps.
necessary to complete such changes. The
(b) Existing public housing and multi-
plan shall be developed with the assistance
family Indian housing--
of interested persons, including individuals
general. The requirements of SEC.
with handicaps or organizations representing
8.24(a) shall apply to public housing and
individuals with handicaps. A copy of the
multi-family Indian housing programs.
transition plan shall be made available for
(c) Existing public housing and multi-
public inspection. The plan shall, at a
family Indian housing--needs assessment
minimum-- {[[Page 144]]}
and transition plan. As soon as possible,
(1) Identify physical obstacles in the
each PHA (for the purpose of this paragraph,
recipient's facilities that limit the
this includes an Indian Housing Authority)
accessibility of its programs or activities to
shall assess, on a PHA-wide basis, the needs
individuals with handicaps;
of current tenants and applicants on its
(2) Describe in detail the methods that
waiting list for accessible units and the
will be used to make the facilities
extent to which such needs have not been
accessible;
met or cannot reasonably be met within four
(3) Specify the schedule for taking the
years through development, alterations
steps necessary to achieve compliance with
otherwise contemplated, or other programs
this section and, if the time period of the
administered by the PHA (e.g., Section 8
transition plan is longer than one year,
Moderate Rehabilitation or Section 8
identify steps that will be taken during each
Existing Housing or Housing Vouchers). If
year of the transition period;
the PHA currently has no accessible units or

if the PHA or HUD determines that persons including individuals with
information regarding the availability of handicaps or organizations representing
accessible units has not been communicated individuals with handicaps. A copy of the
sufficiently so that, as a result, the number needs assessment and transition plan shall be
of eligible qualified individuals with made available for public inspection. The
handicaps on the waiting list is not fairly transition plan shall, at a minimum--
representative of the number of such persons (1) Identify physical obstacles in the
in the area, the PHA's assessment shall PHA's facilities (e.g., dwelling units and
include the needs of eligible qualified common areas) that limit the accessibility of
individuals with handicaps in the area. If the its programs or activities to individuals with
PHA determines, on the basis of such handicaps;
assessment, that there is no need for (2) Describe in detail the methods that
additional accessible dwelling units or that will be used to make the PHA's facilities
the need is being or will be met within four accessible. A PHA may, if necessary,
years through other means, such as new provide in its plan that it will seek HUD
construction, Section 8 or alterations approval, under 24 CFR part 968, of a
otherwise contemplated, no further action is comprehensive modernization program to
required by the PHA under this paragraph. If meet the needs of eligible individuals with
the PHA determines, on the basis of its handicaps;
needs assessment, that alterations to make (3) Specify the schedule for taking the
additional units accessible must be made so steps necessary to achieve compliance with
that the needs of eligible qualified this section and, if the time of the transition
individuals with handicaps may be plan is longer than one year, identify steps
accommodated proportionally to the needs that will be taken during each year of the
of non-handicapped individuals in the same transition period;
categories, then the PHA shall develop a (4) Indicate the official responsible for
transition plan to achieve program implementation of the plan; and
accessibility. The PHA shall complete the (5) Identify the persons or groups with
needs assessment and transition plan, if one whose assistance the plan was prepared.
is necessary, as expeditiously as possible, (Approved by the Office of
but in any event no later than two years after Management and Budget under control
July 11, 1988. The PHA shall complete number 2529-0034)
structural changes necessary to achieve [53 FR 20233, June 2, 1988, as
program accessibility as soon as possible but amended at 54 FR 37645, Sept. 12, 1989; 56
in any event no later than four years after FR 920, Jan. 9, 1991]
July 11, 1988. The Assistant Secretary for
Fair Housing and Equal Opportunity and the Sec. 8.26 Distribution of
Assistant Secretary for Public and Indian accessible dwelling units.
Housing may extend the four year period for
Accessible dwelling units required by
a period not to exceed two years, on a case-
SEC. 8.22, 8.23, 8.24 or 8.25 shall, to the
by-case determination that compliance
maximum extent feasible and subject to
within that period would impose undue
reasonable health and safety requirements,
financial and administrative burdens on the
be distributed throughout projects and sites
operation of the recipient's public housing
and shall be available in a sufficient range of
and multi-family Indian housing program.
sizes and amenities so that a qualified
{[[Page 145]]}
individual with handicaps' choice of living
The Secretary or the Undersecretary
arrangements is, as a whole, comparable to
may further extend this time period in
that of other persons eligible for housing
extraordinary circumstances, for a period not
assistance under the same program. This
to exceed one year. The plan shall be
provision shall not be construed to require
developed with the assistance of interested
provision of an elevator in any multifamily (1) In providing notice of the
housing project solely for the purpose of availability and nature of housing assistance
permitting location of accessible units above for low-income families under program
or below the accessible grade level. requirements, adopt suitable means to assure
that the notice reaches eligible individuals
Sec. 8.27 Occupancy of with handicaps; {[[Page 146]]}
accessible dwelling units. (2) In its activities to encourage
participation by owners, include
(a) Owners and managers of
encouragement of participation by owners
multifamily housing projects having
having accessible units;
accessible units shall adopt suitable means
(3) When issuing a Housing Certificate
to assure that information regarding the
or Housing Voucher to a family which
availability of accessible units reaches
includes an individual with handicaps
eligible individuals with handicaps, and
include a current listing of available
shall take reasonable nondiscriminatory
accessible units known to the PHA and, if
steps to maximize the utilization of such
necessary, otherwise assist the family in
units by eligible individuals whose disability
locating an available accessible dwelling
requires the accessibility features of the
unit;
particular unit. To this end, when an
(4) Take into account the special
accessible unit becomes vacant, the owner
problem of ability to locate an accessible
or manager before offering such units to a
unit when considering requests by eligible
non-handicapped applicant shall offer such
individuals with handicaps for extensions of
unit:
Housing Certificates or Housing Vouchers;
(1) First, to a current occupant of
and
another unit of the same project, or
(5) If necessary as a reasonable
comparable projects under common control,
accommodation for a person with
having handicaps requiring the accessibility
disabilities, approve a family request for an
features of the vacant unit and occupying a
exception rent under SEC. 982.504(b)(2) for
unit not having such features, or, if no such
a regular tenancy under the Section 8
occupant exists, then
certificate program so that the program is
(2) Second, to an eligible qualified
readily accessible to and usable by persons
applicant on the waiting list having a
with disabilities.
handicap requiring the accessibility features
(b) In order to ensure that participating
of the vacant unit.
owners do not discriminate in the recipient's
(b) When offering an accessible unit to
federally assisted program, a recipient shall
an applicant not having handicaps requiring
enter into a HUD-approved contract with
the accessibility features of the unit, the
participating owners, which contract shall
owner or manager may require the applicant
include necessary assurances of
to agree (and may incorporate this
nondiscrimination.
agreement in the lease) to move to a non-
[53 FR 20233, June 2, 1988, as
accessible unit when available.
amended at 63 FR 23853, Apr. 30, 1998]
Sec. 8.28 Housing certificate Sec. 8.29 Homeownership
and housing voucher programs (sections 235(i) and
programs. 235(j), Turnkey III and Indian
(a) In carrying out the requirements of housing mutual self-help
this subpart, a recipient administering a
Section 8 Existing Housing Certificate
programs).
program or a housing voucher program Any housing units newly constructed or
shall: rehabilitated for purchase or single family
(including semi-attached and attached) units

to be constructed or rehabilitated in a provided if such accessibility would
program or activity receiving Federal substantially impair the significant historic
financial assistance shall be made accessible features of the property or result in undue
upon request of the prospective buyer if the financial and administrative burdens.
nature of the handicap of an expected
occupant so requires. In such case, the buyer Sec. 8.32 Accessibility
shall consult with the seller or standards.
builder/sponsor regarding the specific design
(a) Effective as of July 11, 1988,
features to be provided. If accessibility
design, construction, or alteration of
features selected at the option of the
buildings in conformance with sections 3-8
homebuyer are ones covered by the
of the Uniform Federal Accessibility
standards prescribed by SEC. 8.32, those
Standards (UFAS) shall be deemed to
features shall comply with the standards
comply with the requirements of SEC. Sec.
prescribed in SEC. 8.32. The buyer shall be
8.21, 8.22, 8.23, and 8.25 with respect to
permitted to depart from particular
those buildings. Departures from particular
specifications of these standards in order to
technical and scoping requirements of the
accommodate his or her specific handicap.
UFAS by the use of other methods are
The cost of making a facility accessible
permitted where substantially equivalent or
under this paragraph may be included in the
greater access to and usability of the
mortgage amount within the allowable
building is {[[Page 147]]}
mortgage limits, where applicable. To the
provided. The alteration of housing
extent such costs exceed allowable mortgage
facilities shall also be in conformance with
limits, they may be passed on to the
additional scoping requirements contained in
prospective homebuyer, subject to
this part. Persons interested in obtaining a
maximum sales price limitations (see 24
copy of the UFAS are directed to SEC. 40.7
CFR 235.320.)
of this title.
(b) For purposes of this section, section
Sec. 8.30 Rental rehabilitation 4.1.6(1)(g) of UFAS shall be interpreted to
program. exempt from the requirements of UFAS only
Each grantee or state recipient in the mechanical rooms and other spaces that,
rental rehabilitation program shall, subject to because of their intended use, will not
the priority in 24 CFR 511.10(l) and in require accessibility to the public or
accordance with other requirements in 24 beneficiaries or result in the employment or
CFR part 511, give priority to the selection residence therein of individuals with
of projects that will result in dwelling units physical handicaps.
being made readily accessible to and usable (c) This section does not require
by individuals with handicaps. recipients to make building alterations that
[53 FR 20233, June 2, 1988; 53 FR have little likelihood of being accomplished
28115, July 26, 1988] without removing or altering a load-bearing
structural member.
Sec. 8.31 Historic properties. (d) For purposes of this section, section
If historic properties become subject to 4.1.4(11) of UFAS may not be used to waive
alterations to which this part applies the or lower the minimum of five percent
requirements of SEC. 4.1.7 of the standards accessible units required by SEC. 8.22(b) or
of SEC. 8.32 of this part shall apply, except to apply the minimum only to projects of 15
in the case of the Urban Development or more dwelling units.
Action Grant (UDAG) program. In the (e) Except as otherwise provided in this
UDAG program the requirements of 36 CFR paragraph, the provisions of SEC. Sec. 8.21
part 801 shall apply. Accessibility to historic (a) and (b), 8.22 (a) and (b), 8.23, 8.25(a) (1)
properties subject to alterations need not be and (2), and 8.29 shall apply to facilities that
are designed, constructed or altered after activity to which this part applies shall
July 11, 1988. If the design of a facility was submit an assurance to HUD, or in the case
commenced before July 11, 1988, the of a subrecipient to a primary recipient, on a
provisions shall be followed to the form specified by the responsible civil rights
maximum extent practicable, as determined official, that the program or activity will be
by the Department. For purposes of this operated in compliance with this part. An
paragraph, the date a facility is constructed applicant may incorporate these assurances
or altered shall be deemed to be the date by reference in subsequent applications to
bids for the construction or alteration of the the Department.
facility are solicited. For purposes of the (b) Duration of obligation. (1) In the
Urban Development Action Grant (UDAG) case of Federal financial assistance extended
program, the provisions shall apply to the in the form of real property or to provide
construction or alteration of facilities that real property or structures on the property,
are funded under applications submitted the assurance will obligate the recipient or,
after July 11, 1988. If the UDAG application in the case of a subsequent transfer, the
was submitted before July 11, 1988, the transferee, for the period during which the
provisions shall apply, to the maximum real property or structures are used for the
extent practicable, as determined by the purpose for which Federal financial
Department. assistance is extended or for another purpose
[53 FR 20233, June 2, 1988, as involving the provision of similar services or
amended at 61 FR 5203, Feb. 9, 1996] benefits.
(2) In the case of Federal financial
Sec. 8.33 Housing adjustments. assistance extended to provide personal
A recipient shall modify its housing property, the assurance will obligate the
policies and practices to ensure that these recipient for the period during which it
policies and practices do not discriminate, retains ownership or possession of the
on the basis of handicap, against a qualified property. {[[Page 148]]}
individual with handicaps. The recipient (3) In all other cases the assurance will
may not impose upon individuals with obligate the recipient for the period during
handicaps other policies, such as the which Federal financial assistance is
prohibition of assistive devices, auxiliary extended.
alarms, or guides in housing facilities, that (c) Covenants. (1) Where Federal
have the effect of limiting the participation financial assistance is provided in the form
of tenants with handicaps in the recipient's of real property or interest in the property
federally assisted housing program or from the Department, the instrument
activity in violation of this part. Housing effecting or recording this transfer shall
policies that the recipient can demonstrate contain a covenant running with the land to
are essential to the housing program or assure nondiscrimination for the period
activity will not be regarded as during which the real property is used for a
discriminatory within the meaning of this purpose for which the Federal financial
section if modifications to them would result assistance is extended or for another purpose
in a fundamental alteration in the nature of involving the provision of similar services or
the program or activity or undue financial benefits.
and administrative burdens. (2) Where no transfer of property is
involved but property is purchased or
improved with Federal financial assistance,
Subpart D_Enforcement the recipient shall agree to include the
covenant described in paragraph (b)(2) of
Sec. 8.50 Assurances required. this section in the instrument effecting or
(a) Assurances. An applicant for recording any subsequent transfer of the
Federal financial assistance for a program or property.

(3) Where Federal financial assistance
is provided in the form of real property or
interest in the property from the Department,
the covenant shall also include a condition
coupled with a right to be reserved by the
24 CFR 35 Lead-Based
Department to revert title to the property in Paint Poisoning
the event of a breach of the covenant. If a Prevention
transferee of real property proposes to
mortgage or otherwise encumber the real [Code of Federal Regulations]
property as security for financing [Title 24, Volume 1]
construction of new, or improvement of [Revised as of April 1, 2004]
existing, facilities on the property for the From the U.S. Government Printing
purposes for which the property was Office via GPO Access
transferred, the Secretary may, upon request [Page 313-358]
of the transferee and if necessary to TITLE 24--HOUSING AND URBAN
accomplish such financing and upon such DEVELOPMENT
conditions as he or she deems appropriate, PART 35_LEAD-BASED PAINT
agree to forbear the exercise of such right to POISONING PREVENTION IN CERTAIN
revert title for so long as the lien of such RESIDENTIAL STRUCTURES
mortgage or other encumbrance remains
effective. Subpart A_Disclosure of Known Lead-
Based Paint Hazards Upon Sale or Lease of
Residential Property
35.80 Purpose.
35.82 Scope and applicability.
35.84 Effective dates.
35.86 Definitions.
35.88 Disclosure requirements for
sellers and lessors.
35.90 Opportunity to conduct an
evaluation.
35.92 Certification and
acknowledgment of disclosure.
35.94 Agent responsibilities.
35.96 Enforcement.
35.98 Impact on State and local
requirements.
Subpart B_General Lead-Based Paint

Requirements and Definitions for All
Programs
35.100 Purpose and applicability.
35.105 Effective dates.
35.106 Information collection
requirements.
35.110 Definitions.
35.115 Exemptions.
35.120 Options.
35.125 Notice of evaluation and hazard
reduction activities.
24 CFR 35 Lead-Based Paint Poisoning Prevention
35.130 Lead hazard information Subpart G_Multifamily Mortgage
pamphlet. Insurance
35.135 Use of paint containing lead. 35.600 Purpose and applicability.
35.140 Prohibited methods of paint 35.605 Definitions and other general
removal. requirements.
35.145 Compliance with Federal laws 35.610 Exemption.
and authorities. 35.615 Notices and pamphlet.
35.150 Compliance with other State, 35.620 Multifamily insured property
tribal, and local laws. constructed before 1960.
35.155 Minimum requirements. 35.625 Multifamily Insured Property
35.160 Waivers. constructed after 1959 and before 1978.
35.165 Prior evaluation or hazard 35.630 Conversions and Major
reduction. Rehabilitations. {[[Page 314]]}
35.170 Noncompliance with the
requirements of subparts B through R. Subpart H_Project-Based Rental
35.175 Records. Assistance
35.700 Purpose and applicability.
Subpart C_Disposition of Residential 35.705 Definitions and other general
Property Owned by a Federal Agency Other requirements.
Than HUD 35.710 Notices and pamphlet.
35.200 Purpose and applicability. 35.715 Multifamily properties
35.205 Definitions and other general receiving more than $5,000 per unit.
requirements. 35.720 Multifamily properties
35.210 Disposition of residential receiving up to $5,000 per unit, and single-
property constructed before 1960. family properties.
35.215 Disposition of residential 35.725 Section 8 rent adjustments.
property constructed after 1959 and before 35.730 Child with an environmental
1978. intervention blood lead level.
Subpart D_Project-Based Assistance Subpart I_HUD-Owned and

Provided by a Federal Agency Other Than Mortgagee-in-Possession Multifamily
HUD Property.
35.300 Purpose and applicability. 35.800 Purpose and applicability.
35.305 Definitions and other general 35.805 Definitions and other general
requirements. requirements.
35.310 Notices and pamphlet. 35.810 Notices and pamphlet.
35.315 Risk assessments. 35.815 Evaluation.
35.320 Hazard reduction. 35.820 Interim controls.
35.325 Child with an environmental 35.825 Ongoing lead-based paint
intervention blood lead level. maintenance and reevaluation.
35.830 Child with an environmental
Subpart E [Reserved] intervention blood lead level.
Subpart F_HUD-Owned Single Family Subpart J_Rehabilitation

Property 35.900 Purpose and applicability.
35.500 Purpose and applicability. 35.905 Definitions and other general
35.505 Definitions and other general requirements.
requirements. 35.910 Notices and pamphlet.
35.510 Required procedures. 35.915 Calculating rehabilitation costs,
except for the CILP program.

35.920 Calculating rehabilitation costs
for the Flexible-Subsidy--CILP Program. Subpart R_Methods and Standards for
35.925 Examples of determining Lead-Based Paint Hazard Evaluation and
applicable requirements. Hazard Reduction Activities.
35.930 Evaluation and hazard reduction 35.1300 Purpose and applicability.
requirements. 35.1305 Definitions and other general
35.935 Ongoing lead-based paint requirements.
maintenance activities. 35.1310 References.
35.940 Special requirements for insular 35.1315 Collection and laboratory
areas. analysis of samples.
35.1320 Lead-based paint inspections
Subpart K_Acquisition, Leasing, and risk assessments.
Support Services, or Operation. 35.1325 Abatement.
35.1000 Purpose and applicability. 35.1330 Interim controls.
35.1005 Definitions and other general 35.1335 Standard treatments.
requirements. 35.1340 Clearance.
35.1010 Notices and pamphlet. 35.1345 Occupant protection and
35.1015 Visual assessment, paint worksite preparation.
stabilization, and maintenance. 35.1350 Safe work practices.
35.1020 Funding for evaluation and 35.1355 Ongoing lead-based paint
hazard reduction. maintenance and reevaluation activities.
Subpart L_Public Housing Programs Authority: 42 U.S.C. 3535(d), 4821,

35.1100 Purpose and applicability. and 4851.
35.1105 Definitions and other general
requirements. Subpart A_Disclosure of
35.1110 Notices and pamphlet.
35.1115 Evaluation.
Known Lead-Based Paint
35.1120 Hazard reduction. and/or Lead-Based Paint
35.1125 Evaluation and hazard Hazards Upon Sale or Lease
reduction before acquisition and of Residential Property
development.
Source: 61 FR 9082, Mar. 6, 1996,
35.1130 Child with an environmental
unless otherwise noted. Redesignated at 64
intervention blood lead level.
FR 50201, Sept. 15, 1999.
35.1135 Eligible costs.
35.1140 Insurance coverage.
Sec. 35.80 Purpose.
Subpart M_Tenant-Based Rental This subpart implements the provisions
Assistance of 42 U.S.C. 4852d, which impose certain
35.1200 Purpose and applicability. requirements on the sale or {[[Page 315]]}
35.1205 Definitions and other general lease of target housing. Under this
requirements. subpart, a seller or lessor of target housing
35.1210 Notices and pamphlet. shall disclose to the purchaser or lessee the
35.1215 Activities at initial and presence of any known lead-based paint
periodic inspections. and/or lead-based paint hazards; provide
35.1220 Ongoing lead-based paint available records and reports; provide the
maintenance activities. purchaser or lessee with a lead hazard
35.1225 Child with an environmental information pamphlet; give purchasers a 10-
intervention blood lead level. day opportunity to conduct a risk assessment
or inspection; and attach specific disclosure
Subparts N-Q [Reserved] and warning language to the sales or leasing
contract before the purchaser or lessee is Sec. 35.86 Definitions.
obligated under a contract to purchase or The following definitions apply to this
lease target housing. subpart.
The Act means the Residential Lead-
Sec. 35.82 Scope and Based Paint Hazard Reduction Act of 1992,
applicability. 42 U.S.C. 4852d.
This subpart applies to all transactions Agent means any party who enters into
to sell or lease target housing, including a contract with a seller or lessor, including
subleases, with the exception of the any party who enters into a contract with a
following: representative of the seller or lessor, for the
(a) Sales of target housing at purpose of selling or leasing target housing.
foreclosure. This term does not apply to purchasers or
(b) Leases of target housing that have any purchaser's representative who receives
been found to be lead-based paint free by an all compensation from the purchaser.
inspector certified under the Federal Available means in the possession of or
certification program or under a federally reasonably obtainable by the seller or lessor
accredited State or tribal certification at the time of the disclosure.
program. Until a Federal certification Common area means a portion of a
program or federally accredited State building generally accessible to all
certification program is in place within the residents/users including, but not limited to,
State, inspectors shall be considered hallways, stairways, laundry and
qualified to conduct an inspection for this recreational rooms, playgrounds, community
purpose if they have received certification centers, and boundary fences.
under any existing State or tribal inspector Contract for the purchase and sale of
certification program. The lessor has the residential real property means any contract
option of using the results of additional or agreement in which one party agrees to
test(s) by a certified inspector to confirm or purchase an interest in real property on
refute a prior finding. which there is situated one or more
(c) Short-term leases of 100 days or residential dwellings used or occupied, or
less, where no lease renewal or extension intended to be used or occupied, in whole or
can occur. in part, as the home or residence of one or
(d) Renewals of existing leases in target more persons.
housing in which the lessor has previously EPA means the Environmental
disclosed all information required under Protection Agency.
SEC. 35.88 and where no new information Evaluation means a risk assessment
described in SEC. 35.88 has come into the and/or inspection.
possession of the lessor. For the purposes of Foreclosure means any of the various
this paragraph, renewal shall include both methods, statutory or otherwise, known in
renegotiation of existing lease terms and/or different jurisdictions, of enforcing payment
ratification of a new lease. of a debt, by the taking and selling of real
property.
Sec. 35.84 Effective dates. Housing for the elderly means
retirement communities or similar types of
The requirements in this subpart take
housing reserved for households composed
effect in the following manner:
of one or more persons 62 years of age or
(a) For owners of more than four
more at the time of initial occupancy.
residential dwellings, the requirements shall
Inspection means: {[[Page 316]]}
take effect on September 6, 1996.
(1) A surface-by-surface investigation
(b) For owners of one to four
to determine the presence of lead-based
residential dwellings, the requirements shall
paint as provided in section 302(c) of the
take effect on December 6, 1996.

Lead-Based Paint Poisoning and Prevention trusts, government agencies, housing
Act [42 U.S.C. 4822], and agencies, Indian tribes, and nonprofit
(2) The provision of a report explaining organizations.
the results of the investigation. Reduction means measures designed to
Lead-based paint means paint or other reduce or eliminate human exposure to lead-
surface coatings that contain lead equal to or based paint hazards through methods
in excess of 1.0 milligram per square including interim controls and abatement.
centimeter or 0.5 percent by weight. Residential dwelling means:
Lead-based paint free housing means (1) A single-family dwelling, including
target housing that has been found to be free attached structures such as porches and
of paint or other surface coatings that stoops; or
contain lead equal to or in excess of 1.0 (2) A single-family dwelling unit in a
milligram per square centimeter or 0.5 structure that contains more than one
percent by weight. separate residential dwelling unit, and in
Lead-based paint hazard means any which each such unit is used or occupied, or
condition that causes exposure to lead from intended to be used or occupied, in whole or
lead-contaminated dust, lead-contaminated in part, as the residence of one or more
soil, or lead- persons.
contaminated paint that is deteriorated Risk assessment means an on-site
or present in accessible surfaces, friction investigation to determine and report the
surfaces, or impact surfaces that would existence, nature, severity, and location of
result in adverse human health effects as lead-based paint hazards in residential
established by the appropriate Federal dwellings, including:
agency. (1) Information gathering regarding the
Lessee means any entity that enters into age and history of the housing and
an agreement to lease, rent, or sublease occupancy by children under age 6;
target housing, including but not limited to (2) Visual inspection;
individuals, partnerships, corporations, (3) Limited wipe sampling or other
trusts, government agencies, housing environmental sampling techniques;
agencies, Indian tribes, and nonprofit (4) Other activity as may be
organizations. appropriate; and
Lessor means any entity that offers (5) Provision of a report explaining the
target housing for lease, rent, or sublease, results of the investigation.
including but not limited to individuals, Seller means any entity that transfers
partnerships, corporations, trusts, legal title to target housing, in whole or in
government agencies, housing agencies, part, in return for consideration, including
Indian tribes, and nonprofit organizations. but not limited to individuals, partnerships,
Owner means any entity that has legal corporations, trusts, government agencies,
title to target housing, including but not housing agencies, Indian tribes, and
limited to individuals, partnerships, nonprofit organizations. The term ``seller''
corporations, trusts, government agencies, also includes:
housing agencies, Indian tribes, and (1) An entity that transfers shares in a
nonprofit organizations, except where a cooperatively owned project, in return for
mortgagee holds legal title to property consideration; and
serving as collateral for a mortgage loan, in (2) An entity that transfers its interest in
which case the owner would be the a leasehold, in jurisdictions or circumstances
mortgagor. where it is legally permissible to separate
Purchaser means an entity that enters the fee title from the title to the
into an agreement to purchase an interest in improvement, in return for consideration.
target housing, including but not limited to Target housing means any housing
individuals, partnerships, corporations, constructed prior to 1978, except housing
for the elderly or persons with disabilities based paint and/or lead-based paint hazards
(unless any child who is less than 6 years of in the target housing being sold or leased
age resides or is expected to reside in such and the existence of any available records or
housing) or any 0-bedroom dwelling. reports pertaining to lead-based paint and/or
TSCA means the Toxic Substances lead-based paint hazards. The seller or lessor
Control Act, 15 U.S.C. 2601. {[[Page shall also disclose any additional
317]]} information available concerning the known
0-bedroom dwelling means any lead-based paint and/or lead-
residential dwelling in which the living area based paint hazards, such as the basis
is not separated from the sleeping area. The for the determination that lead-
term includes efficiencies, studio based paint and/or lead-based paint
apartments, dormitory housing, military hazards exist, the location of the lead-based
barracks, and rentals of individual rooms in paint and/or lead-based paint hazards, and
residential dwellings. the condition of the painted surfaces.
(4) The seller or lessor shall provide the
Sec. 35.88 Disclosure purchaser or lessee with any records or
requirements for sellers and reports available to the seller or lessor
pertaining to lead-based paint and/or lead-
lessors.
based paint hazards in the target housing
(a) The following activities shall be being sold or leased. This requirement
completed before the purchaser or lessee is includes records and reports regarding
obligated under any contract to purchase or common areas. This requirement also
lease target housing that is not otherwise an includes records and reports regarding other
exempt transaction pursuant to SEC. 35.82. residential dwellings in multifamily target
Nothing in this section implies a positive housing, provided that such information is
obligation on the seller or lessor to conduct part of an evaluation or reduction of lead-
any evaluation or reduction activities. based paint and/or lead-based paint hazards
(1) The seller or lessor shall provide the in the target housing as a whole.
purchaser or lessee with an EPA-approved (b) If any of the disclosure activities
lead hazard information pamphlet. Such identified in paragraph (a) of this section
pamphlets include the EPA document occurs after the purchaser or lessee has
entitled Protect Your Family From Lead in provided an offer to purchase or lease the
Your Home (EPA -747-K-94-001) or an housing, the seller or lessor shall complete
equivalent pamphlet that has been approved the required disclosure activities prior to
for use in that State by EPA. accepting the purchaser's or lessee's offer
(2) The seller or lessor shall disclose to and allow the purchaser or lessee an
the purchaser or lessee the presence of any opportunity to review the information and
known lead-based paint and/or lead-based possibly amend the offer.
paint hazards in the target housing being (Approved by the Office of
sold or leased. The seller or lessor shall also Management and Budget under control
disclose any additional information available number 2070-0151)
concerning the known lead-based paint [61 FR 9082, Mar. 6, 1996, as amended
and/or lead-based paint hazards, such as the at 64 FR 14382, Mar. 25, 1999]
basis for the determination that lead-based
paint and/or lead-based paint hazards exist, Sec. 35.90 Opportunity to
the location of the lead-based paint and/or
lead-
conduct an evaluation.
based paint hazards, and the condition (a) Before a purchaser is obligated
of the painted surfaces. under any contract to purchase target
(3) The seller or lessor shall disclose to housing, the seller shall permit the purchaser
each agent the presence of any known lead- a 10-day period (unless the parties mutually

agree, in writing, upon a different period of indicating no knowledge of the presence of
time) to conduct a risk assessment or lead-based paint and/
inspection for the presence of lead-based or lead-based paint hazards. The seller
paint and/or lead-based paint hazards. shall also provide any additional information
(b) Notwithstanding paragraph (a) of available concerning the known lead-based
this section, a purchaser may waive the paint and/or lead-based paint hazards, such
opportunity to conduct the risk assessment as the basis for the determination that lead-
or inspection by so indicating in writing. based paint and/or lead-based paint hazards
(Approved by the Office of exist, the location of the lead-based paint
Management and Budget under control and/or lead-based paint hazards, and the
number 2070-0151) condition of the painted surfaces.
[61 FR 9082, Mar. 6, 1996, as amended (3) A list of any records or reports
at 64 FR 14382, Mar. 25, 1999] {[[Page available to the seller pertaining to lead-
318]]} based paint and/or lead-based paint hazards
in the housing that have been provided to the
Sec. 35.92 Certification and purchaser. If no such records or reports are
acknowledgment of disclosure. available, the seller shall so indicate.
(4) A statement by the purchaser
(a) Seller requirements. Each contract
affirming receipt of the information set out
to sell target housing shall include an
in paragraphs (a)(2) and (a)(3) of this
attachment containing the following
section and the lead hazard information
elements, in the language of the contract
pamphlet required under section 15 U.S.C.
(e.g., English, Spanish):
2696.
(1) A Lead Warning Statement
(5) A statement by the purchaser that
consisting of the following language:
he/she has either:
Every purchaser of any interest in
(i) Received the opportunity to conduct
residential real property on which a
the risk assessment or inspection required by
residential dwelling was built prior to 1978
SEC. 35.90(a); or
is notified that such property may present
(ii) Waived the opportunity.
exposure to lead from lead-based paint that
(6) When any agent is involved in the
may place young children at risk of
transaction to sell target housing on behalf
developing lead poisoning. Lead poisoning
of the seller, a statement that:
in young children may produce permanent
(i) The agent has informed the seller of
neurological damage, including learning
the seller's obligations under 42 U.S.C.
disabilities, reduced intelligence quotient,
4852d; and
behavioral problems, and impaired memory.
(ii) The agent is aware of his/her duty
Lead poisoning also poses a particular risk
to ensure compliance with the requirements
to pregnant women. The seller of any
of this subpart.
interest in residential real property is
(7) The signatures of the sellers, agents,
required to provide the buyer with any
and purchasers, certifying to the accuracy of
information on lead-based paint hazards
their statements, to the best of their
from risk assessments or inspections in the
knowledge, along with the dates of
seller's possession and notify the buyer of
signature.
any known lead-based paint hazards. A risk
(b) Lessor requirements. Each contract
assessment or inspection for possible lead-
to lease target housing shall include, as an
based paint hazards is recommended prior to
attachment or within the contract, the
purchase.
following elements, in the language of the
(2) A statement by the seller disclosing
contract (e.g., English, Spanish):
the presence of known lead-
(1) A Lead Warning Statement with the
based paint and/or lead-based paint
following language:
hazards in the target housing being sold or
Housing built before 1978 may contain knowledge, along with the dates of
lead-based paint. Lead from paint, paint signature.
chips, and dust can pose health hazards if (c) Retention of certification and
not managed properly. Lead exposure is acknowledgment information. (1) The seller,
especially harmful to young children and and any agent, shall retain a copy of the
pregnant women. Before renting pre-1978 completed attachment required under
housing, lessors must disclose the presence paragraph (a) of this section for no less than
of lead-based paint and/or lead-based paint 3 years from the completion date of the sale.
hazards in the dwelling. Lessees must also The lessor, and any agent, shall retain a copy
receive a federally approved pamphlet on of the completed attachment or lease
lead poisoning prevention. contract containing the information required
(2) A statement by the lessor disclosing under paragraph (b) of this section for no
the presence of known lead- less than 3 years from the commencement of
based paint and/or lead-based paint the leasing period.
hazards in the target housing being leased or (2) This recordkeeping requirement is
indicating no knowledge of the presence of not intended to place any limitations on civil
lead-based paint and/or lead-based paint suits under the Act, or to otherwise affect a
hazards. The lessor shall also disclose any lessee's or purchaser's rights under the civil
additional information available concerning penalty provisions of 42 U.S.C. 4852d(b)(3).
the known lead-based paint and/or lead- (d) The seller, lessor, or agent shall not
based paint hazards, such as the basis for the be responsible for the failure of a purchaser's
determination that lead-based paint and/or or lessee's legal representative (where such
lead-based paint hazards exist in the representative receives all compensation
housing, the location of the lead-based paint from the purchaser or lessee) to transmit
and/or lead-based paint hazards, and the disclosure materials to the purchaser or
condition of the painted surfaces. lessee, provided that all required parties
(3) A list of any records or reports have completed and signed the necessary
available to the lessor pertaining to lead- certification and acknowledgment language
based paint and/or lead-based paint hazards required under paragraphs (a) and (b) of this
in the housing that have {[[Page 319]]} section.
been provided to the lessee. If no such (Approved by the Office of
records or reports are available, the lessor Management and Budget under control
shall so indicate. number 2070-0151)
(4) A statement by the lessee affirming [61 FR 9082, Mar. 6, 1996, as amended
receipt of the information set out in at 64 FR 14382, Mar. 25, 1999]
paragraphs (b)(2) and (b)(3) of this section
and the lead hazard information pamphlet Sec. 35.94 Agent
required under 15 U.S.C. 2696. responsibilities.
(5) When any agent is involved in the
(a) Each agent shall ensure compliance
transaction to lease target housing on behalf
with all requirements of this subpart. To
of the lessor, a statement that:
ensure compliance, the agent shall:
(i) The agent has informed the lessor of
(1) Inform the seller or lessor of his/her
the lessor's obligations under 42 U.S.C.
obligations under SEC. Sec. 35.88, 35.90,
4852d; and
and 35.92.
(ii) The agent is aware of his/her duty
(2) Ensure that the seller or lessor has
to ensure compliance with the requirements
performed all activities required under SEC.
of this subpart.
Sec. 35.88, 35.90, and 35.92, or personally
(6) The signatures of the lessors,
ensure compliance with the requirements of
agents, and lessees certifying to the accuracy
SEC. Sec. 35.88, 35.90, and 35.92.
of their statements to the best of their

(b) If the agent has complied with penalty for each violation applicable under
paragraph (a)(1) of this section, the agent 15 U.S.C. 2615 shall be not more than
shall not be liable for the failure to disclose $10,000.
to a purchaser or lessee the presence of lead-
based paint and/or lead-based paint hazards Sec. 35.98 Impact on State and
known by a seller or lessor but not disclosed local requirements.
to the agent.
Nothing in this subpart shall relieve a
(Approved by the Office of
seller, lessor, or agent from any
Management and Budget under control
responsibility for compliance with State or
number 2070-0151)
local laws, ordinances, codes, or regulations
[61 FR 9082, Mar. 6, 1996, as amended
governing notice or disclosure of known
at 64 FR 14382, Mar. 25, 1999]
lead-based paint and/or lead-based paint
hazards. Neither HUD nor EPA assumes any
Sec. 35.96 Enforcement. responsibility for ensuring compliance with
(a) Any person who knowingly fails to such State or local requirements.
comply with any provision of this subpart
shall be subject to civil monetary penalties Subpart B_General Lead-
in accordance with the provisions of 42
U.S.C. 3545 and 24 CFR part 30. Based Paint Requirements
(b) The Secretary is authorized to take and Definitions for All
such action as may be necessary to enjoin Programs.
any violation of this subpart in the
Source: 64 FR 50202, Sept. 15, 1999,
appropriate Federal district court.
(c) Any person who knowingly violates
the provisions of this subpart shall be jointly
and severally liable to the purchaser or Sec. 35.100 Purpose and
lessee in an amount equal to 3 times the applicability.
amount of damages incurred by such (a) Purpose. The requirements of
individual. subparts B through R of this part are
(d) In any civil action brought for promulgated to implement the Lead-Based
damages pursuant to 42 U.S.C. 4852d(b)(3), Paint Poisoning Prevention Act, as amended
the appropriate court may award court costs (42 U.S.C. 4821 et seq.), and the Residential
to the party commencing such action, Lead-Based Paint Hazard Reduction Act of
together with reasonable attorney fees and 1992 (42 U.S.C. 4851 et seq.).
any expert witness fees, if that party (b) Applicability--(1) This subpart. This
prevails. subpart applies to all target housing that is
(e) Failure or refusal to comply with federally owned and target housing
SEC. Sec. 35.88 (disclosure requirements receiving Federal assistance to which
for sellers and lessors), SEC. 35.90 subparts C, D, F through M, and R of this
(opportunity to conduct an evaluation), SEC. part apply, except where indicated.
35.92 (certification and acknowledgment of (2) Other subparts--(i) General.
disclosure), or SEC. 35.94 (agent Subparts C, D, and F through M of this part
responsibilities) is a violation of 42 U.S.C. each set forth requirements for a specific
{[[Page 320]]} type of Federal housing activity or
4852d(b)(5) and of TSCA section 409 assistance, such as multifamily mortgage
(15 U.S.C. 2689). insurance, project-based rental assistance,
(f) Violators may be subject to civil and rehabilitation, or tenant-based rental
criminal sanctions pursuant to TSCA section assistance. Subpart R of this part provides
16 (15 U.S.C. 2615) for each violation. For standards and methods for activities required
purposes of enforcing this subpart, the
in subparts B, C, D, and F through M of this project-based assistance, and the average
part. annual assistance per assisted unit is $5,500.
(ii) Application to programs. Most Those 50 units, and common areas servicing
HUD housing programs are covered by only those units, are covered by the requirements
one subpart of this part, but some programs of subpart H of {[[Page 321]]}
can be used for more than one type of this part (see SEC. 35.715--Project-
assistance and therefore are covered by more based assistance for multifamily properties
than one subpart of this part. A current list receiving more than $5,000 per unit), which
of programs covered by each subpart of this are at protectiveness level 3. Therefore,
part is available on the internet at because level 3 is a higher level of
www.hud.gov, or by mail from the National protectiveness than level 5, the units
Lead Information Center at 1-800-424- receiving project-based assistance, and
LEAD. Examples of flexible programs that common areas servicing those units, must
can provide more than one type of assistance comply at level 3, while the rest of the
are the HOME Investment Partnerships building can be operated at level 5. The
program, the Community Development owner may choose to operate the entire
Block Grant program, and the Indian building at level 3 for simplicity.
Housing Block Grant Program. Grantees, (c) Table One. The following table lists
participating jurisdictions, Indian tribes and the subparts and sections of this part
other entities administering such flexible applying to HUD programs in order from
programs must decide which subpart applies most protective to least protective hazard
to the type of assistance being provided to a reduction requirements. The summary of
particular dwelling unit or residential hazard reduction requirements in this table is
property. not complete. Readers must refer to relevant
(iii) Application to dwelling units. In subpart for complete requirements.
some cases, more than one type of assistance ------------------------------------------------
may be provided to the same dwelling unit. ------------------------------------------------------
In such cases, the subpart or section with the ----------
most protective initial hazard reduction Hazard reduction
requirements applies. Paragraph (c) of this Level of protection Subpart, section,
section provides a table that lists the and type of assistance requirements
subparts and sections of this part in order ------------------------------------------------
from the most protective to the least ------------------------------------------------------
protective. (This list is based only on the ----------
requirements for initial hazard reduction. 1.............................. Subpart L, Public
The summary of requirements on this list is housing. Subpart G, SEC. Full abatement of
not a complete list of requirements. It is lead-
necessary to refer to the applicable subparts 35.630, Multifamily mortgage
and sections to determine all applicable insurance for based paint.
requirements.) conversions and major rehabilitations.
(iv) Example. A multifamily building 2.............................. Subpart J, SEC.
has 100 dwelling units and was built in 35.930(d), Properties receiving Abatement
1965. The property is financed with HUD of lead-based
multifamily mortgage insurance. This more than $25,000 per unit in
building is covered by subpart G of this part rehabilitation paint hazards.
(see SEC. 35.625--Multifamily mortgage assistance.
insurance for properties constructed after 3.............................. Subpart G, SEC.
1959), which is at protectiveness level 5 in 35.620, Multifamily mortgage Interim
the table set forth in paragraph (c) of this controls.
section. In the same building, however, 50 insurance for properties constructed
of the 100 dwelling units are receiving before 1960,

other than conversions and major application of the effective date to specific
rehabilitations. programs. Before September 15, 2000, a
Subpart H, SEC. 35.715, Project-based designated party has the option of following
assistance the procedures in subparts B through R of
for multifamily properties receiving this part, or complying with current HUD
more than lead-based paint regulations.
$5,000 per unit. Subpart I, HUD-owned
multifamily Sec. 35.106 Information
property. Subpart J, SEC. 35.930(c), collection requirements.
Properties
The information collection
receiving more than $5,000 and up to
requirements contained in this part have
$25,000 per
been approved by the Office of Management
unit in rehabilitation assistance.
and Budget (OMB) in accordance with the
4.............................. Subpart F, HUD-
requirements of the Paperwork Reduction
owned single family properties. Paint
Act of 1995 (44 U.S.C. 2501-3520), and
stabilization.
have been assigned OMB control number
Subpart H, SEC. 35.720, Project-based
2539-0009. An agency may not conduct or
rental
sponsor, and a person is not required to
assistance for multifamily properties
respond to, a collection of information
receiving up
unless the collection displays a valid control
to $5,000 per unit and single family
number.
properties.
Subpart K, Acquisition, leasing,
support services, Sec. 35.110 Definitions.
or operation. Subpart M, Tenant-based Abatement means any set of measures
rental designed to permanently eliminate lead-
assistance. based paint or lead-based paint hazards (see
5.............................. Subpart G, SEC. definition of ``permanent''). Abatement
35.625, Multifamily mortgage Ongoing includes:
lead-based paint (1) The removal of lead-based paint
insurance for properties constructed and dust-lead hazards, the permanent
after 1959. maintenance. enclosure or encapsulation of lead-based
6.............................. Subpart J, SEC. paint, the replacement of components or
35.930(b), Properties receiving Safe work fixtures painted with lead-based paint, and
practices during the removal or permanent covering of soil-
up to and including $5,000 in lead hazards; and
rehabilitation rehabilitation. (2) All preparation, cleanup, disposal,
assistance. and post abatement clearance testing
------------------------------------------------ activities associated with such measures.
------------------------------------------------------ {[[Page 322]]}
---------- Act means the Lead-Based Paint
Poisoning Prevention Act, as amended, 42
Sec. 35.105 Effective dates. U.S.C. 4822 et seq.
Bare soil means soil or sand not
The effective date for subparts B
covered by grass, sod, other live ground
through R of this part is September 15,
covers, wood chips, gravel, artificial turf, or
2000, except that the effective date for
similar covering.
prohibited methods of paint removal,
Certified means licensed or certified to
described in SEC. 35.140, is November 15,
perform such activities as risk assessment,
1999. Subparts F through M of this part
lead-based paint inspection, or abatement
provide further information on the
supervision, either by a State or Indian tribe
with a lead-based paint certification program multiple samples can be analyzed as a single
authorized by the Environmental Protection sample.
Agency (EPA), or by the EPA, in Containment means the physical
accordance with 40 CFR part 745, subparts measures taken to ensure that dust and
L or Q. debris created or released during lead-based
Chewable surface means an interior or paint hazard reduction are not spread, blown
exterior surface painted with lead-based or tracked from inside to outside of the
paint that a young child can mouth or chew. worksite.
A chewable surface is the same as an Designated party means a Federal
`àccessible surface'' as defined in 42 U.S.C. agency, grantee, subrecipient, participating
4851b(2)). Hard metal substrates and other jurisdiction, housing agency, CILP recipient,
materials that cannot be dented by the bite of Indian tribe, tribally designated housing
a young child are not considered chewable. entity (TDHE), sponsor or property owner
Clearance examination means an responsible for complying with applicable
activity conducted following lead- requirements.
based paint hazard reduction activities Deteriorated paint means any interior or
to determine that the hazard reduction exterior paint or other coating that is
activities are complete and that no soil-lead peeling, chipping, chalking or cracking, or
hazards or settled dust-lead hazards, as any paint or coating located on an interior or
defined in this part, exist in the dwelling unit exterior surface or fixture that is otherwise
or worksite. The clearance process includes damaged or separated from the substrate.
a visual assessment and collection and Dry sanding means sanding without
analysis of environmental samples. Dust- moisture and includes both hand and
lead standards for clearance are found machine sanding.
at SEC. 35.1320. Dust-lead hazard means surface dust
CILP recipient means an owner of a that contains a dust-lead loading (area
multifamily property which is undergoing concentration of lead) at or exceeding the
rehabilitation funded by the Flexible levels promulgated by the EPA pursuant to
Subsidy-Capital Improvement Loan section 403 of the Toxic Substances Control
Program (CILP). Act or, if such levels are not in effect, the
Common area means a portion of a standards in SEC. 35.1320.
residential property that is available for use Dwelling unit means a:
by occupants of more than one dwelling (1) Single-family dwelling, including
unit. Such an area may include, but is not attached structures such as porches and
limited to, hallways, stairways, laundry and stoops; or
recreational rooms, playgrounds, community (2) Housing unit in a structure that
centers, on-site day care facilities, garages contains more than 1 separate housing unit,
and boundary fences. and in which each such unit is used or
Component means an architectural occupied, or intended to be used or
element of a dwelling unit or common area occupied, in whole or in part, as the home or
identified by type and location, such as a separate living quarters of 1 or more
bedroom wall, an exterior window sill, a persons.
baseboard in a living room, a kitchen floor, Encapsulation means the application of
an interior window sill in a bathroom, a a covering or coating that acts as a barrier
porch floor, stair treads in a common between the lead-based paint and the
stairwell, or an exterior wall. environment and that relies for its durability
Composite sample means a collection on adhesion between the {[[Page 323]]}
of more than one sample of the same encapsulant and the painted surface,
medium (e.g., dust, soil or paint) from the and on the integrity of the existing bonds
same type of surface (e.g., floor, interior between paint layers and between the paint
window sill, or window trough), such that and the substrate. Encapsulation may be

used as a method of abatement if it is Federally owned property means
designed and performed so as to be residential property owned or managed by a
permanent (see definition of ``permanent''). Federal agency, or for which a Federal
Enclosure means the use of rigid, agency is a trustee or conservator.
durable construction materials that are Firm commitment means a valid
mechanically fastened to the substrate in commitment issued by HUD or the Federal
order to act as a barrier between lead-based Housing Commissioner setting forth the
paint and the environment. Enclosure may terms and conditions upon which a mortgage
be used as a method of abatement if it is will be insured or guaranteed.
designed to be permanent (see definition of Friction surface means an interior or
``permanent''). exterior surface that is subject to abrasion or
Environmental intervention blood lead friction, including, but not limited to, certain
level means a confirmed concentration of window, floor, and stair surfaces.
lead in whole blood equal to or greater than g means gram, mg means milligram
20 [mu]g/ (thousandth of a gram), and [mu]g means
dL (micrograms of lead per deciliter) microgram (millionth of a gram).
for a single test or 15-19 [mu]g/ Grantee means any State or local
dL in two tests taken at least 3 months government, Indian tribe, IHBG recipient,
apart. insular area or nonprofit organization that
Evaluation means a risk assessment, a has been designated by HUD to administer
lead hazard screen, a lead- Federal housing assistance under a program
based paint inspection, paint testing, or covered by subparts J and K of this part,
a combination of these to determine the except the HOME program or the Flexible
presence of lead-based paint hazards or lead- Subsidy-Capital Improvement Loan
based paint. Program (CILP).
Expected to reside means there is actual Hard costs of rehabilitation means:
knowledge that a child will reside in a (1) Costs to correct substandard
dwelling unit reserved for the elderly or conditions or to meet applicable local
designated exclusively for persons with rehabilitation standards;
disabilities. If a resident woman is known to (2) Costs to make essential
be pregnant, there is actual knowledge that a improvements, including energy-related
child will reside in the dwelling unit. repairs, and those necessary to permit use by
Federal agency means the United States persons with disabilities; and costs to repair
or any executive department, independent or replace major housing systems in danger
establishment, administrative agency and of failure; and
instrumentality of the United States, (3) Costs of non-essential
including a corporation in which all or a improvements, including additions and
substantial amount of the stock is alterations to an existing structure; but
beneficially owned by the United States or (4) Hard costs do not include
by any of these entities. The term ``Federal administrative costs (e.g., overhead for
agency'' includes, but is not limited to, Rural administering a rehabilitation program,
Housing Service (formerly Rural Housing processing fees, etc.).
and Community Development Service that Hazard reduction means measures
was formerly Farmer's Home designed to reduce or eliminate human
Administration), Resolution Trust exposure to lead-based paint hazards
Corporation, General Services through methods including interim controls
Administration, Department of Defense, or abatement or a combination of the two.
Department of Veterans Affairs, Department HEPA vacuum means a vacuum
of the Interior, and Department of cleaner device with an included high-
Transportation. efficiency particulate air (HEPA) filter
through which the contaminated air flows,
operated in accordance with the instructions lead-based paint maintenance activities, and
of its manufacturer. A HEPA filter is one the establishment and operation of
that captures at least 99.97 percent of management and resident education
airborne particles of at least 0.3 micrometers programs.
in diameter. {[[Page 324]]} Interior window sill means the portion
Housing for the elderly means of the horizontal window ledge that
retirement communities or similar types of protrudes into the interior of the room,
housing reserved for households composed adjacent to the window sash when the
of one or more persons 62 years of age or window is closed. The interior window sill
more, or other age if recognized as elderly is sometimes referred to as the window
by a specific Federal housing assistance stool.
program. Lead-based paint means paint or other
Housing receiving Federal assistance surface coatings that contain lead equal to or
means housing which is covered by an exceeding 1.0 milligram per square
application for HUD mortgage insurance, centimeter or 0.5 percent by weight or 5,000
receives housing assistance payments under parts per million (ppm) by weight.
a program administered by HUD, or Lead-based paint hazard means any
otherwise receives more than $5,000 in condition that causes exposure to lead from
project-based assistance under a Federal dust-lead hazards, soil-lead hazards, or lead-
housing program administered by an agency based paint that is deteriorated or present in
other than HUD. chewable surfaces, friction surfaces, or
HUD means the United States impact surfaces, and that would result in
Department of Housing and Urban adverse human health effects.
Development. Lead-based paint inspection means a
HUD-owned property means residential surface-by-surface investigation to
property owned or managed by HUD, or for determine the presence of lead-based paint
which HUD is a trustee or conservator. and the provision of a report explaining the
Impact surface means an interior or results of the investigation.
exterior surface that is subject to damage by Lead hazard screen means a limited
repeated sudden force, such as certain parts risk assessment activity that involves paint
of door frames. testing and dust sampling and analysis as
Indian Housing Block Grant (IHBG) described in 40 CFR 745.227(c) and soil
recipient means a tribe or a tribally sampling and analysis as described in 40
designated housing entity (TDHE) receiving CFR 745.227(d).
IHBG funds. Mortgagee means a lender of a
Indian tribe means a tribe as defined in mortgage loan.
the Native American Housing Assistance Mortgagor means a borrower of a
and Self-Determination Act of 1996 (25 mortgage loan.
U.S.C. 4101 et seq.) Multifamily property means a
Inspection (See Lead-based paint residential property containing five or more
inspection). dwelling units.
Insular areas means Guam, the Occupant means a person who inhabits
Northern Mariana Islands, the United States a dwelling unit.
Virgin Islands and American Samoa. Owner means a person, firm,
Interim controls means a set of corporation, nonprofit organization,
measures designed to reduce temporarily partnership, government, guardian,
human exposure or likely exposure to lead- conservator, receiver, trustee, executor, or
based paint hazards. Interim controls other judicial officer, or other entity which,
include, but are not limited to, repairs, alone or with others, owns, holds, or
painting, temporary containment, controls the freehold or leasehold title or
specialized cleaning, clearance, ongoing part of the title to property, with or without

actually possessing it. The definition United States Housing Act of 1937 (42
includes a vendee who possesses the title, U.S.C. 1437 et seq.), but not including
but does not include a mortgagee or an housing assisted under section 8 of the 1937
owner of a reversionary interest under a Act.
ground rent lease. Reevaluation means a visual
Paint stabilization means repairing any assessment of painted surfaces and limited
physical defect in the substrate of a painted dust and soil sampling conducted
surface that is causing paint deterioration, periodically following lead-
removing loose paint and other material based paint hazard reduction where
from the surface to be treated, and applying lead-based paint is still present.
a new protective coating or paint. Rehabilitation means the improvement
Paint testing means the process of of an existing structure through alterations,
determining, by a certified lead- incidental additions or enhancements.
based paint inspector or risk assessor, Rehabilitation includes repairs necessary to
the {[[Page 325]]} correct the results of deferred maintenance,
presence or the absence of lead-based the replacement of principal fixtures and
paint on deteriorated paint surfaces or components, improvements to increase the
painted surfaces to be disturbed or replaced. efficient use of energy, and installation of
Paint removal means a method of security devices.
abatement that permanently eliminates lead- Replacement means a strategy of
based paint from surfaces. abatement that entails the removal of
Painted surface to be disturbed means a building components that have surfaces
paint surface that is to be scraped, sanded, coated with lead-based paint and the
cut, penetrated or otherwise affected by installation of new components free of lead-
rehabilitation work in a manner that could based paint.
potentially create a lead-based paint hazard Residential property means a dwelling
by generating dust, fumes, or paint chips. unit, common areas, building exterior
Participating jurisdiction means any surfaces, and any surrounding land,
State or local government that has been including outbuildings, fences and play
designated by HUD to administer a HOME equipment affixed to the land, belonging to
program grant. an owner and available for use by residents,
Permanent means an expected design but not including land used for agricultural,
life of at least 20 years. commercial, industrial or other non-
Play area means an area of frequent soil residential purposes, and not including paint
contact by children of less than 6 years of on the pavement of parking lots, garages, or
age, as indicated by the presence of play roadways.
equipment (e.g. sandboxes, swing sets, Risk assessment means:
sliding boards, etc.) or toys or other (1) An on-site investigation to
children's possessions, observations of play determine the existence, nature, severity,
patterns, or information provided by parents, and location of lead-based paint hazards;
residents or property owners. and
Project-based rental assistance means (2) The provision of a report by the
Federal rental assistance that is tied to a individual or firm conducting the risk
residential property with a specific location assessment explaining the results of the
and remains with that particular location investigation and options for reducing lead-
throughout the term of the assistance. based paint hazards.
Public health department means a State, Single family property means a
tribal, county or municipal public health residential property containing one through
department or the Indian Health Service. four dwelling units.
Public housing development means a Single room occupancy (SRO) housing
residential property assisted under the means housing consisting of zero-bedroom
dwelling units that may contain food Tenant means the individual named as
preparation or sanitary facilities or both (see the lessee in a lease, rental agreement or
Zero-bedroom dwelling). occupancy agreement for a dwelling unit.
Soil-lead hazard means bare soil on Visual assessment means looking for,
residential property that contains lead equal as applicable:
to or exceeding levels promulgated by the (1) Deteriorated paint;
U.S. Environmental Protection Agency (2) Visible surface dust, debris and
pursuant to section 403 of the Toxic residue as part of a risk assessment or
Substances Control Act or, if such levels are clearance examination; or
not in effect, the following levels: 400 (3) The completion or failure of a
[mu]g/g in play areas; and 2000 [mu]g/g in hazard reduction measure.
other areas with bare soil that total more Wet sanding or wet scraping means a
than 9 square feet (0.8 square meters) per process of removing loose paint in which the
residential property. painted surface to be sanded or scraped is
Sponsor means mortgagor (borrower). kept wet to minimize the dispersal of paint
Subrecipient means any nonprofit chips and airborne dust.
organization selected by the grantee or Window trough means the area
participating jurisdiction to administer all or between the interior window sill (stool) and
a portion of the Federal rehabilitation the storm window frame. If there is no storm
assistance or other non-rehabilitation window, the window trough is the area that
assistance, or any such organization selected receives both the upper and lower window
by a subrecipient of {[[Page 326]]} sashes when they are both lowered.
the grantee or participating jurisdiction. Worksite means an interior or exterior
An owner or developer receiving Federal area where lead-based paint hazard
rehabilitation assistance or other assistance reduction activity takes place. There may be
for a residential property is not considered a more than one worksite in a dwelling unit or
subrecipient for the purposes of carrying out at a residential property.
that project. Zero-bedroom dwelling means any
Standard treatments means a series of residential dwelling in which the living areas
hazard reduction measures designed to are not separated from the sleeping area. The
reduce all lead-based paint hazards in a term includes efficiencies, studio
dwelling unit without the benefit of a risk apartments, dormitory or single room
assessment or other evaluation. occupancy housing, military barracks, and
Substrate means the material directly rentals of individual rooms in residential
beneath the painted surface out of which the dwellings (see Single room occupancy
components are constructed, including (SRO)).
wood, drywall, plaster, concrete, brick or
metal. Sec. 35.115 Exemptions.
Target housing means any housing (a) Subparts B through R of this part do
constructed prior to 1978, except housing not apply to the following:
for the elderly or persons with disabilities (1) A residential property for which
(unless a child of less than 6 years of age construction was completed on or after
resides or is expected to reside in such January 1, 1978, or, in the case of
housing for the elderly or persons with jurisdictions which banned the sale or
disabilities) or any zero- residential use of lead-containing paint prior
bedroom dwelling. In the case of to 1978, an earlier date as HUD may
jurisdictions which banned the sale or use of designate (see SEC. 35.160).
lead-based paint prior to 1978, HUD may (2) A zero-bedroom dwelling unit,
designate an earlier date. including a single room occupancy (SRO)
dwelling unit.

(3) Housing for the elderly, or a requirements of subparts B through R of this
residential property designated exclusively part shall not apply. This exemption applies
for persons with disabilities; except this only to repairs necessary to respond to the
exemption shall not apply if a child less than emergency. The requirements of subparts B
age 6 resides or is expected to reside in the through R of this part shall apply to any
dwelling unit (see definitions of ``housing work undertaken subsequent to, or above
for the elderly'' and `èxpected to reside'' in and beyond, such emergency actions.
SEC. 35.110). (10) If a Federal law enforcement
(4) Residential property found not to agency has seized a residential property and
have lead-based paint by a lead-based paint owns the property for less than 270 days,
inspection conducted in accordance with SEC. Sec. 35.210 and 35.215 shall not apply
SEC. 35.1320(a) (for more information to the property.
regarding inspection procedures consult the (11) The requirements of subpart K of
1997 edition of Chapter 7 of the HUD this part do not apply if the assistance being
Guidelines). Results of additional test(s) by provided is emergency rental assistance or
a certified lead-based paint inspector may be foreclosure prevention assistance, provided
used to confirm or refute a prior finding. that this exemption shall expire for a
(5) Residential property in which all dwelling unit no later than 100 days after the
lead-based paint has been identified, initial payment or assistance.
removed, and clearance has been achieved (12) Performance of an evaluation or
in accordance with 40 CFR 745.227(b)(e) lead-based paint hazard reduction or lead-
before September 15, 2000, or in accordance based paint abatement on an exterior painted
with SEC. Sec. 35.1320, 35.1325 and surface as required under this part may be
35.1340 on or after September 15, 2000. delayed for a reasonable time during a
This exemption does not apply to residential period when weather conditions are
property where enclosure or encapsulation unsuitable for conventional construction
has been used as a method of abatement. activities.
(6) An unoccupied dwelling unit or (13) Where abatement of lead-based
residential property that is to be demolished, paint hazards or lead-based paint is required
provided the dwelling unit or property will by this part and the property is listed or has
remain unoccupied until demolition. been determined to be eligible for listing in
{[[Page 327]]} the National Register of Historic Places or
(7) A property or part of a property that contributing to a National Register Historic
is not used and will not be used for human District, the designated party may, if
residential habitation, except that spaces requested by the State Historic Preservation
such as entryways, hallways, corridors, Office, conduct interim controls in
passageways or stairways serving both accordance with SEC. 35.1330 instead of
residential and nonresidential uses in a abatement. If interim controls are conducted,
mixed-use property shall not be exempt. ongoing lead-based paint maintenance and
(8) Any rehabilitation that does not reevaluation shall be conducted as required
disturb a painted surface. by the applicable subpart of this part in
(9) For emergency actions immediately accordance with SEC. 35.1355.
necessary to safeguard against imminent (b) For the purposes of subpart C of
danger to human life, health or safety, or to this part, each Federal agency other than
protect property from further structural HUD will determine whether appropriations
damage (such as when a property has been are sufficient to implement this rule. If
damaged by a natural disaster, fire, or appropriations are not sufficient, subpart C
structural collapse), occupants shall be of this part shall not apply to that Federal
protected from exposure to lead in dust and agency. If appropriations are sufficient,
debris generated by such emergency actions subpart C of this part shall apply.
to the extent practicable, and the
Sec. 35.120 Options. intact paint. If paint testing indicates
(a) Standard treatments. Where interim the absence of lead-based paint on a specific
controls are required by this part, the surface, paint stabilization or interim
designated party has the option to presume controls are not required on that surface.
that lead-based paint or lead-based paint
hazards or both are present throughout the Sec. 35.125 Notice of evaluation
residential property. In such a case, and hazard reduction activities.
evaluation is not required. Standard The following activities shall be
treatments shall then be conducted in conducted if notice is required by subparts D
accordance with SEC. 35.1335 on all and F through M of this part.
applicable surfaces, including soil. Standard (a) Notice of evaluation or
treatments are completed only when presumption. When evaluation is undertaken
clearance is achieved in accordance with and lead-based paint or lead-based paint
SEC. 35.1340. hazards are found to be present, or if a
(b) Abatement. Where abatement is presumption is made that lead-based paint or
required by this part, the designated party lead-
may presume that lead-based paint or lead- based paint hazards are present in
based paint hazards or both are present accordance with the options described in
throughout the residential property. In such SEC. 35.120, the designated party shall
a case, evaluation is not required. Abatement provide a notice to occupants within 15
shall then be conducted on all applicable calendar days of the date when the
surfaces, including soil, in accordance with designated party receives the report or
SEC. 35.1325, and completed when makes the presumption.
clearance is achieved in accordance with (1) The notice of the evaluation shall
SEC. 35.1340. This option is not available in include:
public housing, where inspection is required. (i) A summary of the nature, scope and
(c) Lead hazard screen. Where a risk results of the evaluation;
assessment is required, the designated party (ii) A contact name, address and
may choose first to conduct a lead hazard telephone number for more information, and
screen in accordance with SEC. 35.1320(b). to obtain access to the actual evaluation
If the results of the lead hazard screen report; and
indicate the need for a full risk assessment (iii) The date of the notice.
(e.g., if the environmental measurements (2) The notice of presumption shall
exceed levels established for lead hazard include:
screens in SEC. 35.1320(b)(2)), a complete (i) The nature and scope of the
risk assessment shall be conducted. presumption;
Environmental samples collected for the (ii) A contact name, address and
lead {[[Page 328]]} telephone number for more information; and
hazard screen may be used in the risk (iii) The date of the notice.
assessment. If the results of the lead hazard (b) Notice of hazard reduction activity.
screen do not indicate the need for a follow- When hazard reduction activities are
up risk assessment, a risk assessment is not undertaken, each designated party shall:
required. (1) Provide a notice to occupants no
(d) Paint testing. Where paint more than 15 calendar days after the hazard
stabilization or interim controls of reduction activities have been completed.
deteriorated paint surfaces are required by Notice of hazard reduction shall include, but
this rule, the designated party has the option not be limited to:
to conduct paint testing of all surfaces with (i) A summary of the nature, scope and
non- results (including clearance), of the hazard
reduction activities.

(ii) A contact name, address and developed by EPA, HUD and the
telephone number for more information; and Consumer Product Safety Commission
(iii) Available information on the pursuant to section 406 of the Toxic
location of any remaining lead- Substances Control Act (15 U.S.C. 2686), or
based paint in the rooms, spaces or an EPA-approved alternative; except that the
areas where hazard reduction activities were designated party need not provide a lead
conducted, on a surface-by-surface basis; hazard information pamphlet if the
(2) Update the notice, based on designated party can demonstrate that the
reevaluation of the residential property and pamphlet has already been provided in
as any additional hazard reduction work is accordance with the lead-based paint
conducted. notification and disclosure requirements at
(c) Availability of notices of SEC. 35.88(a)(1), or 40 CFR 745.107(a)(1)
evaluation, presumption, and hazard or in accordance with the requirements for
reduction activities. (1) The notices of hazard education before renovation at 40
evaluation, presumption, and hazard CFR part 745, subpart E.
reduction shall be of a size and type that is
easily read by occupants. Sec. 35.135 Use of paint
(2) To the extent practicable, each containing lead.
notice shall be made available, upon request,
(a) New use prohibition. The use of
in a format accessible to persons with
paint containing more than 0.06 percent dry
disabilities (e.g., Braille, large type,
weight of lead on any interior or exterior
computer disk, audio tape).
surface in federally owned housing or
(3) Each notice shall be provided in the
housing receiving Federal assistance is
occupants' primary language or in the
prohibited. As appropriate, each Federal
language of the occupants' contract or lease.
agency shall include the prohibition in
(4) The designated party shall provide
contracts, grants, cooperative agreements,
each notice to the occupants by:
insurance agreements, guaranty agreements,
(i) Posting and maintaining it in
trust agreements, or other similar
centrally located common areas and
documents.
distributing it to any dwelling unit if
(b) Pre-1978 prohibition. In the case of
necessary because the head of household is a
a jurisdiction which banned the sale or
person with a known disability; or
residential use of lead-containing paint
(ii) Distributing it to each occupied
before 1978, HUD may designate an earlier
dwelling unit affected by the evaluation,
date for certain provisions of subparts D and
presumption, or hazard reduction activity or
F through M of this part.
serviced by common areas in which an
evaluation, presumption or hazard reduction
has taken place. Sec. 35.140 Prohibited methods
of paint removal.
Sec. 35.130 Lead hazard The following methods shall not be
information pamphlet. used to remove paint that is, or may be,
lead-based paint:
If provision of a lead hazard
(a) Open flame burning or torching.
information pamphlet is required in subparts
(b) Machine sanding or grinding
D and F through M of this part, the
without a high-efficiency particulate air
designated party shall provide to each
(HEPA) local exhaust control.
occupied dwelling unit to which subparts D
(c) Abrasive blasting or sandblasting
and F through M of this part apply, the lead
without HEPA local exhaust control.
hazard information pamphlet {[[Page
(d) Heat guns operating above 1100
329]]}
degrees Fahrenheit or charring the paint.
(e) Dry sanding or dry scraping, except duplicative or otherwise cause
dry scraping in conjunction with heat guns inefficiencies, HUD may modify or waive
or within 1.0 ft. (0.30 m.) of electrical some or all of the requirements of the
outlets, or when treating defective paint subparts in a manner that will promote
spots totaling no more than 2 sq. ft. (0.2 sq. efficiency while ensuring a comparable level
m.) in any one interior room or space, or of protection.
totaling no more than 20 sq. ft. (2.0 sq. m.) (b) Participant responsibility. Nothing
on exterior surfaces. in this part is intended to relieve any
(f) Paint stripping in a poorly ventilated participant in a program covered by this
space using a volatile stripper that is a subpart of any responsibility for compliance
hazardous substance in accordance with with State, tribal or local laws, ordinances,
regulations of the Consumer Product Safety codes or regulations governing evaluation
Commission at 16 CFR 1500.3, and/or a and hazard reduction. If a State, tribal or
hazardous chemical in accordance with the local law, ordinance, code or regulation
Occupational Safety and Health defines {[[Page 330]]}
Administration regulations at 29 CFR lead-based paint differently than the
1910.1200 or 1926.59, as applicable to the Federal definition, the more protective
work. definition (i.e., the lower level) shall be
followed in that State, tribal or local
Sec. 35.145 Compliance with jurisdiction.
Federal laws and authorities.
All lead-based paint activities,
Sec. 35.155 Minimum
including waste disposal, performed under requirements.
this part shall be performed in accordance (a) Nothing in subparts B, C, D, F
with applicable Federal laws and authorities. through M, and R of this part is intended to
For example, such activities are subject to preclude a designated party or occupant
the applicable environmental review from conducting additional evaluation or
requirements of the National Environmental hazard reduction measures beyond the
Policy Act of 1969 (42 U.S.C. 4321 et seq.), minimum requirements established for each
the Toxic Substances Control Act, Title IV program in this regulation. For example, if
(15 U.S.C. 2860 et seq.), and other the applicable subpart requires visual
environmental laws and authorities (see, assessment, the designated party may choose
e.g., laws and authorities listed in SEC. 50.4 to perform a risk assessment in accordance
of this title). with SEC. 35.1320. Similarly, if the
applicable subpart requires interim controls,
Sec. 35.150 Compliance with a designated party or occupant may choose
other State, tribal, and local to implement abatement in accordance with
SEC. 35.1325.
laws.
(b) To the extent that assistance from
(a) HUD responsibility. If HUD any of the programs covered by subparts B,
determines that a State, tribal or local law, C, D, and F through M of this part is used in
ordinance, code or regulation provides for conjunction with other HUD program
evaluation or hazard reduction in a manner assistance, the most protective requirements
that provides a comparable level of prevail.
protection from the hazards of lead-based
paint poisoning to that provided by the Sec. 35.160 Waivers.
requirements of subparts B, C, D, F through
M and R of this part and that adherence to In accordance with SEC. 5.110 of this
the requirements of subparts B, C, D, F title, on a case-by-case basis and upon
through M, and R of this part, would be determination of good cause, HUD may,
subject to statutory limitations, waive any

provision of subparts B, C, D, F through M, (3) A risk assessment conducted on or
and R of this part. after the date specified in 40 CFR
745.239(b) must have been conducted by a
Sec. 35.165 Prior evaluation or certified risk assessor.
hazard reduction. (4) Paragraph (b) of this section does
not apply in a case where a risk assessment
If an evaluation or hazard reduction
is required in response to the identification
was conducted at a residential property or
of a child with an environmental
dwelling unit before the property or
intervention blood lead level. In such a case,
dwelling unit became subject to the
the requirements in the applicable subpart
for responding to a child with an
M, and R of this part, such an evaluation,
environmental intervention blood lead level
hazard reduction or abatement meets the
shall apply.
(c) Interim controls. If a residential
M, and R of this part and need not be
property is under a program of interim
repeated under the following conditions:
controls and ongoing lead-based paint
(a) Lead-based paint inspection. (1) A
maintenance and reevaluation activities
lead-based paint inspection conducted
established pursuant to a risk assessment
before the date specified in 40 CFR
conducted in accordance with paragraph (b)
745.239(b) meets the requirements of this
of this section, the interim controls that have
part if:
been conducted meet the requirements of
(i) At the time of the inspection the
this part if clearance was achieved after such
lead-based paint inspector was approved by
controls were implemented. In such a case,
a State or Indian tribe to perform lead-based
the program of interim controls and ongoing
paint inspections. It is not necessary that the
activities shall be continued in accordance
State or tribal approval program had EPA
with the requirements of this part. {[[Page
authorization at the time of the inspection.
331]]}
(ii) Notwithstanding paragraph (a)(1)(i)
(d) Abatement. (1) An abatement
of this section, the inspection was conducted
conducted before the date specified in 40
and accepted as valid by a housing agency in
CFR 745.239(b) meets the requirements of
fulfillment of the lead-based paint inspection
this part if:
requirement of the public and Indian
(i) At the time of the abatement the
housing program.
abatement supervisor was approved by a
(2) A lead-based paint inspection
State or Indian tribe to perform lead-based
conducted on or after the effective date
paint abatement. It is not necessary that the
specified in 40 CFR 745.239(b) must have
State or tribal approval program had EPA
been conducted by a certified lead-based
authorization at the time of the abatement.
paint inspector.
(ii) Notwithstanding paragraph (d)(1)(i)
(b) Risk assessment. (1) A risk
of this section, it was conducted and
assessment must be no more than 12 months
accepted by a housing agency in fulfillment
old to be considered current.
of the lead-
(2) A risk assessment conducted before
based paint abatement requirement of
the effective date of 40 CFR 745.239(b)
the public housing program or by an Indian
meets the requirements of this part if at the
housing authority (as formerly defined under
time of the risk assessment the risk assessor
the U.S. Housing Act of 1937) in fulfillment
was approved by a State or Indian tribe to
of the lead-based paint requirement of the
perform risk assessments. It is not necessary
Indian housing program formerly funded
that the State or tribal approval program had
under the U.S. Housing Act of 1937.
EPA authorization at the time of the risk
(2) An abatement conducted on or after
assessment.
the date specified in 40 CFR 745.239(b)
must have been conducted under the
supervision of a certified lead-based paint Subpart C_Disposition of
abatement supervisor.
Residential Property Owned
[64 FR 50208, Sept. 15, 1999; 65 FR by a Federal Agency Other
3387, Jan. 21, 2000] Than HUD
Source: 64 FR 50208, Sept. 15, 1999,
Sec. 35.170 Noncompliance unless otherwise noted.
with the requirements of
subparts B through R of this Sec. 35.200 Purpose and
part. applicability.
(a) Monitoring and enforcement. A The purpose of this subpart C is to
designated party who fails to comply with establish procedures to eliminate as far as
any requirement of subparts B, C, D, F practicable lead-based paint hazards prior to
through M, and R of this part shall be the sale of a residential property that is
subject to the sanctions available under the owned by a Federal agency other than HUD.
relevant Federal housing assistance or The requirements of this subpart apply to
ownership program and may be subject to any residential property offered for sale on
other penalties authorized by law. or after September 15, 2000.
(b) A property owner who informs a
potential purchaser or occupant of lead- Sec. 35.205 Definitions and
based paint or possible lead-based paint other general requirements.
hazards in a residential property or dwelling
Definitions and other general
unit, in accordance with subpart A of this
requirements that apply to this subpart are
part, is not relieved of the requirements to
found in subpart B of this part.
evaluate and reduce lead-based paint
hazards in accordance with subparts B
through R of this part as applicable. Sec. 35.210 Disposition of
residential property
Sec. 35.175 Records. constructed before 1960.
The designated party, as specified in (a) Evaluation. The Federal agency
subparts C, D, and F through M of this part, shall conduct a risk assessment and a lead-
shall keep a copy of each notice, evaluation, based paint inspection in accordance with 40
and clearance or abatement report required CFR 745.227 before the closing of the sale.
by subparts C, D, and F through M of this (b) Abatement of lead-based paint
part for at least three years. Those records hazards. The risk assessment used for the
applicable to a portion of a residential identification of hazards to be abated shall
property for which ongoing lead-based paint have been performed no more than 12
maintenance and/or reevaluation activities months before the beginning of the
are required shall be kept and made abatement. The Federal agency shall abate
available for the Department's review, until all identified lead-based paint hazards in
at least three years after such activities are accordance with 40 CFR 745.227.
no longer required. Abatement is completed {[[Page 332]]}
when clearance is achieved in
accordance with 40 CFR 745.227. Where
abatement of lead-based paint hazards is not
completed before the closing of the sale, the
Federal agency shall be responsible for
assuring that abatement is carried out by the
purchaser before occupancy of the property

as target housing and in accordance with 40 (b) Lead hazard information pamphlet.
CFR 745.227. The owner shall provide the lead hazard
information pamphlet in accordance with
Sec. 35.215 Disposition of SEC. 35.130.
residential property
constructed after 1959 and Sec. 35.315 Risk assessment.
before 1978. Each owner shall complete a risk
assessment in accordance with 40 CFR
The Federal agency shall conduct a risk
745.227(d). Each risk assessment shall be
assessment and a lead-based paint inspection
completed in accordance with the schedule
in accordance with 40 CFR 745.227.
established by the Federal agency.
Evaluation shall be completed before
closing of the sale according to a schedule
determined by the Federal agency. The
Sec. 35.320 Hazard reduction.
results of the risk assessment and lead-based Each owner shall conduct interim
paint inspection shall be made available to controls consistent with the findings of the
prospective purchasers as required in risk assessment report. Hazard reduction
subpart A of this part. shall be conducted in accordance with
subpart R of this part.
Subpart D_Project-Based
Sec. 35.325 Child with an
Assistance Provided by a
environmental intervention
Federal Agency Other Than
blood lead level.
HUD
If a child less than 6 years of age living
Source: 64 FR 50209, Sept. 15, 1999, in a federally assisted dwelling unit has an
unless otherwise noted. environmental intervention blood lead level,
the owner shall immediately conduct a risk
Sec. 35.300 Purpose and assessment in accordance with 40 CFR
applicability. 745.227(d). Interim controls of identified
The purpose of this subpart D is to lead-based paint hazards shall be conducted
establish procedures to eliminate as far as in accordance with SEC. 35.1330. Interim
practicable lead-based paint hazards in a controls are complete when clearance is
residential property that receives more than achieved in accordance with SEC. 35.1340.
$5,000 annually per project in project-based The Federal agency shall establish a
assistance on or after September 15, 2000, timetable for completing risk assessments
under a program administered by a Federal and hazard reduction when an
agency other than HUD. environmental intervention blood lead level
child is identified.
Sec. 35.305 Definitions and
other general requirements. Subpart E [Reserved]
requirements that apply to this subpart are Subpart F_HUD-Owned
found in subpart B of this part. Single Family Property
Source: 64 FR 50209, Sept. 15, 1999,
Sec. 35.310 Notices and unless otherwise noted.
pamphlet.
(a) Notice. A notice of evaluation or
hazard reduction shall be provided to the
occupants in accordance with SEC. 35.125.
Sec. 35.500 Purpose and Sec. 35.600 Purpose and
applicability. applicability.
The purpose of this subpart F is to The purpose of this subpart G is to
establish procedures to eliminate as far as establish procedures to eliminate as far as
practicable lead-based paint hazards in practicable lead-based paint hazards in a
HUD-owned single family properties that multifamily residential property for which
have been built before 1978 and are sold HUD is the owner of the mortgage or the
with mortgages insured under a program owner receives mortgage insurance, under a
administered by HUD. The requirements of program administered by HUD.
this subpart apply to any such residential
properties offered for sale on or after Sec. 35.605 Definitions and
September 15, 2000. {[[Page 333]]} other general requirements.
Sec. 35.505 Definitions and requirements that apply to this subpart are
other general requirements. found in subpart B of this part.
requirements that apply to this subpart are Sec. 35.610 Exemption.
found in subpart B of this part. An application for insurance in
connection with a refinancing transaction
Sec. 35.510 Required where an appraisal is not required under the
procedures. applicable procedures established by HUD
(a) The following activities shall be is excluded from the coverage of this
conducted for all properties to which this subpart.
subpart is applicable:
(1) A visual assessment of all painted Sec. 35.615 Notices and
surfaces in order to identify deteriorated pamphlet.
paint; (a) Notice. If evaluation or hazard
(2) Paint stabilization of all deteriorated reduction is undertaken, the sponsor shall
paint in accordance with SEC. 35.1330(a) provide a notice to occupants in accordance
and (b); and with SEC. 35.125.
(3) Clearance in accordance with SEC. (b) Lead hazard information pamphlet.
35.1340. The sponsor shall provide the lead hazard
(b) Occupancy shall not be permitted information pamphlet in accordance with
until all required paint stabilization is SEC. 35.130.
complete and clearance is achieved.
(c) If paint stabilization and clearance
Sec. 35.620 Multifamily insured
are not completed before the closing of the
sale, the Department shall assure that paint property constructed before
stabilization and clearance are carried out 1960.
pursuant to subpart R of this part by the Except as provided in SEC. 35.630, the
purchaser before occupancy. following requirements apply to multifamily
insured property constructed before 1960:
Subpart G_Multifamily (a) Risk assessment. Before the
Mortgage Insurance issuance of a firm commitment the sponsor
shall conduct a risk assessment in
Source: 64 FR 50209, Sept. 15, 1999, accordance with SEC. 35.1320(b).
unless otherwise noted. (b) Interim controls. (1) The sponsor
shall conduct interim controls in accordance
with SEC. 35.1330 to treat the lead-based

paint hazards identified in the risk with SEC. 35.1325. Whenever practicable,
assessment. Interim controls are considered abatement shall be achieved through the
completed when clearance is achieved in methods of paint removal or component
accordance with SEC. 35.1340. replacement. If paint removal or component
(2) The sponsor shall complete interim replacement are not practicable, that is if
controls before the issuance of the firm such methods would damage substrate
commitment or interim controls may be material considered architecturally
made a condition of the Federal Housing significant, permanent encapsulation or
Administration (FHA) firm commitment, enclosure may be used as methods of
with sufficient repair or rehabilitation funds abatement. Abatement is considered
escrowed at initial endorsement of the FHA complete when clearance is achieved in
insured loan. accordance with SEC. 35.1340. If
(c) Ongoing lead-based paint encapsulation or enclosure is used, the
maintenance activities. Before the issuance sponsor shall incorporate ongoing lead-
of the firm commitment, the sponsor shall based paint maintenance into regular
agree to incorporate ongoing lead-based building operations maintenance activities in
paint maintenance into regular building accordance with SEC. 35.1355.
operations and maintenance activities in (c) Historic properties. Section
accordance with SEC. 35.1355(a). 35.115(a)(13) applies to this section.
Sec. 35.625 Multifamily insured Subpart H_Project-Based

property constructed after 1959 Rental Assistance
and before 1978. Source: 64 FR 50210, Sept. 15, 1999,
Except as provided in SEC. 35.630, unless otherwise noted.
before the issuance of the firm commitment,
the sponsor shall agree to incorporate Sec. 35.700 Purpose and
ongoing lead-based paint maintenance applicability.
practices into regular building operations, in
(a) This subpart H establishes
accordance with SEC. 35.1355(a). {[[Page
procedures to eliminate as far as practicable
334]]}
lead-based paint hazards in residential
properties receiving project-based assistance
Sec. 35.630 Conversions and under a HUD program. The requirements of
major rehabilitations. this subpart apply only to the assisted
The procedures and requirements of dwelling units in a covered property and any
this section apply when a nonresidential common areas servicing those dwelling
property constructed before 1978 is to be units. This subpart does not apply to housing
converted to residential use, or a residential receiving rehabilitation assistance or to
property constructed before 1978 is to public housing, which are covered by
undergo rehabilitation that is estimated to subparts J and M of this part, respectively.
cost more than 50 percent of the estimated (b) For the purposes of competitively
replacement cost after rehabilitation. awarded grants under the Housing
(a) Lead-based paint inspection. Before Opportunities for Persons with AIDS
issuance of a firm FHA commitment, the Program (HOPWA), the Supportive
sponsor shall conduct a lead-based paint Housing Program (42 U.S.C. 11381-11389)
inspection in accordance with SEC. and the Shelter Plus Care Program project-
35.1320(a). based rental assistance and sponsor-based
(b) Abatement. Prior to occupancy, the rental assistance components (42 U.S.C.
sponsor shall conduct abatement of all lead- 11402-11407), the requirements of this
based paint on the property in accordance subpart shall apply to grants awarded
pursuant to Notices of Funding Availability the following schedule or a schedule
published on or after October 1, 1999. For otherwise determined by HUD:
the purposes of formula grants awarded (1) Risk assessments shall be
under the Housing Opportunities for Persons completed on or before September 17, 2001,
with AIDS Program (HOPWA) (42 U.S.C. in a multifamily residential property
12901 et seq.), the requirements of this constructed before 1960.
subpart shall apply to activities for which (2) Risk assessments shall be
program funds are first obligated on or after completed on or before September 15, 2003,
September 15, 2000. in a multifamily residential property
constructed after 1959 and before 1978.
Sec. 35.705 Definitions and (b) Interim controls. Each owner shall
other general requirements. conduct interim controls in accordance with
SEC. 35.1330 to treat the lead-based paint
hazards identified in the risk assessment.
Interim controls are considered completed
when clearance is achieved in accordance
with SEC. 35.1340. Interim controls shall be
Sec. 35.710 Notices and completed no later than the following
pamphlet. schedule:
(a) Notice. If evaluation or hazard (1) In units occupied by families with
reduction is undertaken, each owner shall children of less than 6 years of age and in
provide a notice to occupants in accordance common areas servicing those units, interim
with SEC. 35.125. controls shall be completed no later than 90
(b) Lead hazard information pamphlet. days after the completion of the risk
The owner shall provide the lead hazard assessment. In units in which a child of less
information pamphlet in accordance with than 6 years of age moves in after the
SEC. 35.130. completion of the risk assessment, interim
controls shall be completed no later than 90
Sec. 35.715 Multifamily days after the move-in.
properties receiving more than (2) In all other dwelling units, common
areas, and the remaining portions of the
$5,000 per unit. residential property, interim controls shall be
The requirements of this section shall completed no later than 12 months after
apply to a multifamily residential property completion of the risk assessment for those
that is receiving an average of more than units.
$5,000 per assisted dwelling unit annually in (c) Ongoing lead-based paint
project-based assistance. maintenance and reevaluation activities.
(a) Risk assessment. Each owner shall Effective immediately after completion of
complete a risk assessment in accordance the risk assessment required in SEC.
with SEC. 35.1320(b). A risk assessment is 35.715(a), the owner shall incorporate
considered complete when the owner ongoing lead-based paint maintenance and
receives the risk assessment report. Until the reevaluation into the regular building
owner conducts a risk assessment as operations in accordance with SEC.
required by this section, the requirements of 35.1355, unless all lead-
paragraph (d) of this section shall apply. based paint has been removed. If the
After the risk assessment has been reevaluation identifies new lead-
conducted the requirements of paragraphs based paint hazards, the owner shall
(b) and (c) of {[[Page 335]]} conduct interim controls in accordance with
this section shall apply. Each risk SEC. 35.1330.
assessment shall be completed no later than (d) Transitional requirements--(1)
Effective date. The requirements of this

paragraph shall apply effective September 35.1330(b) before occupancy of a vacant
15, 2000, and continuing until the applicable dwelling unit or, where a unit is occupied,
date specified in SEC. 35.715(a) (1) or (2) or within 30 days of notification of the results
until the owner conducts a risk assessment, of the visual assessment. Paint stabilization
whichever is first. is considered complete when clearance is
(2) Definitions and other general achieved in accordance with SEC. 35.1340.
requirements that apply to this paragraph are (3) Notice. The owner shall provide a
found in subpart B of this part. notice to occupants in accordance with SEC.
(3) Ongoing lead-based paint Sec. 35.125(b) (1) and (c) describing the
maintenance. The owner shall incorporate results of the clearance examination.
ongoing lead-based paint maintenance {[[Page 336]]}
activities into regular building operations, in (b) Ongoing lead-based paint
accordance with SEC. 35.1355(a), except maintenance activities. The owner shall
that clearance is not required. incorporate ongoing lead-based paint
(4) Child with an environmental maintenance activities into regular building
intervention blood lead level. If a child of operations in accordance with SEC.
less than 6 years of age living in a dwelling 35.1355(a), unless all lead-based paint has
unit covered by this paragraph has an been removed.
environmental intervention blood lead level, (c) Child with an environmental
the owner shall comply with the intervention blood lead level. If a child of
requirements of SEC. 35.730. less than 6 years of age living in a dwelling
unit covered by this section has an
Sec. 35.720 Multifamily environmental intervention blood lead level,
properties receiving up to the owner shall comply with the
requirements of SEC. 35.730.
$5,000 per unit, and single
family properties. Sec. 35.725 Section 8 Rent
Effective September 15, 2000, the adjustments.
requirements of this section shall apply to a
multifamily residential property that is HUD may, subject to the availability of
receiving an average of up to and including appropriations for Section 8 contract
$5,000 per assisted dwelling unit annually in amendments, on a project by project basis
project-based assistance and to a single for projects receiving Section 8 project-
family residential property that is receiving based assistance, provide adjustments to the
project-based assistance through the Section maximum monthly rents to cover the costs
8 Moderate Rehabilitation program, the of evaluation for and reduction of lead-based
Project-Based Certificate program, or any paint hazards, as defined in section 1004 of
other HUD program providing project-based the Residential Lead-Based Paint Hazard
assistance. Reduction Act of 1992.
(a) Activities at initial and periodic
inspection.--(1) Visual assessment. During Sec. 35.730 Child with an
the initial and periodic inspections, an environmental intervention
inspector trained in visual assessment for blood lead level.
deteriorated paint surfaces in accordance (a) Risk assessment. Within 15 days
with procedures established by HUD shall after being notified by a public health
conduct a visual assessment of all painted department or other medical health care
surfaces in order to identify any deteriorated provider that a child of less than 6 years of
paint. age living in a dwelling unit to which this
(2) Paint stabilization. The owner shall subpart applies has been identified as having
stabilize each deteriorated paint surface in an environmental intervention blood lead
accordance with SEC. 35.1330(a) and SEC.
level, the owner shall complete a risk assessment have been treated with interim
assessment of the dwelling unit in which the controls or abatement or the public health
child lived at the time the blood was last department certifies that the lead-based paint
sampled and of common areas servicing the hazard reduction is complete. The
dwelling unit. The risk assessment shall be requirements of this paragraph do not apply
conducted in accordance with 35.1320(b) if the owner, between the date the child's
and is considered complete when the owner blood was last sampled and the date the
receives the risk assessment report. The owner received the notification of the
requirements of this paragraph apply environmental intervention blood lead level,
regardless of whether the child is or is not already conducted a risk assessment of the
still living in the unit when the owner unit and common areas servicing the unit
receives the notification of the and completed reduction of identified lead-
environmental intervention blood lead level. based paint hazards.
The requirements of this paragraph (a) shall (d) Notice. If evaluation or hazard
not apply if the owner conducted a risk reduction is undertaken, each owner shall
assessment of the unit and common areas provide a notice to occupants in accordance
servicing the unit between the date the with SEC. 35.125.
child's blood was last sampled and the date (e) Reporting requirement. The owner
when the owner received the notification of shall report the name and address of a child
the environmental intervention blood lead identified as having an environmental
level. If a public health department has intervention blood lead level to the public
already conducted an evaluation of the health department within 5 working days of
dwelling unit, the requirements of this being so notified by {[[Page 337]]}
paragraph shall not apply. any other medical health care
(b) Verification. After receiving professional.
information from a person who is not a
medical health care provider that a child of Subpart I_HUD-Owned and
less than 6 years of age living in a dwelling
unit covered by this subpart may have an
Mortgagee-in-Possession
environmental intervention blood lead level, Multifamily Property
the owner shall immediately verify the Source: 64 FR 50211, Sept. 15, 1999,
information with the public health unless otherwise noted.
department or other medical health care
provider. If that department or provider Sec. 35.800 Purpose and
verifies that the child has an environmental applicability.
intervention blood lead level, such
The purpose of this subpart I is to
verification shall constitute notification, and
establish procedures to eliminate as far as
the owner shall take the action required in
practicable lead-based paint hazards in a
paragraphs (a) and (c) of this section.
HUD-owned multifamily residential
(c) Hazard reduction. Within 30 days
property or a multifamily residential
after receiving the report of the risk
property for which HUD is identified as
assessment conducted pursuant to paragraph
mortgagee-in-possession. The requirements
(a) of this section or the evaluation from the
of this subpart apply to any such property
public health department, the owner shall
that is offered for sale or held or managed
complete the reduction of identified lead-
on or after September 15, 2000.
based paint hazards in accordance with SEC.
35.1325 or SEC. 35.1330. Hazard reduction
is considered complete when clearance is
achieved in accordance with SEC. 35.1340
and the clearance report states that all lead-
based paint hazards identified in the risk

Sec. 35.805 Definitions and controls shall be completed no later than 90
other general requirements. days after the completion of the risk
assessment. In units in which a child of less
Definitions and other general than 6 years of age moves in after the
requirements that apply to this subpart are completion of the risk assessment, interim
found in subpart B of this part. controls shall be completed no later than 90
days after the move-in.
Sec. 35.810 Notices and (b) In all other dwelling units, common
pamphlet. areas, and the remaining portions of the
(a) Notices. When evaluation or hazard residential property, interim controls shall be
reduction is undertaken, the Department completed no later than 12 months after
shall provide a notice to occupants in completion of the risk assessment for those
accordance with SEC. 35.125. units.
(b) Lead hazard information pamphlet. (c) If conveyance of the title by HUD at
HUD shall provide the lead hazard a sale of a HUD-owned property or a
information pamphlet in accordance with foreclosure sale caused by HUD when HUD
SEC. 35.130. is mortgagee-in-
possession occurs before the schedule
Sec. 35.815 Evaluation. in paragraphs (a) and (b) of this section,
HUD shall complete interim controls before
HUD shall conduct a risk assessment
conveyance or foreclosure, or HUD shall be
and a lead-based paint inspection in
responsible for assuring that interim controls
accordance with SEC. 35.1320(a) and (b).
are carried out by the purchaser. If interim
For properties to which this subpart applies
controls are made a condition of sale, such
on September 15, 2000, the lead-based paint
controls shall be completed according to the
inspection and risk assessment shall be
following schedule:
conducted no later than December 15, 2000,
(1) In units occupied by families with
or before publicly advertising the property
children of less than 6 years of age and in
for sale, whichever is sooner. For properties
common areas servicing those units, interim
to which this subpart becomes applicable
controls shall be completed no later than 90
after September 15, 2000, the lead-based
days after the date of the closing of the sale.
paint inspection and risk assessment shall be
In units in which a child of less than 6 years
conducted no later than 90 days after this
of age moves in after the closing of the sale,
subpart becomes applicable or before
interim controls shall be completed no later
publicly advertising the property for sale,
than 90 days after the move-in.
whichever is sooner.
(2) In all other dwelling units, in
common areas servicing those units, and in
Sec. 35.820 Interim controls. the remaining portions of the residential
HUD shall conduct interim controls in property, interim controls shall be completed
accordance with SEC. 35.1330 to treat the no later than 180 days after the closing of
lead-based paint hazards identified in the the sale. {[[Page 338]]}
evaluation conducted in accordance with
SEC. 35.815. Interim controls are Sec. 35.825 Ongoing lead-
considered completed when clearance is based paint maintenance and
achieved in accordance with SEC. 35.1340.
Interim controls of all lead-based paint reevaluation.
hazards shall be completed no later than the HUD shall incorporate ongoing lead-
following schedule: based paint maintenance and reevaluation, in
(a) In units occupied by families with accordance with SEC. 35.1355, into regular
children of less than 6 years of age and in building operations if HUD retains
common areas servicing those units, interim
ownership of the residential property for intervention blood lead level, such
more than 12 months. verification shall constitute notification, and
HUD shall take the action required in
Sec. 35.830 Child with an paragraphs (a) and (c) of this section.
environmental intervention (c) Hazard reduction. Within 30 days
after receiving the report of the risk
blood lead level.
assessment conducted pursuant to paragraph
(a) Risk assessment. Within 15 days (a) of this section or the evaluation from the
after being notified by a public health public health department, HUD shall
department or other medical health care complete the reduction of lead-based paint
provider that a child of less than 6 years of hazards identified in the risk assessment in
age living in a multifamily dwelling unit accordance with SEC. 35.1325 or SEC.
owned by HUD (or where HUD is 35.1330. Hazard reduction is considered
mortgagee-in-possession) has been complete when clearance is achieved in
identified as having an environmental accordance with SEC. 35.1340 and the
intervention blood lead level, HUD shall clearance report states that all lead-based
complete a risk assessment of the dwelling paint hazards identified in the risk
unit in which the child lived at the time the assessment have been treated with interim
blood was last sampled and of common controls or abatement or the public health
areas servicing the dwelling unit. The risk department certifies that the lead-based paint
assessment shall be conducted in accordance hazard reduction is complete. The
with SEC. 35.1320(b) and is considered requirements of this paragraph do not apply
complete when HUD receives the risk if HUD, between the date the child's blood
assessment report. The requirements of this was last sampled and the date HUD received
paragraph apply regardless of whether the the notification of the environmental
child is or is not still living in the unit when intervention blood lead level, conducted a
HUD receives the notification of the risk assessment of the unit and common
environmental intervention blood lead level. areas servicing the unit and completed
The requirements of this paragraph do not reduction of identified lead-based paint
apply if HUD conducted a risk assessment hazards.
of the unit and common areas servicing the (d) Reporting requirement. HUD shall
unit between the date the child's blood was report the name and address of a child
last sampled and the date when HUD identified as having an environmental
received the notification of the intervention blood lead level to the public
environmental intervention blood lead level. health department within 5 working days of
If a public health department has already being so notified by any other health
conducted an evaluation of the dwelling professional.
unit, the requirements of this paragraph shall (e) Closing. If the closing of a sale is
not apply. scheduled during the period when HUD is
(b) Verification. After receiving responding to a case of a child with an
information from a person who is not a environmental intervention blood lead level,
medical health care provider that a child of HUD may arrange for the completion of the
less than 6 years of age living in a procedures required by SEC. 35.830(a)-(d)
multifamily dwelling unit owned by HUD by the purchaser within a reasonable period
(or where HUD is mortgagee-in-possession) of time.
may have an environmental intervention (f) Extensions. The Assistant Secretary
blood lead level, HUD shall immediately for Housing-Federal Housing Commissioner
verify the information with the public health or designee may consider and approve a
department or other medical health care request for an extension of deadlines
provider. If that department or provider established by this section for a lead-based
verifies that the child has an environmental paint inspection, risk assessment, hazard

reduction, and reporting. Such a request may for Persons with AIDS Program (HOPWA)
be considered, however, only during the first (42 U.S.C. 12901 et. seq.), the requirements
six months during which HUD is owner or of this subpart shall apply to activities for
mortgagee-in-possession of a multifamily which program funds are first obligated on
property. {[[Page 339]]} or after September 15, 2000.
(4) For the purposes of competitively
Subpart J_Rehabilitation awarded grants under the HOPWA Program
and the Supportive Housing Program (42
Source: 64 FR 50212, Sept. 15, 1999,
U.S.C. 11481-11389), the requirements of
this subpart shall apply to grants awarded
under Notices of Funding Availability
Sec. 35.900 Purpose and published on or after September 15, 2000.
applicability. (5) For the purposes of the Indian
(a) Purpose and applicability. (1) The CDBG program (SEC. 1003.607 of this
purpose of this subpart J is to establish title), the requirements of this subpart shall
procedures to eliminate as far as practicable not apply to funds whose notice of funding
lead-based paint hazards in a residential availability is announced or funding letter is
property that receives Federal rehabilitation sent before September 15, 2000. Such
assistance under a program administered by project grantees shall be subject to the
HUD. Rehabilitation assistance does not regulations in effect at the time of
include project-based rental assistance, announcement or funding letter.
rehabilitation mortgage insurance or (b) The grantee or participating
assistance to public housing. jurisdiction may assign to a subrecipient or
(2) The requirements of this subpart other entity the responsibilities set forth in
shall not apply to HOME funds which are this subpart.
committed to a specific project in
accordance with SEC. 92.2 of this title Sec. 35.905 Definitions and
before September 15, 2000. Such projects other general requirements.
shall be subject to the requirements of SEC.
92.355 of this title that were in effect at the
time of project commitment or the
requirements of this subpart.
(3) For the purposes of the Indian
Housing Block Grant program and the Sec. 35.910 Notices and
CDBG Entitlement program, the pamphlet.
requirements of this subpart shall apply to (a) Notices. In cases where evaluation
all residential rehabilitation activities or hazard reduction or both are undertaken
(except those otherwise exempted) for as part of federally funded rehabilitation, the
which funds are first obligated on or after grantee, participating jurisdiction, or CILP
September 15, 2000. For the purposes of the recipient, shall provide a notice to occupants
State, HUD-Administered Small Cities, and in accordance with SEC. 35.125.
Insular Areas CDBG programs, the (b) Lead hazard information pamphlet.
requirements of this subpart shall apply to The grantee, participating jurisdiction, or
all covered activities (except those otherwise CILP recipient, shall provide the lead hazard
exempted) for which grant funding is information pamphlet in accordance with
awarded to the unit of local government by SEC. 35.130.
the State or HUD, as applicable, on or after
September 15, 2000. For the purposes of the
Emergency Shelter Grant Program (42
U.S.C. 11371-11378) and the formula grants
awarded under the Housing Opportunities
Sec. 35.915 Calculating (2) Eight out of 10 dwelling units in a
rehabilitation costs, except for residential property receive Federal
rehabilitation assistance. The total amount of
the CILP Program. Federal rehabilitation assistance for the
(a) Applicability. This section applies dwelling units is $90,000, and the total
to recipients of Federal rehabilitation amount of Federal rehabilitation assistance
assistance, except for CILP recipients, for for the common areas and exterior surfaces
which SEC. 35.920 applies. is $10,000. Based on the formula above, the
(b) Rehabilitation assistance. (1) Lead- average per unit amount of Federal
based paint requirements for rehabilitation rehabilitation assistance is $12,250. This is
fall into three categories which depend on illustrated as follows: $12,250 = ($90,000/8)
the amount of rehabilitation assistance + ($10,000/10).
provided. The three categories are:
(i) Assistance of up to and including Sec. 35.920 Calculating
$5,000 per unit;
(ii) Assistance of more than $5,000 per
rehabilitation costs for the
unit up to and including $25,000 per unit; Flexible Subsidy-
and CILP program.
(iii) Assistance of more than $25,000 All dwelling units and common areas in
per unit. a residential property are considered to be
(2) For purposes of implementing SEC. assisted under the CILP program. The cost
Sec. 35.930-35.935, the amount of of rehabilitation is calculated as follows:
rehabilitation assistance is the average per Per Unit Rehab $ = Federal Rehab
{[[Page 340]]} Assistance / Total Number of Units.
unit amount of Federal funds for the
hard costs of rehabilitation, excluding lead- Sec. 35.925 Examples of
based paint hazard evaluation and hazard determining applicable
reduction activities. Costs of site requirements.
preparation, occupant protection, relocation,
interim controls, abatement, clearance and The following examples illustrate how
waste handling attributable to lead-based to determine whether the requirements of
paint hazard reduction are not to be included SEC. Sec. 35.930(b), (c), or (d) apply to a
in the hard costs of rehabilitation. dwelling unit receiving Federal
(c) Calculating rehabilitation rehabilitation assistance (dollar amounts are
assistance. For a residential property that on a per unit basis):
includes both federally assisted and non- (a) If the total amount of Federal
assisted units, the rehabilitation costs of assistance for a dwelling is $2,000, and the
non-assisted units are not included in the hard costs of rehabilitation are $10,000, the
calculation. lead-based paint requirements would be
(1) The average cost of rehabilitation those described in SEC. 35.930(b), because
for the assisted units is calculated as Federal rehabilitation assistance is up to and
follows: including $5,000.
Per Unit Rehabilitation $ = (a/c) + (b/d) (b) If the total amount of Federal
Where: assistance for a dwelling unit is $6,000, and
a= Federal Rehabilitation Assistance the hard costs of rehabilitation are $2,000,
for all assisted units the lead-based paint requirements would be
b= Federal Rehabilitation Assistance those described in SEC. 35.930(b). Although
for common areas and exterior painted the total amount of Federal dollars is more
surfaces than $5,000, only the $2,000 of that total can
c= Number of federally assisted units be applied to rehabilitation. Therefore, the
d= Total number of units

Federal rehabilitation assistance is $2,000 (1) Conduct paint testing or presume
which is not more than $5,000. the presence of lead-based paint, in
(c) If the total amount of Federal accordance with paragraph (a) of this
assistance for a unit is $6,000, and the hard section.
costs of rehabilitation are $6,000, the lead- (2) Perform a risk assessment in the
based paint requirements are those described dwelling units receiving Federal assistance,
in SEC. 35.930(c), because the amount of in common areas servicing those units, and
Federal rehabilitation assistance is more exterior painted surfaces, in accordance with
than $5,000 but not more than $25,000. SEC. 35.1320(b), before rehabilitation
begins.
Sec. 35.930 Evaluation and (3) Perform interim controls in
hazard reduction requirements. accordance with SEC. 35.1330 of all lead-
based paint hazards identified pursuant to
(a) Paint testing. The grantee,
paragraphs (c)(1) and (c)(2) of this section
participating jurisdiction, or CILP recipient
and any lead-based paint hazards created as
shall either perform paint testing on the
a result of the rehabilitation work.
painted surfaces to be disturbed or replaced
(d) Residential property receiving an
during rehabilitation activities, or presume
average of more than $25,000 per unit in
that all these painted surfaces are coated
Federal rehabilitation assistance. Each
with lead-based paint.
grantee, participating jurisdiction, or CILP
(b) Residential property receiving an
recipient shall:
average of up to and including $5,000 per
(1) Conduct paint testing or presume
unit in Federal rehabilitation assistance.
the presence of lead-based paint in
Each grantee, participating jurisdiction, or
accordance with paragraph (a) of this
CILP recipient shall:
section.
(1) Conduct paint testing or presume
(2) Perform a risk assessment in the
the presence of lead-based paint, in
dwelling units receiving Federal assistance
accordance with paragraph (a) of this
and in associated common areas and exterior
section. If paint testing indicates that the
painted surfaces in accordance with SEC.
painted surfaces are not coated with lead-
35.1320(b) before rehabilitation begins.
based paint, safe work practices and
(3) Abate all lead-based paint hazards
clearance are not required.
identified by the paint testing or risk
(2) Implement safe work practices
assessment conducted pursuant to
during rehabilitation work in accordance
paragraphs (d)(1) and (d)(2) of this section,
with SEC. 35.1350 and repair any paint that
and any lead-based paint hazards created as
is disturbed.
a result of the rehabilitation work, in
(3) After completion of any
accordance with SEC. 35.1325, except that
rehabilitation disturbing painted surfaces,
interim controls are acceptable on exterior
perform a clearance examination of the
surfaces that are not disturbed by
{[[Page 341]]}
rehabilitation.
worksite(s) in accordance with SEC.
[64 FR 50214, Sept. 15, 1999; 65 FR
35.1340. Clearance is not required if
3387, Jan. 21, 2000]
rehabilitation did not disturb painted
surfaces of a total area more than that set
forth in SEC. 35.1350(d).
Sec. 35.935 Ongoing lead-
(c) Residential property receiving an based paint maintenance
average of more than $5,000 and up to and activities.
including $25,000 per unit in Federal In the case of a rental property
rehabilitation assistance. Each grantee, receiving Federal rehabilitation assistance
participating jurisdiction, or CILP recipient under the HOME program or the Flexible
shall: Subsidy-CILP program, the grantee,
participating jurisdiction or CILP recipient examination of the affected dwelling units
shall require the property owner to and common areas in accordance with SEC.
incorporate ongoing lead-based paint 35.1340. Clearance shall be achieved before
maintenance activities into regular building residents are allowed to occupy rooms or
operations, in accordance with SEC. spaces in which paint stabilization has been
35.1355(a). performed.
Sec. 35.940 Special Subpart K_Acquisition,

requirements for insular areas. Leasing, Support Services, or
If a dwelling unit receiving Federal Operation
assistance under a program covered by this
Source: 64 FR 50214, Sept. 15, 1999,
subpart is located in an insular area, the
requirements of this section shall apply and
the requirements of SEC. 35.930 shall not
apply. All other sections of this subpart J
Sec. 35.1000 Purpose and
shall apply. The insular area shall conduct applicability.
the following activities for the dwelling unit, (a) The purpose of this subpart K is to
common areas servicing the dwelling unit, establish procedures to eliminate as far as
and the exterior surfaces of the building in practicable lead-based paint hazards in a
which the dwelling unit is located: residential property that receives Federal
(a) Residential property receiving an assistance under certain HUD programs for
average of up to and including $5,000 per acquisition, leasing, support services, or
unit in Federal rehabilitation assistance. (1) operation. Acquisition, leasing, support
Implement safe work practices during services, and operation do not include
rehabilitation work in accordance with SEC. mortgage insurance, sale of federally-owned
35.1350 and repair any paint that is housing, project-based or tenant-based rental
disturbed by rehabilitation. assistance, rehabilitation assistance, or
(2) After completion of any assistance to public housing. For
rehabilitation disturbing painted surfaces, requirements pertaining to those activities or
perform a clearance examination of the types of assistance, see the applicable
worksite(s) in accordance with SEC. subpart of this part.
35.1340. Clearance shall be achieved before (b) The grantee or participating
residents are allowed to occupy the jurisdiction may assign to a subrecipient or
worksite(s). Clearance is not required if other entity the responsibilities set forth in
rehabilitation did not disturb painted this subpart.
surfaces of a total area more than that set (c)(1) The requirements of this subpart
forth in SEC. 35.1350(b). shall not apply to HOME funds which are
(b) Residential property receiving an committed to a specific project in
average of more than $5,000 per unit in accordance with SEC. 92.2 of this title
Federal rehabilitation assistance. (1) Before before September 15, 2000. Such projects
beginning rehabilitation, perform a visual shall be subject to the requirements of SEC.
assessment of all painted surfaces in order to 92.355 of this title that were in effect at the
identify deteriorated paint. time of project commitment, or the
(2) Perform paint stabilization of each requirements of this subpart.
deteriorated paint surface and each painted (2) For purposes of the CDBG
surface being disturbed by rehabilitation, in Entitlement program and the Indian Housing
accordance with SEC. Sec. 35.1330(a) and Block Grant program, the requirements of
(b). {[[Page 342]]} this subpart shall apply to activities (except
(3) After completion of all paint those otherwise exempted) for which funds
stabilization, perform a clearance are first obligated on or after September 15,

2000. For the purposes of the State, HUD- considered an evaluation for purposes of this
Administered Small Cities, and Insular part.
Areas CDBG programs, the requirements of (b) Lead hazard information pamphlet.
this subpart shall apply to all covered The grantee or participating jurisdiction
activities (except those otherwise exempted) shall provide the lead hazard information
for which grant funding is awarded to the pamphlet in accordance with SEC. 35.130.
unit of local government by the State or
HUD, as applicable, on or after September Sec. 35.1015 Visual
15, 2000. For the purposes of the assessment, paint stabilization,
Emergency Shelter Grant Program (42
and maintenance.
U.S.C. 11371-11378) and the formula grants
awarded under the Housing Opportunities If a dwelling unit receives Federal
for Persons with AIDS Program (HOPWA) assistance under a program covered by
(42 U.S.C. 12901 et. seq.), the requirements {[[Page 343]]}
of this subpart shall apply to activities for this subpart, each grantee or
which program funds are first obligated on participating jurisdiction shall conduct the
or after September 15, 2000. following activities for the dwelling unit,
(3) For the purposes of competitively common areas servicing the dwelling unit,
awarded grants under the HOPWA Program and the exterior surfaces of the building in
and the Supportive Housing Program (42 which the dwelling unit is located:
U.S.C. 11481-11389), the requirements of (a) A visual assessment of all painted
this subpart shall apply to grants awarded surfaces in order to identify deteriorated
under Notices of Funding Availability paint;
published on or after September 15, 2000. (b) Paint stabilization of each
(4) For the purposes of the Indian deteriorated paint surface, and clearance, in
CDBG program (SEC. 1003.607 of this accordance with SEC. Sec. 35.1330(a) and
title), the requirements of this subpart shall (b), before occupancy of a vacant dwelling
not apply to funds whose notice of funding unit or, where a unit is occupied,
availability is announced or funding letter is immediately after receipt of Federal
sent before September 15, 2000. Such assistance; and
project grantees shall be subject to the (c) The grantee or participating
regulations in effect at the time of jurisdiction shall incorporate ongoing lead-
announcement or funding letter. based paint maintenance activities into
[64 FR 50213, Sept. 15, 1999; 65 FR regular building operations, in accordance
3387, Jan. 21, 2000] with SEC. 35.1355(a).
(d) The grantee or participating
Sec. 35.1005 Definitions and jurisdiction shall provide a notice to
occupants in accordance with SEC. Sec.
other general requirements. 35.125(b)(1) and (c), describing the results
Definitions and other general of the clearance examination.
found in subpart B of this part. Sec. 35.1020 Funding for
evaluation and hazard
Sec. 35.1010 Notices and
reduction.
pamphlet.
The grantee or participating jurisdiction
(a) Notice. In cases where evaluation or shall determine whether the cost of
hazard reduction, including paint evaluation and hazard reduction is to be
stabilization, is undertaken, each grantee or borne by the owner/
participating jurisdiction shall provide a developer, the grantee or a combination
notice to residents in accordance with SEC. of the owner/developer and the grantee,
35.125. A visual assessment is not
based on program requirements and local the results are reliable. Lead-based paint
program design. inspections of all housing to which this
subpart applies shall be completed no later
Subpart L_Public Housing than September 15, 2000. Revisions or
augmentations of prior inspections found to
Programs be of insufficient quality shall be completed
Source: 64 FR 50215, Sept. 15, 1999, no later than September 17, 2001.
unless otherwise noted. (b) If a lead-based paint inspection has
found the presence of lead-
Sec. 35.1100 Purpose and based paint, or if no lead-based paint
applicability. inspection has been conducted, the PHA
The purpose of this subpart L is to shall conduct a risk assessment according to
establish procedures to eliminate as far as the following schedule, unless a risk
practicable lead-based paint hazards in assessment that meets the conditions of
residential property assisted under the U.S. SEC. 35.165(b) has already been completed:
Housing Act of 1937 (42 U.S.C. 1437 et (1) Risk assessments shall be
seq.) but not including housing assisted completed on or before March 15, 2001, in a
under section 8 of the 1937 Act. multifamily residential property constructed
before 1960.
Sec. 35.1105 Definitions and (2) Risk assessments shall be
completed on or before March 15, 2002, in a
other general requirements. multifamily residential property constructed
Definitions and other general after 1959 and before 1978.
requirements that apply to this subpart are (c) A PHA that advertises a
found in subpart B of this part. construction contract (including
architecture/engineering contracts) for bid or
Sec. 35.1110 Notices and award or plans to start force account work
pamphlet. shall not execute such contract until a lead-
(a) Notice. In cases where evaluation or based paint inspection and, if required, a risk
hazard reduction is undertaken, each public assessment, has taken place and any
housing agency (PHA) shall provide a notice necessary abatement is included in the
to residents in accordance with SEC. 35.125. modernization budget, {[[Page 344]]}
(b) Lead hazard information pamphlet. except for contracts solely for
The PHA shall provide the lead hazard emergency work in accordance with SEC.
information pamphlet in accordance with 35.115(a)(9).
SEC. 35.130. (d) The five-year funding request plan
for CIAP and CGP shall be amended to
include the schedule and funding for lead-
Sec. 35.1115 Evaluation. based paint activities.
(a) A lead-based paint inspection shall
be conducted in all public housing unless a Sec. 35.1120 Hazard reduction.
lead-based paint inspection that meets the
conditions of SEC. 35.165(a) has already (a) Each PHA shall, in accordance with
been completed. If a lead-based paint SEC. 35.1325, abate all lead-based paint and
inspection was conducted by a lead-based lead-based paint hazards identified in the
paint inspector who was not certified, the evaluations conducted pursuant to SEC.
PHA shall review the quality of the 35.1115. The PHA shall abate lead-based
inspection, in accordance with quality paint and lead-based paint hazards in
control procedures established by HUD, to accordance with SEC. 35.1325 during the
determine whether the lead-based paint course of physical improvements conducted
inspection has been properly performed and under the modernization.

(b) In all housing where abatement of based paint hazards shall be conducted in
all lead-based paint and lead- accordance with SEC. 35.1320.
based paint hazards required in (b) If lead-based paint is found in a
paragraph (a) of this section has not yet residential property to be acquired, the cost
occurred, each PHA shall conduct interim of evaluation and abatement shall be
controls, in accordance with SEC. 35.1330, considered when making the cost
of the lead-based paint hazards identified in comparison to justify new construction, as
the most recent risk assessment. well as when meeting maximum total
(1) Interim controls of dwelling units in development cost limitations.
which any child who is less than 6 years of (c) If lead-based paint is found,
age resides and common areas servicing compliance with this subpart is required, and
those dwelling units shall be completed abatement of lead-based paint and lead-
within 90 days of the evaluation under SEC. based paint hazards shall be completed in
35.1330. If a unit becomes newly occupied accordance with SEC. 35.1325 before
by a family with a child of less than 6 years occupancy.
of age or such child moves into a unit,
interim controls shall be completed within Sec. 35.1130 Child with an
90 days after the new occupancy or move-in environmental intervention
if they have not already been completed.
blood lead level.
(2) Interim controls in dwelling units
not occupied by families with one or more (a) Risk assessment. Within 15 days
children of less than 6 years of age, common after being notified by a public health
areas servicing those units, and the department or other medical health care
remaining portions of the residential provider that a child of less than 6 years of
property shall be completed no later than 12 age living in a public housing development
months after completion of the evaluation has been identified as having an
conducted under SEC. 35.1115. environmental intervention blood lead level,
(c) The PHA shall incorporate ongoing the PHA shall complete a risk assessment of
lead-based paint maintenance and the dwelling unit in which the child lived at
reevaluation activities into regular building the time the blood was last sampled and of
operations in accordance with SEC. common areas servicing the dwelling unit,
35.1355. In accordance with SEC. 35.115(a) the provisions of SEC. 35.1115(b)
(6) and (7), this requirement does not apply notwithstanding. The risk assessment shall
to a development or part thereof if it is to be be conducted in accordance with SEC.
demolished or disposed of in accordance 35.1320(b) and is considered complete when
with disposition requirements in part 970 of the PHA receives the risk assessment report.
this title, provided the dwelling unit will The requirements of this paragraph apply
remain unoccupied until demolition, or if it regardless of whether the child is or is not
is not used and will not be used for human still living in the unit when the PHA
habitation. receives the notification of the
environmental intervention blood lead level.
Sec. 35.1125 Evaluation and The requirements of this paragraph shall not
apply if the PHA conducted a risk
hazard reduction before assessment of the unit and common areas
acquisition and development. servicing the unit between the date the
(a) For each residential property child's blood was last sampled and the date
constructed before 1978 and proposed to be {[[Page 345]]}
acquired for a family project (whether or not when the PHA received the notification
it will need rehabilitation) a lead-based paint of the environmental intervention blood lead
inspection and risk assessment for lead- level. If the public health department has
already conducted an evaluation of the
dwelling unit, the requirements of this identified as having an environmental
paragraph shall not apply. intervention blood lead level to the public
(b) Verification. After receiving health department within 5 working days of
information from a person who is not a being so notified by any other medical
medical health care provider that a child of health care professional. The PHA shall also
less than 6 years of age living in a public report each known case of a child with an
housing development may have an environmental intervention blood lead level
environmental intervention blood lead level, to the HUD field office.
the PHA shall immediately verify the (f) Other units in building. If the risk
information with the public health assessment conducted pursuant to paragraph
department or other medical health care (a) of this section identifies lead-based paint
provider. If that department or provider hazards and previous evaluations of the
verifies that the child has an environmental building conducted pursuant to SEC.
intervention blood lead level, such 35.1320 did not identify lead-based paint or
verification shall constitute notification, and lead-based paint hazards, the PHA shall
the housing agency shall take the action conduct a risk assessment of other units of
required in paragraphs (a) and (c) of this the building in accordance with SEC.
section. 35.1320(b) and shall conduct interim
(c) Hazard reduction. Within 30 days controls of identified hazards in accordance
after receiving the report of the risk with the schedule provided in SEC.
assessment conducted pursuant to paragraph 35.1120(c).
(a) of this section or the evaluation from the
public health department, the PHA shall Sec. 35.1135 Eligible costs.
complete the reduction of lead-based paint A PHA may use financial assistance
hazards identified in the risk assessment in received under the modernization program
accordance with SEC. 35.1325 or SEC. (CIAP or CGP) for the notice, evaluation
35.1330. Hazard reduction is considered and reduction of lead-
complete when clearance is achieved in based paint hazards in accordance with
accordance with SEC. 35.1340 and the SEC. 968.112 of this title. Eligible costs
clearance report states that all lead-based include:
paint hazards identified in the risk (a) Evaluation and insurance costs.
assessment have been treated with interim Evaluation and hazard reduction activities,
controls or abatement or the local or State and costs for insurance coverage associated
health department certifies that lead-based with these activities.
paint hazard reduction is complete. The (b) Planning costs. Planning costs are
requirements of this paragraph do not apply costs that are incurred before HUD approval
if the PHA, between the date the child's of the CGP or CIAP application and that are
blood was last sampled and the date the related to developing the CIAP application
owner received the notification of the or carrying out eligible modernization
environmental intervention blood lead level, planning, such as planning for abatement,
already conducted a risk assessment of the detailed design work, preparation of
unit and common areas servicing the unit solicitations, and evaluation. Planning costs
and completed reduction of identified lead- may be funded as a single work item.
based paint hazards. Planning costs shall not exceed 5 percent of
(d) Notice of evaluation and hazard the CIAP funds available to a HUD Field
reduction. The PHA shall notify building Office in a particular fiscal year.
residents of any evaluation or hazard (c) Architectural/engineering and
reduction activities in accordance with SEC. consultant fees. Eligible costs include fees
35.125. for planning, identification of needs,
(e) Reporting requirement. The PHA detailed design work, preparation of
shall report the name and address of a child

construction and bid documents and other years of age, common areas servicing such
required documents, evaluation, planning dwelling units, and exterior painted surfaces
and design for abatement, and inspection of associated with such dwelling units or
work in progress. common areas. Common areas servicing a
(d) Environmental intervention blood dwelling unit include those areas through
lead level response costs. The PHA may use which residents pass to gain access to the
its operating reserves and, when {[[Page unit and other areas frequented by resident
346]]} children of less than 6 years of age,
necessary, may request reimbursement including on-site play areas and child care
from the current fiscal year CIAP funds, or facilities.
request the reprogramming of previously (2) For the purposes of the Section 8
approved CIAP funds to cover the costs of tenant-based certificate program and the
evaluation and hazard reduction. Section 8 voucher program:
(i) The requirements of this subpart are
Sec. 35.1140 Insurance applicable where an initial or periodic
coverage. inspection occurs on or after September 15,
2000; and
For the requirements concerning the
(ii) The PHA shall be the designated
obligation of a PHA to obtain reasonable
party.
insurance coverage with respect to the
(3) For the purposes of formula grants
hazards associated with evaluation and
awarded under the Housing Opportunities
hazard reduction activities, see SEC.
for Persons with AIDS Program (HOPWA)
965.215 of this title.
(42 U.S.C. 12901 et seq.):
(i) The requirements of this subpart
Subpart M_Tenant-Based shall apply to activities for which program
Rental Assistance funds are first obligated on or after
Source: 64 FR 50216, Sept. 15, 1999, September 15, 2000; and
unless otherwise noted. (ii) The grantee shall be the designated
party.
Sec. 35.1200 Purpose and (4) For the purposes of competitively
awarded grants under the HOPWA Program
applicability. and the Shelter Plus Care program (42
(a) Purpose. The purpose of this subpart U.S.C. 11402-11407) tenant-based rental
M is to establish procedures to eliminate as assistance component:
far as practicable lead-based paint hazards in (i) The requirements of this subpart
housing occupied by families receiving shall apply to grants awarded pursuant to
tenant-based rental assistance. Such Notices of Funding Availability published
assistance includes tenant-based rental on or after September 15, 2000; and
assistance under the Section 8 certificate (ii) The grantee shall be the designated
program, the Section 8 voucher program, the party.
HOME program, the Shelter Plus Care (5) For the purposes of the HOME
program, the Housing Opportunities for program:
Persons With AIDS (HOPWA) program, (i) The requirements of this subpart
and the Indian Housing Block Grant shall not apply to funds which are
program. Tenant-based rental assistance committed in accordance with SEC. 92.2 of
means rental assistance that is not attached this title before September 15, 2000; and
to the structure. (ii) The participating jurisdiction shall
(b) Applicability. (1) This subpart be the designated party.
applies only to dwelling units occupied or to (6) For the purposes of the Indian
be occupied by families or households that Housing Block Grant program:
have one or more children of less than 6
(i) The requirements of this subpart (b) The owner shall stabilize each
shall apply to activities for which funds are deteriorated paint surface in accordance with
first obligated on or after September 15, SEC. 35.1330(a) and (b) before
2000; and commencement of assisted occupancy. If
(ii) The IHBG recipient shall be the assisted occupancy has commenced prior to
designated party. a periodic inspection, such paint
(7) The housing agency, grantee, stabilization must be completed within 30
participating jurisdiction, or IHBG recipient days of notification of the owner of the
may assign to a subrecipient or other entity results of the visual assessment. Paint
the responsibilities of the designated party in stabilization is considered complete when
this subpart. clearance is achieved in accordance with
[64 FR 50216, Sept. 15, 1999; 65 FR SEC. 35.1340.
3387, Jan. 21, 2000] (c) The owner shall provide a notice to
occupants in accordance with SEC.
Sec. 35.1205 Definitions and 35.125(b)(1) and (c) describing the results of
other general requirements. the clearance examination.
Sec. 35.1220 Ongoing lead-
found in subpart B of this part. based paint maintenance
activities.
Sec. 35.1210 Notices and The owner shall incorporate ongoing
pamphlet. lead-based paint maintenance activities into
(a) Notice. In cases where evaluation or regular building operations in accordance
paint stabilization is undertaken, {[[Page with SEC. 35.1355(a).
347]]}
the owner shall provide a notice to Sec. 35.1225 Child with an
residents in accordance with SEC. 35.125. A environmental intervention
visual assessment is not an evaluation. blood lead level.
(b) Lead hazard information pamphlet. (a) Within 15 days after being notified
The owner shall provide the lead hazard by a public health department or other
information pamphlet in accordance with medical health care provider that a child of
SEC. 35.130. less than 6 years of age living in an assisted
dwelling unit has been identified as having
Sec. 35.1215 Activities at initial an environmental intervention blood lead
and periodic inspection. level, the designated party shall complete a
(a) (1) During the initial and periodic risk assessment of the dwelling unit in
inspections, an inspector acting on behalf of which the child lived at the time the blood
the designated party and trained in visual was last sampled and of the common areas
assessment for deteriorated paint surfaces in servicing the dwelling unit. The risk
accordance with procedures established by assessment shall be conducted in accordance
HUD shall conduct a visual assessment of with SEC. 35.1320(b). When the risk
all painted surfaces in order to identify any assessment is complete, the designated party
deteriorated paint. shall immediately provide the report of the
(2) For tenant-based rental assistance risk assessment to the owner of the dwelling
provided under the HOME program, visual unit. If the child identified as having an
assessment shall be conducted as part of the environmental intervention blood lead level
initial and periodic inspections required is no longer living in the unit when the
under SEC. 92.209(i) of this title. designated party receives notification from
the public health department or other

medical health care provider, but another the owner does not complete the hazard
household receiving tenant-based rental reduction required by this section, the
assistance is living in the unit or is planning dwelling unit is in violation of Housing
to live there, the requirements of this section Quality Standards (HQS).
apply just as they do if the child still lives in (d) Notice of evaluation and hazard
the unit. If a public health department has reduction. The owner shall notify building
already conducted an evaluation of the residents of any evaluation or hazard
dwelling unit, or the designated party reduction activities in accordance with SEC.
conducted a risk assessment of the unit and 35.125.
common areas servicing the unit between (e) Reporting requirement. The
the date the child's blood was last sampled designated party shall report the name and
and the date when the designated party address of a child identified as having an
received the notification of the environmental intervention blood lead level
environmental intervention blood lead level, to the public health department within 5
the requirements of this paragraph shall not working days of being so notified by any
apply. other medical health care professional.
(b) Verification. After receiving (f) Data collection and record keeping
information from a source other than a responsibilities. At least quarterly, the
public health department or other medical designated party shall attempt to obtain from
health care provider that a child of less than the public health department(s) with area(s)
6 years of age living in an assisted dwelling of jurisdiction similar to that of the
unit may have an environmental intervention designated party the names and/or addresses
blood lead level, the designated party shall of children of less than 6 years of age with
immediately verify the information with a an identified environmental intervention
public health department or other medical blood lead level. At least quarterly, the
health care provider. If that department or designated party shall also report an updated
provider verifies that the child has an list of the addresses of units receiving
environmental intervention blood lead level, assistance under a tenant-based rental
such verification shall constitute notification assistance program to the same public health
to the designated party as provided in department(s), except that the report(s) to
paragraph (a) of this section, and the the public health department(s) is not
designated party shall take the action required if the health department states that
required in paragraphs (a) and (c) of this it does not wish to receive such report. If it
section. obtains names and addresses of
(c) Hazard reduction. Within 30 days environmental intervention blood lead level
after receiving the risk assessment report children from the public health
from the designated party or the evaluation department(s), the designated party shall
from the public health department, the match information on cases of
owner shall complete the reduction of environmental intervention blood lead levels
identified lead-based paint hazards in with the names and addresses of families
accordance with SEC. 35.1325 or {[[Page receiving tenant-based rental assistance,
348]]} unless the public health department
Sec. 35.1330. Hazard reduction is performs such a matching procedure. If a
considered complete when clearance is match occurs, the designated party shall
achieved in accordance with SEC. 35.1340 carry out the requirements of this section.
and the clearance report states that all lead- Subparts N-Q [Reserved]
based paint hazards identified in the risk
assessment have been treated with interim Subpart R_Methods and
controls or abatement or when the public
health department certifies that the lead-
Standards for Lead-Paint
based paint hazard reduction is complete. If
Hazard Evaluation and Sec. 35.1320 Lead-based paint

Hazard Reduction Activities inspections and risk
Source: 64 FR 50218, Sept. 15, 1999, assessments.
unless otherwise noted. (a) Lead-based paint inspections. Lead-
based paint inspections shall be performed
Sec. 35.1300 Purpose and in accordance with methods and standards
applicability. established either by a {[[Page 349]]}
State or Indian tribe under a program
The purpose of this subpart R is to
authorized by EPA, or by EPA at 40 CFR
provide standards and methods for
745.227(b), except that the definition of
evaluation and hazard reduction activities
lead-based paint shall not include a loading
required in subparts B, C, D, and F through
(area concentration) or mass concentration
M of this part.
greater than that in the definition at SEC.
35.110 of this part.
Sec. 35.1305 Definitions and (b) Risk assessments. (1) Risk
other general requirements. assessments shall be performed in
Definitions and other general accordance with methods and standards
requirements that apply to this subpart are established either by a State or Indian tribe
found in subpart B of this part. under a program authorized by EPA, or by
EPA at 40 CFR 745.227(d), and paragraph
Sec. 35.1310 References. (b)(2) of this section.
(2) Risk assessors shall use levels
Further guidance information regarding
defining dust-lead hazards and soil-lead
evaluation and hazard reduction activities
hazards that are no greater than those
described in this subpart is found in the
promulgated by EPA pursuant to section 403
following:
of the Toxic Substances Control Act (15
(a) The HUD Guidelines for the
U.S.C. 2683), or, if such levels are not in
Evaluation and Control of Lead-Based Paint
effect, the following for dust or soil:
Hazards in Housing (Guidelines);
(i) Dust. A dust-lead hazard shall be a
(b) The EPA Guidance on Residential
dust-lead level equal to or greater than the
Lead-Based Paint, Lead-
applicable loading (area concentration),
Contaminated Dust, and Lead
based on wipe samples, in the following
Contaminated Soil;
table:
(c) Guidance, methods or protocols
Interim Dust Lead Standards
issued by States and Indian tribes that have
------------------------------------------------
been authorized by EPA under 40 CFR
------------------------------------------------------
745.324 to administer and enforce lead-
----------
based paint programs.
Surface
---------------- Interior
Sec. 35.1315 Collection and Evaluation method Floors, [mu]g/
laboratory analysis of samples. window sills, Window troughs, [mu]g/ft \2\
All paint chip, dust, or soil samples (mg/m
shall be collected and analyzed in ft \2\ (mg/m [mu]g/ft\2\ \2\)
accordance with standards established either \2\) (mg/m \2\)
by a State or Indian tribe under a program ------------------------------------------------
authorized by EPA in accordance with 40 ------------------------------------------------------
CFR part 745, subpart Q, or by the EPA in ----------
accordance with 40 CFR 745.227, and as Lead Hazard Screen......................... 25
further provided in this subpart. (0.27) 125 (1.4) Not Applicable.

Risk Assessment............................ 40 completed by achieving clearance in
(0.43) 250 (2.7) Not Applicable. accordance with SEC. 35.1340. If
Reevaluation............................... 40 encapsulation or enclosure is used as a
(0.43) 250 (2.7) Not Applicable. method of abatement, ongoing lead-based
Clearance.................................. 40 paint maintenance activities shall be
(0.43) 250 (2.7) 800 (8.6). performed as required by the applicable
------------------------------------------------ subpart of this part in accordance with SEC.
------------------------------------------------------ 35.1355. Abatement of an intact, factory-
---------- applied prime coating on metal surfaces is
Note: ``Floors'' includes carpeted and not required unless the surface is a friction
uncarpeted interior floors. surface.
(ii) Soil. (A) A soil-lead hazard for play
areas frequented by children under 6 years Sec. 35.1330 Interim controls.
of age shall be bare soil with lead equal to or Interim controls of lead-based paint
exceeding 400 micrograms per gram. hazards identified in a risk assessment shall
(B) For other areas, soil-lead hazards be conducted in accordance with the
shall be bare soil that totals more than 9 provisions of this section. Interim control
square feet (0.8 square meters) per property measures include paint stabilization of
with lead equal to or exceeding 2,000 deteriorated paint, treatments for friction and
micrograms per gram. impact surfaces where levels of lead dust are
(3) Lead hazard screens shall be above the {[[Page 350]]}
performed in accordance with the methods levels specified in SEC. 35.1320, dust
and standards established either by a State or control, and lead-contaminated soil control.
Indian tribe under a program authorized by As provided by SEC. 35.155, interim
EPA, or by EPA at 40 CFR 745.227(c), and controls may be performed in combination
paragraph (b)(2) of this section. If the lead with, or be replaced by, abatement methods.
hazard screen indicates the need for a (a) General requirements. (1) Only
follow-up risk assessment (e.g., if dust-lead those interim control methods identified as
measurements exceed the levels established acceptable methods in a current risk
for lead hazard screens in this section), a assessment report shall be used to control
risk assessment shall be conducted in identified hazards, except that, if only paint
accordance with paragraphs (b)(1) and stabilization is required in accordance with
(b)(2) of this section. Dust, soil, and paint subparts F, H, K or M of this part, it shall
samples collected for the lead hazard screen not be necessary to have conducted a risk
may be used in the risk assessment. If the assessment.
lead hazard screen does not indicate the (2) Occupants of dwelling units where
need for a follow-up risk assessment, no interim controls are being performed shall
further risk-assessment is required. be protected during the course of the work in
(c) It is strongly recommended, but not accordance with SEC. 35.1345.
required, that lead-based paint inspectors (3) Clearance testing shall be
and risk assessors provide a summary of the performed at the conclusion of interim
results suitable for posting or distribution to control activities in accordance with SEC.
occupants in compliance with SEC. 35.125. 35.1340.
(4) A person performing interim
Sec. 35.1325 Abatement. controls must be trained in accordance with
Abatement shall be performed in 29 CFR 1926.59 and either be supervised by
accordance with methods and standards an individual certified as a lead-based paint
established either by a State or Indian tribe abatement supervisor or have successfully
under a program authorized by EPA, or by completed one of the following courses:
EPA at 40 CFR 745.227(e), and shall be
(i) A lead-based paint abatement (5) Paint stabilization shall include the
supervisor course accredited in accordance application of a new protective coating or
with 40 CFR 745.225; paint. The surface substrate shall be dry and
(ii) A lead-based paint abatement protected from future moisture damage
worker course accredited in accordance with before applying a new protective coating or
40 CFR 745.225; paint. All protective coatings and paints
(iii) The Lead-Based Paint shall be applied in accordance with the
Maintenance Training Program, ``Work manufacturer's recommendations.
Smart, Work Wet, and Work Clean to Work (6) Paint stabilization shall incorporate
Lead Safe,'' prepared by the National the use of safe work practices in accordance
Environmental Training Association for with SEC. 35.1350.
EPA and HUD; (c) Friction and impact surfaces. (1)
(iv) ``The Remodeler's and Renovator's Friction surfaces are required to be treated
Lead-Based Paint Training Program,'' only if:
prepared by HUD and the National (i) Lead dust levels on the nearest
Association of the Remodeling Industry; or horizontal surface underneath the friction
(v) Another course approved by HUD surface (e.g., the window sill, window
for this purpose after consultation with EPA. trough, or floor) are equal to or greater than
(b) Paint stabilization. (1) Interim the standards specified in 35.1320(b);
control treatments used to stabilize (ii) There is evidence that the paint
deteriorated lead-based paint shall be surface is subject to abrasion; and
performed in accordance with the (iii) Lead-based paint is known or
requirements of this section. Interim control presumed to be present on the friction
treatments of intact, factory applied prime surface.
coatings on metal surfaces are not required. (2) Impact surfaces are required to be
Finish coatings on such surfaces shall be treated only if:
treated by interim controls if those coatings (i) Paint on an impact surface is
contain lead-based paint. damaged or otherwise deteriorated; {[[Page
(2) Any physical defect in the substrate 351]]}
of a painted surface or component that is (ii) The damaged paint is caused by
causing deterioration of the surface or impact from a related building component
component shall be repaired before treating (such as a door knob that knocks into a wall,
the surface or component. Examples of or a door that knocks against its door frame);
defective substrate conditions include dry- and
rot, rust, moisture-related defects, crumbling (iii) Lead-based paint is known or
plaster, and missing siding or other presumed to be present on the impact
components that are not securely fastened. surface.
(3) Before applying new paint, all loose (3) Examples of building components
paint and other loose material shall be that may contain friction or impact surfaces
removed from the surface to be treated. include the following:
Acceptable methods for preparing the (i) Window systems;
surface to be treated include wet scraping, (ii) Doors;
wet sanding, and power sanding performed (iii) Stair treads and risers;
in conjunction with a HEPA filtered local (iv) Baseboards;
exhaust attachment operated according to (v) Drawers and cabinets; and
the manufacturer's instructions. (vi) Porches, decks, interior floors, and
(4) Dry sanding or dry scraping is any other painted surfaces that are abraded,
permitted only in accordance with SEC. rubbed, or impacted.
35.140(e) (i.e., for electrical safety reasons (4) Interim control treatments for
or for specified minor amounts of work). friction surfaces shall eliminate friction
points or treat the friction surface so that

paint is not subject to abrasion. Examples of covering or coating, such as metal coil
acceptable treatments include rehanging stock, plastic, polyurethane, or linoleum.
and/or planing doors so that the door does (3) Surfaces covered by a rug or
not rub against the door frame, and installing carpeting shall be cleaned as follows:
window channel guides that reduce or (i) The floor surface under a rug or
eliminate abrasion of painted surfaces. Paint carpeting shall be cleaned where feasible,
on stair treads and floors shall be protected including upon removal of the rug or
with a durable cover or coating that will carpeting, with a HEPA vacuum or other
prevent abrasion of the painted surfaces. method of equivalent efficacy.
Examples of acceptable materials include (ii) An unattached rug or an attached
carpeting, tile, and sheet flooring. carpet that is to be removed, and padding
(5) Interim control treatments for associated with such rug or carpet, located in
impact surfaces shall protect the paint from an area of the dwelling unit with dust-lead
impact. Examples of acceptable treatments hazards on the floor, shall be thoroughly
include treatments that eliminate impact vacuumed with a HEPA vacuum or other
with the paint surface, such as a door stop to method of equivalent efficacy. Protective
prevent a door from striking a wall or measures shall be used to prevent the spread
baseboard. of dust during removal of a rug, carpet or
(6) Interim control for impact or padding from the dwelling. For example, it
friction surfaces does not include covering shall be misted to reduce dust generation
such a surface with a coating or other during removal. The item(s) being removed
treatment, such as painting over the surface, shall be wrapped or otherwise sealed before
that does not protect lead-based paint from removal from the worksite.
impact or abrasion. (iii) An attached carpet located in an
(d) Chewable surfaces. (1) Chewable area of the dwelling unit with dust-lead
surfaces are required to be treated only if hazards on the floor shall be thoroughly
there is evidence that a child of less than 6 vacuumed with a HEPA vacuum or other
years of age has chewed on the painted method of equivalent efficacy if it is not to
surface, and lead-based paint is known or be removed.
presumed to be present on the surface. (f) Soil-lead hazards. (1) Interim
(2) Interim control treatments for control treatments used to control soil-lead
chewable surfaces shall make the lead-based hazards shall be performed in accordance
paint inaccessible for chewing by children of with this section.
less than 6 years of age. Examples include (2) Soil with a lead concentration equal
enclosures or coatings that cannot be to or greater than 5,000 [mu]g/g of lead shall
penetrated by the teeth of such children. be abated in accordance with 40 CFR
(e) Dust-lead hazard control. (1) 745.227(e). {[[Page 352]]}
Interim control treatments used to control (3) Acceptable interim control methods
dust-lead hazards shall be performed in for soil lead are impermanent surface
accordance with the requirements of this coverings and land use controls.
section. Additional information on dust (i) Impermanent surface coverings may
removal is found in the HUD Guidelines, be used to treat lead-
particularly Chapter 11 (see SEC. 35.1310). contaminated soil if applied in
(2) Dust control shall involve a accordance with the following requirements.
thorough cleaning of all horizontal surfaces, Examples of acceptable impermanent
such as interior window sills, window coverings include gravel, bark, sod, and
troughs, floors, and stairs, but excluding artificial turf.
ceilings. All horizontal surfaces, such as (A) Impermanent surface coverings
floors, stairs, window sills and window selected shall be designed to withstand the
troughs, that are rough, pitted, or porous reasonably-expected traffic. For example, if
shall be covered with a smooth, cleanable
the area to be treated is heavily traveled, (d) Bare residential soil. Bare soil shall
neither grass or sod shall be used. be treated in accordance with the
(B) When loose impermanent surface requirements of SEC. 35.1330, unless it is
coverings such as bark or gravel are used, found not to be a soil-lead hazard in
they shall be applied in a thickness not less accordance with SEC. 35.1320(b).
than six inches deep. (e) Safe work practices. All standard
(C) The impermanent surface covering treatments described in paragraphs (a)
material shall not contain more than 200 through (d) of this section shall incorporate
[mu]g/g of lead. the use of safe work practices in accordance
(D) Adequate controls to prevent with SEC. 35.1350.
erosion shall be used in conjunction with (f) Clearance. A clearance examination
impermanent surface coverings. shall be performed in accordance with SEC.
(ii) Land use controls may be used to 35.1340 at the conclusion of any lead hazard
reduce exposure to soil-lead hazards only if reduction activities.
they effectively control access to areas with (g) Qualifications. An individual
soil-lead hazards. Examples of land use performing standard treatments must meet
controls include: fencing, warning signs, and the training and/or supervision requirements
landscaping. of SEC. 35.1330(a)(4).
(A) Land use controls shall be
implemented only if residents have Sec. 35.1340 Clearance.
reasonable alternatives to using the area to Clearance examinations required under
be controlled. subparts B, C, D, F through M, and R, of
(B) If land use controls are used for a this part shall be performed in accordance
soil area that is subject to erosion, measures with the provisions of this section.
shall be taken to contain the soil and control (a) Clearance following abatement.
dispersion of lead. Clearance examinations performed
following abatement of lead-based paint or
Sec. 35.1335 Standard lead-based paint hazards shall be performed
treatments. in accordance with 40 CFR 745.227(e) and
Standard treatments shall be conducted paragraphs (c)-(f) of this section. Such
in accordance with this section. clearances shall be performed by a person
(a) Paint stabilization. All deteriorated certified to perform risk assessments or lead-
paint on exterior and interior surfaces based paint inspections.
located on the residential property shall be (b) Clearance following activities other
stabilized in accordance with SEC. than abatement. Clearance examinations
35.1330(a)(b), or abated in accordance with performed following interim controls, paint
SEC. 35.1325. stabilization, standard treatments, ongoing
(b) Smooth and cleanable horizontal lead-based paint maintenance, or
surfaces. All horizontal surfaces, such as rehabilitation shall be performed in
uncarpeted floors, stairs, interior window accordance with the requirements of this
sills and window troughs, that are rough, paragraph (b) and paragraphs (c)-(g) of this
pitted, or porous, shall be covered with a section.
smooth, cleanable covering or coating, such (1) Qualified personnel. Clearance
as metal coil stock, plastic, polyurethane, or examinations shall be performed by:
linoleum. (i) A certified risk assessor;
(c) Correcting dust-generating (ii) A certified lead-based paint
conditions. Conditions causing friction or inspector;
impact of painted surfaces shall be corrected (iii) A person who has successfully
in accordance with SEC. 35.1330(c)(4)-(6). completed a training course for clearance
technicians (or a discipline of similar

purpose and title) that is developed or (ii) The visual assessment shall be
accepted by EPA or a State or {[[Page performed to determine if deteriorated paint
353]]} surfaces and/or visible amounts of dust,
tribal program authorized by EPA debris, paint chips or other residue are still
pursuant to 40 CFR part 745, subpart Q, and present. Both exterior and interior painted
that is given by a training provider surfaces shall be examined for the presence
accredited by EPA or a State or Indian tribe of deteriorated paint. If deteriorated paint or
for training in lead-based paint inspection or visible dust, debris or residue are present in
risk assessment, provided a certified risk areas subject to dust sampling, they must be
assessor or a certified lead-based paint eliminated prior to the continuation of the
inspector approves the work of the clearance clearance examination, except elimination of
technician and signs the report of the deteriorated paint is not required if it has
clearance examination; or been determined, through paint testing or a
(iv) A technician licensed or certified lead-based paint inspection, that the
by EPA or a State or Indian tribe to perform deteriorated paint is not lead-based paint. If
clearance examinations without the approval exterior painted surfaces have been
of a certified risk assessor or certified lead- disturbed by the hazard reduction,
based paint inspector, provided that a maintenance or rehabilitation activity, the
clearance examination by such a licensed or visual assessment shall include an
certified technician shall be performed only assessment of the ground and any outdoor
for a single-family property or individual living areas close to the affected exterior
dwelling units and associated common areas painted surfaces. Visible dust or debris in
in a multi-unit property, and provided living areas shall be cleaned up and visible
further that a clearance examination by a paint chips on the ground shall be removed.
such a licensed or certified clearance (iii) Dust samples shall be wipe
technician shall not be performed using samples and shall be taken on floors and,
random sampling of dwelling units or where practicable, interior window sills and
common areas in multifamily properties, window troughs. Dust samples shall be
except that a clearance examination collected and analyzed in accordance with
performed by such a licensed or certified SEC. 35.1315 of this part.
clearance technician is acceptable for any (iv) Clearance reports shall be prepared
residential property if the clearance in accordance with paragraph (c) of this
examination is approved and the report section.
signed by a certified risk assessor or a (c) Clearance report. When clearance is
certified lead-based paint inspector. required, the designated party shall ensure
(2) Required activities. (i) Clearance that a clearance report is prepared that
examinations shall include a visual provides documentation of the hazard
assessment, dust sampling, submission of reduction or maintenance activity as well as
samples for analysis for lead, interpretation the clearance examination. When abatement
of sampling results, and preparation of a is performed, the report shall be an
report. Clearance examinations shall be abatement report in accordance with 40 CFR
performed in dwelling units, common areas 745.227(e)(10). When another hazard
and exterior areas in accordance with this reduction or maintenance activity requiring
section and the steps set forth at 40 CFR a clearance report is performed, the report
745.227(e)(8). If clearance is being shall include the following information:
performed for more than 10 dwelling units (1) The address of the residential
of similar construction and maintenance, as property and, if only part of a multifamily
in a multifamily property, random sampling property is affected, the specific dwelling
for the purposes of clearance may be units and common areas affected.
conducted in accordance with 40 CFR (2) The following information on the
745.227(e)(9). clearance examination:
(i) The date(s) of the clearance clearance level in SEC. 35.1320(b)(2) is
examination; met.
(ii) The name, address, and signature of (f) Independence. Clearance
each person performing the clearance examinations shall be performed by persons
examination, including certification number; or entities independent of those performing
(iii) The results of the visual hazard reduction or maintenance activities,
assessment for the presence of deteriorated unless the designated party uses qualified in-
{[[Page 354]]} house employees to conduct clearance.
paint and visible dust, debris, residue or An in-house employee shall not conduct
paint chips; both a hazard reduction or maintenance
(iv) The results of the analysis of dust activity and its clearance examination.
samples, in [mu]g/sq.ft., by location of (g) Worksite clearance. When clearance
sample; and is of an interior worksite, not an entire
(v) The name and address of each dwelling unit or residential property, dust
laboratory that conducted the analysis of the samples taken for paragraph (b) of this
dust samples, including the identification section shall be taken from the floor and
number for each such laboratory recognized window (if available) to represent the area
by EPA under section 405(b) of the Toxic within the dust containment area. Clearance
Substances Control Act (15 U.S.C. 2685(b)). is not required if maintenance or hazard
(3) The following information on the reduction activities in the worksite do not
hazard reduction or maintenance activity for disturb painted surfaces of a total area more
which clearance was performed: than that set forth in SEC. 35.1350(d)
(i) The start and completion dates of the
hazard reduction or maintenance activity; Sec. 35.1345 Occupant
(ii) The name and address of each firm protection and worksite
or organization conducting the hazard
preparation.
reduction or maintenance activity and the
name of each supervisor assigned; This section establishes procedures for
(iii) A detailed written description of protecting dwelling unit occupants and the
the hazard reduction or maintenance environment from contamination from lead-
activity, including the methods used, contaminated or lead-containing materials
locations of exterior surfaces, interior during hazard reduction activities.
rooms, common areas, and/or components (a) Occupant protection. (1) Occupants
where the hazard reduction activity shall not be permitted to enter the worksite
occurred, and any suggested monitoring of during hazard reduction activities (unless
encapsulants or enclosures; and they are employed in the conduct of these
(iv) If soil hazards were reduced, a activities at the worksite), until after hazard
detailed description of the location(s) of the reduction work has been completed and
hazard reduction activity and the method(s) clearance, if required, has been achieved.
used. (2) Occupants shall be temporarily
(d) Standards. The clearance standards relocated before and during hazard reduction
in SEC. 35.1320(b)(2) shall apply. If test activities to a suitable, decent, safe, and
results equal or exceed the standards, the similarly accessible dwelling unit that does
dwelling unit, worksite, or common area not have lead-based paint hazards, except if:
represented by the sample fails the clearance (i) Treatment will not disturb lead-
examination. based paint, dust-lead hazards or soil-lead
(e) Clearance failure. All surfaces hazards;
represented by a failed clearance sample (ii) Only the exterior of the dwelling
shall be recleaned or treated by hazard unit is treated, and windows, doors,
reduction, and retested, until the applicable ventilation intakes and other openings in or
near the worksite are sealed during hazard

control work and cleaned afterward, and exterior hazard reduction activity, where it is
entry free of dust-lead hazards, soil-lead easily read 20 feet (6 meters) from the edge
hazards, and debris is provided; of the hazard reduction activity worksite.
(iii) Treatment of the interior will be Each warning sign shall be as described in
completed within one period of 8-daytime 29 CFR 1926.62(m), except that it shall be
hours, the worksite is contained so as to posted irrespective of employees' lead
prevent the release of leaded dust and debris exposure and, to the extent practicable,
into other areas, and treatment does not provided in the occupants' primary
create other safety, health or environmental language.
hazards (e.g., exposed live electrical wiring,
release of toxic fumes, or on-site disposal of Sec. 35.1350 Safe work
hazardous waste); or practices.
(iv) Treatment of the interior will be
(a) Prohibited methods. Methods of
completed within 5 calendar days, the
paint removal listed in SEC. 35.140 shall not
worksite is contained so as to prevent
be used.
{[[Page 355]]}
(b) Occupant protection and worksite
the release of leaded dust and debris
preparation. Occupants and their belongings
into other areas, treatment does not create
shall be protected, and the worksite
other safety, health or environmental
prepared, in accordance with SEC. 35.1345.
hazards; and, at the end of work on each
(c) Specialized cleaning. After hazard
day, the worksite and the area within at least
reduction activities have been completed,
10 feet (3 meters) of the containment area is
the worksite shall be cleaned using cleaning
cleaned to remove any visible dust or debris,
methods, products, and devices that are
and occupants have safe access to sleeping
successful in cleaning up dust-lead hazards,
areas, and bathroom and kitchen facilities.
such as a HEPA vacuum or other method of
(3) The dwelling unit and the worksite
equivalent efficacy, and lead-specific
shall be secured against unauthorized entry,
detergents or equivalent.
and occupants' belongings protected from
(d) De minimis levels. Safe work
contamination by dust-lead hazards and
practices are not required when maintenance
debris during hazard reduction activities.
or hazard reduction activities do not disturb
Occupants' belongings in the containment
painted surfaces that total more than:
area shall be relocated to a safe and secure
(1) 20 square feet (2 square meters) on
area outside the containment area, or
exterior surfaces;
covered with an impermeable covering with
(2) 2 square feet (0.2 square meters) in
all seams and edges taped or otherwise
any one interior room or space; or
sealed.
(3) 10 percent of the total surface area
(b) Worksite preparation. (1) The
on an interior or exterior type of component
worksite shall be prepared to prevent the
with a small surface area. Examples include
release of leaded dust, and contain lead-
window sills, baseboards, and trim.
based paint chips and other debris from
hazard reduction activities within the
worksite until they can be safely removed. Sec. 35.1355 Ongoing lead-
Practices that minimize the spread of leaded based paint maintenance and
dust, paint chips, soil and debris shall be reevaluation activities.
used during worksite preparation. (a) Maintenance. Maintenance
(2) A warning sign shall be posted at activities shall be conducted in accordance
each entry to a room where hazard reduction with paragraphs (a)(2)-(6) of this section,
activities are conducted when occupants are except as provided in paragraph (a)(1) of
present; or at each main and secondary this section.
entryway to a building from which
occupants have been relocated; or, for an
(1) Maintenance activities need not be repair, abatement or interim controls in
conducted in accordance with this section if accordance with SEC. 35.1340.
both of the following conditions are met, as (7) Each dwelling unit shall be
applicable: provided with written notice asking
(i) Either a lead-based paint inspection occupants to report deteriorated paint and, if
indicates that no lead- applicable, failure of encapsulation or
based paint is present in the dwelling enclosure, along with the name, address and
units, common areas, and on exterior telephone number of the person whom
surfaces, or a clearance report prepared in occupants should contact. The language of
accordance with SEC. 35.1340(a) indicates the notice shall be in accordance with SEC.
that all lead-based paint has been removed; 35.125(c)(3). The designated party shall
and respond to such report and stabilize the
(ii) If a risk assessment is required by deteriorated paint or repair the encapsulation
the applicable subpart of this part, a current or enclosure within 30 days.
risk assessment indicates that no soil-lead (b) Reevaluation. Reevaluation shall be
hazards and no dust-lead hazards are conducted in accordance with this paragraph
present. (b), and the designated party shall conduct
(2) A visual assessment for deteriorated interim controls of lead-based paint hazards
paint, bare soil, and the failure of any hazard found in the reevaluation.
reduction measures shall be performed at (1) Reevaluation shall be conducted if
unit turnover and every twelve months. hazard reduction has been conducted to
(3) (i) Deteriorated paint. All reduce lead-based paint hazards found in a
deteriorated paint on interior and exterior risk assessment or if standard treatments
surfaces located on the residential property have been conducted, except that
shall be stabilized in accordance with SEC. reevaluation is not required if any of the
35.1330(a)(b), except for any {[[Page following cases are met:
356]]} (i) An initial risk assessment found no
paint that an evaluation has found is not lead-based paint hazards;
lead-based paint. (ii) A lead-based paint inspection found
(ii) Bare soil. All bare soil shall be no lead-based paint; or
treated with standard treatments in (iii) All lead-based paint was abated in
accordance with SEC. 35.1335(d) through accordance with SEC. 35.1325, provided
(g), or interim controls in accordance with that no failures of encapsulations or
SEC. 35.1330(a) and (f); except for any bare enclosures have been found during visual
soil that a current evaluation has found is not assessments conducted in accordance with
a soil-lead hazard. SEC. 35.1355(a)(2) or during other
(4) Safe work practices, in accordance observations by maintenance and repair
with SEC. 35.1350, shall be used when workers in accordance with SEC.
performing any maintenance or renovation 35.1355(a)(5) since the encapsulations or
work that disturbs paint that may be lead- inclosures were performed.
based paint. (2) Reevaluation shall be conducted to
(5) Any encapsulation or enclosure of identify:
lead-based paint or lead-based paint hazards (i) Deteriorated paint surfaces with
which has failed to maintain its effectiveness known or suspected lead-based paint;
shall be repaired, or abatement or interim (ii) Deteriorated or failed interim
controls shall be performed in accordance controls of lead-based paint hazards or
with SEC. Sec. 35.1325 or 35.1330, encapsulation or enclosure treatments;
respectively. (iii) Dust-lead hazards; and
(6) Clearance testing of the worksite (iv) Soil that is newly bare with lead
shall be performed at the conclusion of levels equal to or above the standards in
SEC. 35.1320(b)(2).

(3) Each reevaluation shall be measures, ongoing maintenance activities,
performed by a certified risk assessor. and relevant building operations.
(4) Each reevaluation shall be (ii) Visual assessment. The risk
conducted in accordance with the following assessor shall:
schedule if a risk assessment or other (A) Visually evaluate all lead-based
evaluation has found deteriorated lead-based paint hazard reduction treatments, any
paint in the residential property, a soil-lead known or suspected lead-based paint, any
hazard, or a dust-lead hazard on a floor or deteriorated paint, and each exterior site, and
interior window sill. (Window troughs are shall identify any new areas of bare soil;
not sampled during reevaluation). The first (B) Determine acceptable options for
reevaluation shall be conducted no later than controlling the hazard; and
two years from completion of hazard (C) Await the correction of any hazard
reduction. Subsequent reevaluation shall be reduction omission or failure and the
conducted at intervals of two years, plus or reduction of any lead-based paint hazard
minus 60 days. To be exempt from before sampling any dust or soil the risk
additional reevaluation, at least two assessor determines may reasonably be
consecutive reevaluations conducted at such associated with such hazard.
two-year intervals must be conducted (iii) Reaction to hazard reduction
without finding lead-based paint hazards or omission or failure. If any hazard reduction
a failure of an encapsulation or enclosure. If, control has not been implemented or is
however, a reevaluation finds lead-based failing (e.g., an encapsulant is peeling away
paint hazards or a failure, at least two more from the wall, a paint-stabilized surface is
consecutive reevaluations conducted at such no longer intact, or gravel covering an area
two year intervals must be conducted of bare soil has worn away), or deteriorated
without finding lead-based paint hazards or lead-based paint is present, the risk assessor
a failure. shall:
(5) Each reevaluation shall be (A) Determine acceptable options for
performed as follows: controlling the hazard; and
(i) Dwelling units and common areas (B) Await the correction of any hazard
shall be selected and reevaluated in reduction omission or failure and the
accordance with SEC. 35.1320(b). reduction of any lead-based paint hazard
(ii) The worksites of previous hazard before sampling any dust or soil the risk
reduction activities that are similar on the assessor determines may reasonably be
basis of their original lead-based paint associated with such hazard.
hazard and type of treatment shall be (iv) Selected paint, soil and dust
grouped. Worksites within such groups shall evaluation. (A) The risk assessor shall
be selected and reevaluated in accordance sample deteriorated paint surfaces identified
with SEC. 35.1320(b). {[[Page 357]]} during the visual assessment and have the
(6) Each reevaluation shall include samples analyzed, in accordance with 40
reviewing available information, conducting CFR 745.227(b)(3)(4), but only if reliable
selected visual assessment, recommending information about lead content is
responses to hazard reduction omissions or unavailable.
failures, performing selected evaluation of (B) The risk assessor shall evaluate
paint, soil and dust, and recommending new areas of bare soil identified during the
response to newly-found lead- visual assessment. Soil samples shall be
based paint hazards. collected and analyzed in accordance with
(i) Review of available information. 40 CFR 745.227(d)(8)-(11), but only if the
The risk assessor shall review any available soil lead levels have not been previously
past evaluation, hazard reduction and measured.
clearance reports, and any other available (C) The risk assessor shall take selected
information describing hazard reduction dust samples and have them analyzed. Dust
samples shall be collected and analyzed in (i) Dust-lead hazard or paint lead
accordance with SEC. 35.1320(b). At least hazard by cleaning or hazard reduction
two composite samples, one from floors and measures, which are considered completed
the other from interior window sills, shall be when clearance is achieved in accordance
taken in each dwelling unit and common with SEC. 35.1340.
area selected. Each composite sample shall (ii) Soil-lead hazard by hazard
consist of four individual samples, each reduction measures, which are considered
collected from a different room or area. If completed when clearance is achieved in
the dwelling unit contains both carpeted and accordance with SEC. 35.1340.
uncarpeted living areas, separate floor
samples are required from the carpeted and
uncarpeted areas. Equivalent single-surface
sampling may be used instead of composite
sampling.
(7) The risk assessor shall provide the
designated party with a written report
documenting the presence or absence of
lead-based paint hazards, the current status
of any hazard reduction and standard
treatment measures used previously and any
newly-conducted evaluation and hazard
reduction activities. The report shall include
the information in 40 CFR 745.227(d)(11),
and shall:
(i) Identify any lead-based paint
hazards previously detected and discuss the
effectiveness of any hazard reduction or
standard treatment measures used, and list
those for which no measures have been
used.
(ii) Describe any new hazards found
and present the owner with acceptable
control options and their accompanying
reevaluation schedules.
(iii) Identify when the next
reevaluation, if any, must occur, in
accordance with the requirements of
paragraph (b)(4) of this section.
(c) Response to the reevaluation. (1)
Hazard reduction omission or failure found
by a reevaluation. The designated party shall
respond in accordance with paragraph
(b)(6)(iii)(A) of this section to a report by
the risk assessor of a hazard reduction
control that has not been implemented or is
failing, or that {[[Page 358]]}
deteriorated lead-based paint is present.
(2) Newly-identified lead-based paint
hazard found by a reevaluation. The
designated party shall treat each:

(1) Constructed or altered by or on
behalf of the United States;
24 CFR 40 Accessibility (2) Leased in whole or in part by the
United States after August 12, 1968, if
Standards constructed or altered in accordance with
[Code of Federal Regulations] plans and specifications of the United States;
[Title 24, Volume 1] or
[Revised as of April 1, 2004] (3) Financed in whole or in part by a
From the U.S. Government Printing grant or loan made by the United States after
Office via GPO Access August 12, 1968, if such residential structure
[Page 358-359] is subject to standards for design,
TITLE 24--HOUSING AND URBAN construction, or alteration issued under
DEVELOPMENT authority of the law authorizing such grant
PART 40_ACCESSIBILITY or loan.
STANDARDS FOR DESIGN, (b) As used in this part, residential
CONSTRUCTION, AND ALTERATION structure includes the following:
OF PUBLICLY OWNED RESIDENTIAL (1) Any residential structure which, in
STRUCTURES whole or in part, is intended for occupancy
by the physically handicapped or designed
40.1 Purpose. for occupancy by the elderly;
40.2 Definition of ``residential (2) All elevator residential structures;
structure''. (3) Any residential structure that
40.3 Applicability. contains 15 or more housing units, unless
40.4 Standards. otherwise specifically prescribed by the
40.5 [Reserved] Uniform Federal Accessibility Standards
40.6 Records. contained in appendix A to this part.
40.7 Availability of Accessibility (4) Nonresidential structures
Standards. appurtenant to a residential structure
covered under this part.
Authority: 42 U.S.C. 3535(d), 4153. [36 FR 24437, Dec. 22, 1971, as
Source: 36 FR 24437, Dec. 22, 1971, amended at 49 FR 31620, Aug. 7, 1984]
Sec. 40.3 Applicability.
Sec. 40.1 Purpose. (a) The standards prescribed in SEC.
This part prescribes standards for the 40.4 are applicable to residential structures
design, construction, and alteration of designed after the effective date of this part.
publicly owned residential structures to If the design of a structure commenced prior
insure that physically handicapped persons to that date, the standards shall be made
will have ready access to, and use of, such applicable to the maximum extent
structures. practicable, as determined by the head of the
department, agency, or instrumentality of
Sec. 40.2 Definition of the United States concerned. If no design
stage is involved in the construction or
``residential structure''. alteration of a residential structure, the
(a) As used in this part, the term standards of SEC. 40.4 shall be applicable to
residential structure means a residential construction or alteration for which bids are
structure (other than a privately owned solicited after the effective date of this part.
residential structure and a residential (b) The standards prescribed in SEC.
structure on a military reservation): 40.4 are not applicable to:
24 CFR 40 Accessibility Standards
(1) Any portion of a residential Opportunity, U.S. Department of Housing
structure or its grounds which need not, and Urban Development, Room 5230, 451
because of its intended use, be made Seventh Street, SW., Washington, DC
accessible to, or usable by, the public or by 20410, telephone (202) 755-5404 (this is not
physically handicapped persons; a toll-free number). Hearing or speech-
(2) The alteration of an existing impaired individuals may call HUD's TDD
residential structure to the extent that the number (202) 708-0113 or 1-800-877-8399
alteration does not involve work which is (Federal Information Relay Service TDD).
related to the standards of this part; or (Other than the ``800'' number, these are not
(3) The alteration of an existing toll-free numbers.)
building, or of such portions thereof, to [61 FR 5204, Feb. 9, 1996]
which application of the standards is not
structurally feasible. {[[Page 359]]}
Sec. 40.4 Standards.

Residential structures subject to this
part shall be designed, constructed or altered
to ensure that physically handicapped
persons have access to, and use of, these
structures. This requirement is satisfied by
using the specifications contained in
appendix A to this part, the Uniform Federal
Accessibility Standards (UFAS).
[49 FR 31621, Aug. 7, 1984]
Sec. 40.5 [Reserved]
Sec. 40.6 Records.

The administering agency's file on each
contract, grant, or loan involving the design,
construction, or alteration of a residential
structure shall include appropriate
documentation indicating: (a) That the
standards prescribed in SEC. 40.4 are
applicable to and have been or will be
incorporated in the residential structure, or
(b) that the grant or loan has been or will be
made subject to the requirement that the
standards are applicable and will be
incorporated in the residential structure. The
file should also indicate any modification or
waiver of the standards which has been
issued by the Secretary of HUD.
Sec. 40.7 Availability of

Accessibility Standards.
Copies of the Uniform Federal
Accessibility Standards are available from
the Office of Fair Housing and Equal

(b) By regulation or contract under any
other program of the Department, except a
24 CFR 41 Accessibility program subject only to standards or
requirements at 24 CFR part 8 imposed
By The Physically pursuant to section 504 of the Rehabilitation
Handicapped Act of 1973.
The policies and procedures of this part
[Code of Federal Regulations] shall apply after the effective date of these
[Title 24, Volume 1] regulations to all complaints received,
[Revised as of April 1, 2004] and/or findings of noncompliance made,
From the U.S. Government Printing regarding buildings or facilities subject to
Office via GPO Access such regulatory or contractural
[Page 359-362] requirements.
TITLE 24--HOUSING AND URBAN
DEVELOPMENT
PART 41_POLICIES AND
PROCEDURES FOR THE As used in this part, the term Secretary
ENFORCEMENT OF STANDARDS AND means the Secretary of Housing and Urban
REQUIREMENTS FOR ACCESSIBILITY Development, or to the extent of any
BY THE PHYSICALLY HANDICAPPED delegation of authority by the Secretary to
act under this part, {[[Page 360]]}
41.1 Applicability. any other Department Official to whom
41.2 Definitions. authority has been delegated.
41.3 Assurance and declaration
required. Sec. 41.3 Assurance and
41.4 Waiver or modification of declaration required.
standards.
(a) Each Assistant Secretary shall, as a
41.5 Achieving compliance.
condition for approval of any contract or
41.6 Matters involving the
application for assistance under a program
Architectural and Transportation Barriers
imposing standards and/or requirements for
Compliance Board.
accessibility which are subject to this part,
require an assurance of compliance with
Authority: Architectural Barriers Act of
those standards and requirements. Such
1968, as amended by Pub. L. 90-480, 42
assurance shall be in a form acceptable to
U.S.C. 4151 et seq.
the Secretary.
Source: 44 FR 62806, Oct. 31, 1979,
(b) For each project covered under this
part, except a project subject to
Departmental examinations and inspections
Sec. 41.1 Applicability. as set forth in SEC. 41.5(a), the responsible
This part sets forth policies and Assistant Secretary shall require a
procedures for the enforcement of standards declaration as to project drawings,
and requirements for accessibility by the specifications, and other construction
physically handicapped imposed: documents. The declaration shall be signed
(a) For nonresidential buildings or by the licensed, or registered, architect or
facilities by regulations issued by the engineer, or by such other responsible
General Services Administration at official as designated by HUD, who has
subchapter D of the Federal Property prepared such construction documents. The
Management Regulations, subpart 101-19.6- declaration shall affirm that the proposed
-Accommodations for the Physically project, to the best knowledge and belief of
Handicapped, or the declarer, conforms to applicable
accessibility design standards and
24 CFR 41 Accessibility By The Physically Handicapped
requirements. The declaration statement (4) The standard provision or
shall be in a form acceptable to the requirement from which the requestor seeks
Secretary. a waiver or modification.
(5) A description of the building or
Sec. 41.4 Waiver or facility as to its accessibility for the
physically handicapped and how the
modification of standards. waiving or modification of a standard or
(a) The applicability of standards and requirement would affect that accessibility.
requirements for accessibility by the (6) A statement of the facts which
physically handicapped may be waived or establish that the criteria of paragraph (d) of
modified on a case-by-case basis upon a this section would be satisfied.
written request from a recipient of a (7) A description of the steps taken, or
Departmental grant or loan or from a to be taken, to comply with standards and
Departmental agency leasing a building or requirements for which a waiver or
facility. modification is not being requested.
(b) For residential buildings or (8) Such other information as the
facilities, a waiver or modification may be requestor or the responsible Assistant
granted only by the Secretary. Secretary deems appropriate or necessary.
(c) Upon the recommendation of an (f) If the responsible Assistant
Assistant Secretary, a waiver or Secretary finds that the criteria of paragraph
modification for nonresidential buildings or (d) of this section are satisfied, then he or
facilities may be granted only by the she shall submit the request along with his
Administrator, General Services or her recommendations to the Secretary for
Administration. action or for referral to the Administrator,
(d) No request for a waiver or General Services Administration for action.
modification shall be recommended for In reviewing request for waiver and
approval by an Assistant Secretary or modifications, the Secretary shall assure
approved by the Secretary unless the consistent Department policy regarding the
following criteria obtain: removal of architectural barriers and
(1) The granting of the waiver or accessibility by physically handicapped
modification is based upon findings of fact, persons. {[[Page 361]]}
and is not inconsistent with the provisions of (g) All waivers and modifications
the Architectural Barriers Act, and granted pursuant to this part shall have only
(2) Application of the requirement or future effect on; and are limited to cases for
standard would adversely affect the which the request is made.
purposes of the Departmental program under
which the loan or grant is being provided or
for which the building or facility is being
Sec. 41.5 Achieving
leased. compliance.
(e) Requests for a waiver or (a) Examinations and inspections. If,
modification shall be submitted to the for any project, an Assistant Secretary
appropriate Assistant Secretary for review. requires Departmental architectural and
Each request shall include: engineering examinations of drawings and
(1) The name and address of the specifications or other construction
requestor. documents or requires Departmental
(2) The name and location of the architectural and engineering inspections
involved building or facility. during or upon completion of construction,
(3) Any applicable plans, drawings, those examinations and inspections shall
specifications or other descriptions of the include a determination of compliance with
building or facility. standards and requirements for accessibility
referenced in this part.

(b) Periodic compliance reviews. The of the date of such referral regarding the
Secretary, in consultation with the action taken and the schedule and means of
appropriate Assistant Secretary, shall achieving compliance, except that the
conduct surveys and investigations as Secretary may specify a shorter or longer
deemed appropriate to achieve compliance reporting period, as deeded appropriate.
with standards or requirements subject to (f) Disposition of unresolved
this part. complaints. Unresolved complaints shall be
(c) Complaints. Any interested person referred to the Architectural and
who has reason to believe that there has Transportation Barriers Compliance Board
been noncompliance with standards or to be processed in accordance with 36 CFR
requirements subject to this part, may, by part 1150. A complaint shall be deemed
himself or herself, or by a representative, unresolved if it is not resolved within 90
file a written complaint with the responsible days of the date of the filing of the
Department Official or with the complaint with the Department.
Architectural and Transportation Barriers (g) Compliance action by other
Compliance Board, Washington, DC 20201. individuals. Individuals other than the
(d) Investigations. The Secretary shall, Secretary may receive complaints and
after consultation with the appropriate undertake other appropriate actions to
Assistant Secretary, make a prompt achieve compliance with requirements
investigation whenever a compliance subject to this part, so long as initial
review, report, complaint, or any other notification of such complaints or proposed
information indicates a possible failure to actions is given both to the Secretary and the
comply with standards or requirements appropriate Assistant Secretary.
subject to this part. The investigation should
include a determination of the authority Sec. 41.6 Matters involving
under which the standards or requirements
were imposed and, where appropriate, a
the Architectural and
review of the records kept pursuant to 24 Transportation Barriers
CFR 40.6; the circumstances under which Compliance Board.
the building of facility was designed, (a) Complaints. With respect to any
constructed or altered; and other factors complaint referred to the responsible
relevant to a determination as to whether Department Official by the Architectural
there has been noncompliance with this part. and Transportation Barriers Compliance
(e) Resolution of matters. (1) If any Board (A&TBCB), the procedures set forth
examination, inspection, periodic in this part shall apply. In such a case, the
compliance review, complaint, or Secretary shall coordinate all investigations
investigation pursuant to this section and/or other compliance actions to assure
indicates a failure to comply with the that the Department resolves any
applicable standards or requirements, the architectural barriers deficiencies so as to
Secretary shall attempt to gain voluntary respond to the A&TBCB within its {[[Page
compliance whenever possible. 362]]}
(2) If it has been determined that required 60-day period set forth at 36
voluntary compliance cannot be achieved, CFR 1150.41 for the informal resolution of
the Secretary shall refer the matter to the complaints.
appropriate Assistant Secretary for action (b) Citations. The Office of General
pursuant to his or her program authority Counsel shall, with the assistance of the
regarding the residential structure or other appropriate Assistant Secretary, respond to
building or facility under investigation, to any citation issued by the A&TBCB to the
achieve compliance with the requirements Department alleging noncompliance with
subject to this part. The Assistant Secretary the standards issued pursuant to the
shall report to the Secretary within 30 days
24 CFR 42 Displacement, Relocation Assistance
Architectural Barriers Act of 1968, as
amended. The applicable procedures
regarding such a citation are set forth at 36 24 CFR 42 Displacement,
CFR part 1150.
Relocation Assistance
[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing
[Page 362-366]
DEVELOPMENT
PART 42_DISPLACEMENT,
RELOCATION ASSISTANCE, AND
REAL PROPERTY ACQUISITION FOR
HUD AND HUD-ASSISTED PROGRAMS
Subpart A_General
42.1 Applicable rules.
Subpart B [Reserved]
Subpart C_Requirements Under

Section 104(d)of Housing and Community
Development Act of 1974
42.301 Applicability.
42.305 Definitions.
42.325 Residential antidisplacement
and relocation assistance plan.
42.350 Relocation assistance for
displaced persons.
42.375 One-for-one replacement of
lower-income dwelling units.
42.390 Appeals.
Authority: 42 U.S.C. 3535(d), 4601,

5304, and 12705(b).
Source: 61 FR 51757, Oct. 3, 1996,
Subpart A_General
Sec. 42.1 Applicable rules.
(a) URA. HUD-assisted programs and
projects are subject to the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 42 U.S.C.
4601 (URA) (42 U.S.C. 4601), and
implementing regulations issued by the

Department of Transportation at 49 CFR rental assistance the household would
part 24. receive.
(b) Section 104(d). In addition to the Conversion. (1) This term means
URA, the Community Development Block altering a housing unit so that it is:
Grant (CDBG), Urban Development Action (i) Used for nonhousing purposes;
Grant (UDAG), and HOME Investment (ii) Used for housing purposes, but no
Partnerships (HOME) programs are also longer meets the definition of lower-income
subject to section 104(d) of the Housing and dwelling unit; or
Community Development Act of 1974 (42 (iii) Used as an emergency shelter.
U.S.C. 5304(d)). The provisions applicable {[[Page 363]]}
to these programs are set out in subpart C of (2) A housing unit that continues to be
this part. used for housing after completion of the
(c) Additional requirements. Applicable project is not considered a ``conversion'' if,
program regulations may contain additional upon completion of the project, the unit is
relocation provisions. owned and occupied by a person who owned
and occupied the unit before the project.
Subpart B [Reserved] Displaced person means a lower-
income person who, in connection with an
Subpart C_Requirements activity assisted under any program subject
to this subpart, permanently moves from real
Under Section 104(d) of property or permanently moves personal
Housing and Community property from real property as a direct result
Development Act of 1974 of the demolition or conversion of a lower-
income dwelling. For purposes of this
Sec. 42.301 Applicability. definition, a permanent move includes a
move made permanently and:
This subpart applies only to CDBG (1) After notice by the grantee to move
grants under 24 CFR part 570, subparts D, from the property following initial
F, and I (Entitlement grants, HUD- submission to HUD of the consolidated plan
Administered Small Cities, and State required of entitlement grantees pursuant to
programs); grants under 24 CFR part 570, SEC. 570.302; of an application for
subpart G (Urban Development Action assistance pursuant to SEC. Sec. 570.426,
Grants), and Loan Guarantees under 24 CFR 570.430, or 570.465 that is thereafter
part 570, subpart M; and assistance to State approved; or an application for loan
and local governments under 24 CFR part assistance under SEC. 570.701 that is
92 (HOME program). thereafter approved;
(2) After notice by the property owner
Sec. 42.305 Definitions. to move from the property, following the
The terms Fair Market Rent (FMR), submission of a request for financial
HUD, Section 8, and Uniform Relocation assistance by the property owner (or other
Act (URA) are defined in part 5 of this title. person in control of the site) that is
Otherwise, as used in this subpart: thereafter approved; or
Comparable replacement dwelling unit (3) Before the dates described in this
means a dwelling unit that: definition, if HUD or the grantee determine
(1) Meets the criteria of 49 CFR that the displacement was a direct result of
24.2(d)(1) through (6); and conversion or demolition in connection with
(2) Is available at a monthly cost for an activity subject to this subpart for which
rent plus estimated average monthly utility financial assistance has been requested and
costs that does not exceed the ``Total Tenant is thereafter approved.
Payment'' determined under SEC. 813.107
of this title, after taking into account any
HCD Act of 1974 means the Housing following a residential antidisplacement and
and Community Development Act of 1974 relocation assistance plan, and that it will
(42 U.S.C. 5301 et seq.). minimize displacement of persons as a result
Lower-income dwelling unit means a of assisted activities. The State may require
dwelling unit with a market rent (including the unit of general local government to
utility costs) that does not exceed the follow the State's plan or permit it to
applicable Fair Market Rent (FMR) for develop its own plan. A unit of general local
existing housing established under 24 CFR government that develops its own plan must
part 888. adopt the plan and make it public.
Lower-income person means, as (b) Plan contents. (1) The plan shall
appropriate, a ``low and moderate income indicate the steps that will be taken
person'' as that term is defined in SEC. 570.3 consistent with other goals and objectives of
of this title, or a ``low-income family'' as the program, as provided in parts 92 and 570
that term is defined in SEC. 92.2 of this title. of this title, to minimize the displacement of
Recipient means CDBG grantee, families and individuals from their homes
UDAG grantee, or the HOME participating and neighborhoods as a result of any
jurisdiction. assisted activities. {[[Page 364]]}
Standard condition and substandard (2) The plan shall provide for
condition suitable for rehabilitation have the relocation assistance in accordance with
meaning the recipient has established for SEC. 42.350.
those terms in its HUD-approved (3) The plan shall provide one-for-one
consolidated plan pursuant to 24 CFR part replacement units to the extent required by
91. In the case of a unit of general local SEC. 42.375.
government funded by a State, either the
State's definitions for those terms or the Sec. 42.350 Relocation
definitions adopted by the unit of general assistance for displaced
local government for this purpose shall
persons.
apply.
Vacant occupiable dwelling unit means A displaced person may choose to
a vacant dwelling unit that is in a standard receive either assistance under the URA and
condition; a vacant dwelling unit that is in a implementing regulations at 49 CFR part 24
substandard condition, but is suitable for or assistance under section 104(d) of the
rehabilitation; or a dwelling unit in any HCD Act of 1974, including:
condition that has been occupied (except by (a) Advisory services. Advisory
a squatter) at any time within the period services at the levels described in 49 CFR
beginning 3 months before the date of part 24. A displaced person must be advised
execution of the agreement by the recipient of his or her rights under the Fair Housing
covering the rehabilitation or demolition. Act (42 U.S.C. 3601-19). If the comparable
replacement dwelling to be provided to a
Sec. 42.325 Residential minority person is located in an area of
minority concentration, as defined in the
antidisplacement and recipient's consolidated plan, if applicable,
relocation assistance plan. the minority person must also be given, if
(a) Certification. (1) As part of its possible, referrals to comparable and
consolidated plan under 24 CFR part 91, the suitable decent, safe, and sanitary
recipient must certify that it has in effect and replacement dwellings not located in such
is following a residential antidisplacement areas.
and relocation assistance plan. (b) Moving expenses. Payment for
(2) A unit of general local government moving expenses at the levels described in
receiving funds from the State must certify 49 CFR part 24.
to the State that it has in effect and is

(c) Security deposits and credit checks. in installments, in accordance with 42
The reasonable and necessary cost of any U.S.C. 3537c; or
security deposit required to rent the (2) If the person purchases an interest
replacement dwelling unit, and for credit in a housing cooperative or mutual housing
checks required to rent or purchase the association and occupies a decent, safe, and
replacement dwelling unit. sanitary dwelling in the cooperative or
(d) Interim living costs. The recipient association, the person may elect to receive
shall reimburse a person for actual a payment equal to the capitalized value of
reasonable out-of-pocket costs incurred in 60 times the amount that is obtained by
connection with a displacement, including subtracting the ``Total Tenant Payment,'' as
moving expenses and increased housing determined under part 813 of this title, from
costs, if: the monthly rent and estimated average
(1) The person must relocate monthly cost of utilities at a comparable
temporarily because continued occupancy of replacement dwelling unit. To compute the
the dwelling unit constitutes a substantial capitalized value, the installments shall be
danger to the health or safety of the person discounted at the rate of interest paid on
or the public; or passbook savings deposits by a federally
(2) The person is displaced from a insured financial institution conducting
``lower-income dwelling unit,'' none of the business within the recipient's jurisdiction.
comparable replacement dwelling units to To the extent necessary to minimize
which the person has been referred qualifies hardship to the household, the recipient
as a lower-income dwelling unit, and a shall, subject to appropriate safeguards,
suitable lower-income dwelling unit is issue a payment in advance of the purchase
scheduled to become available in of the interest in the housing cooperative or
accordance with SEC. 42.375. mutual housing association. {[[Page 365]]}
(e) Replacement housing assistance.
Persons are eligible to receive one of the Sec. 42.375 One-for-one
following two forms of replacement housing replacement of lower-income
assistance:
dwelling units.
(1) Each person must be offered rental
assistance equal to 60 times the amount (a) Units that must be replaced. All
necessary to reduce the monthly rent and occupied and vacant occupiable lower-
estimated average monthly cost of utilities income dwelling units that are demolished
for a replacement dwelling (comparable or converted to a use other than as lower-
replacement dwelling or decent, safe, and income dwelling units in connection with an
sanitary replacement dwelling to which the assisted activity must be replaced with
person relocates, whichever costs less) to the comparable lower-income dwelling units.
``Total Tenant Payment,'' as determined (b) Acceptable replacement units.
under part 813 of this title. All or a portion Replacement lower-income dwelling units
of this assistance may be offered through a may be provided by any government agency
certificate or voucher for rental assistance (if or private developer and must meet the
available) provided under Section 8. If a following requirements:
Section 8 certificate or voucher is provided (1) The units must be located within the
to a person, the recipient must provide recipient's jurisdiction. To the extent
referrals to comparable replacement feasible and consistent with other statutory
dwelling units where the owner is willing to priorities, the units shall be located within
participate in the Section 8 Tenant- the same neighborhood as the units replaced.
Based Assistance Existing Housing (2) The units must be sufficient in
Program (see part 982 of this title). When number and size to house no fewer than the
provided, cash assistance will generally be number of occupants who could have been
housed in the units that are demolished or
converted. The number of occupants who (1) A description of the proposed
could have been housed in units shall be assisted activity;
determined in accordance with applicable (2) The location on a map and number
local housing occupancy codes. The of dwelling units by size (number of
recipient may not replace those units with bedrooms) that will be demolished or
smaller units (e.g., a 2-bedroom unit with converted to a use other than for lower-
two 1- income dwelling units as a direct result of
bedroom units), unless the recipient has the assisted activity;
provided the information required under (3) A time schedule for the
paragraph (c)(7) of this section. commencement and completion of the
(3) The units must be provided in demolition or conversion;
standard condition. Replacement lower- (4) The location on a map and the
income dwelling units may include units that number of dwelling units by size (number of
have been raised to standard from bedrooms) that will be provided as
substandard condition if: replacement dwelling units. If such data are
(i) No person was displaced from the not available at the time of the general
unit (see definition of ``displaced person'' in submission, the submission shall identify the
SEC. 42.305); and general location on an area map and the
(ii) The unit was vacant for at least 3 approximate number of dwelling units by
months before execution of the agreement size, and information identifying the specific
between the recipient and the property location and number of dwelling units by
owner. size shall be submitted and disclosed to the
(4) The units must initially be made public as soon as it is available;
available for occupancy at any time during (5) The source of funding and a time
the period beginning 1 year before the schedule for the provision of replacement
recipient makes public the information dwelling units;
required under paragraph (d) of this section (6) The basis for concluding that each
and ending 3 years after the commencement replacement dwelling unit will remain a
of the demolition or rehabilitation related to lower-income dwelling unit for at least 10
the conversion. years from the date of initial occupancy; and
(5) The units must be designed to (7) Information demonstrating that any
remain lower-income dwelling units for at proposed replacement of dwelling units with
least 10 years from the date of initial smaller dwelling units (e.g., a 2-bedroom
occupancy. Replacement lower-income unit with two 1-bedroom {[[Page 366]]}
dwelling units may include, but are not units) is consistent with the needs
limited to, public housing or existing assessment contained in its HUD-
housing receiving Section 8 project-based approved consolidated plan. A unit of
assistance. general local government funded by the
(c) Preliminary information to be made State that is not required to submit a
public. Before the recipient enters into a consolidated plan to HUD must make public
contract committing it to provide funds information demonstrating that the proposed
under programs covered by this subpart for replacement is consistent with the housing
any activity that will directly result in the needs of lower-income households in the
demolition of lower-income dwelling units jurisdiction.
or the conversion of lower-income dwelling (d) Replacement not required. (1) In
units to another use, the recipient must make accordance with 42 U.S.C. 5304(d)(3), the
public, and submit in writing to the HUD one-for-one replacement requirement of this
field office (or State, in the case of a unit of section does not apply to the extent the HUD
general local government funded by the field office determines, based upon objective
State), the following information: data, that there is an adequate supply of
vacant lower-income dwelling units in

standard condition available on a
nondiscriminatory basis within the area.
(2) The recipient must submit directly
to the HUD field office the request for
determination that the one-for-one
replacement requirement does not apply.
Simultaneously with the submission of the
request, the recipient must make the
submission public and inform interested
persons that they have 30 days from the date
of submission to provide to HUD additional
information supporting or opposing the
request.
(3) A unit of general local government
funded by the State must submit the request
for determination under this paragraph to the
State. Simultaneously with the submission
of the request, the unit of general local
government must make the submission
public and inform interested persons that
they have 30 days from the date of
submission to provide to the State additional
information supporting or opposing the
request. If the State, after considering the
submission and the additional data, agrees
with the request, the State must provide its
recommendation with supporting
information to the field office.
Sec. 42.390 Appeals.

A person who disagrees with the
recipient's determination concerning
whether the person qualifies as a ``displaced
person,'' or with the amount of relocation
assistance for which the person is eligible,
may file a written appeal of that
determination with the recipient. A person
who is dissatisfied with the recipient's
determination on his or her appeal may
submit a written request for review of that
determination to the HUD field office (or to
the State in the case of a unit of general local
government funded by the State). If the full
relief is not granted, the recipient shall
advise the person of his or her right to seek
judicial review.
24 CFR 50 Protection And Enhancement Of Environmental Quality
50.22 Environmental management and
monitoring.
24 CFR 50 Protection And 50.23 Public participation.
50.24 HUD review of another agency's
Enhancement Of EIS.
Environmental Quality
Subpart E_Environmental Assessments
[Code of Federal Regulations] and Related Reviews
[Title 24, Volume 1] 50.31 The EA.
[Revised as of April 1, 2004] 50.32 Responsibility for environmental
From the U.S. Government Printing processing.
Office via GPO Access 50.33 Action resulting from the
[Page 366-375] assessment.
TITLE 24--HOUSING AND URBAN 50.34 Time delays for exceptional
DEVELOPMENT circumstances.
PART 50_PROTECTION AND 50.35 Use of prior environmental
ENHANCEMENT OF assessments.
ENVIRONMENTAL QUALITY 50.36 Updating of environmental
reviews. {[[Page 367]]}
Subpart A_General: Federal Laws and
Authorities Subpart F_Environmental Impact
50.1 Purpose, authority, and Statements
applicability. 50.41 EIS policy.
50.2 Terms and abbreviations. 50.42 Cases when an EIS is required.
50.3 Environmental policy. 50.43 Emergencies.
50.4 Related Federal laws and
authorities. Authority: 42 U.S.C. 3535(d) and 4332;
and Executive Order 11991, 3 CFR, 1977
Subpart B_General Policy: Comp., p. 123.
Responsibilities and Program Coverage Source: 61 FR 50916, Sept. 27, 1996,
50.10 Basic environmental unless otherwise noted.
responsibility.
50.11 Responsibility of the HUD
approving official.
Subpart A_General: Federal
Laws and Authorities
Subpart C_General Policy: Decision
Points Sec. 50.1 Purpose, authority,
50.16 Decision points for policy and applicability.
actions. (a) This part implements the policies of
50.17 Decision points for projects. the National Environmental Policy Act
(NEPA) and other environmental
Subpart D_General Policy: requirements (as specified in SEC. 50.4).
Environmental Review Procedures (b) NEPA (42 U.S.C. 4321 et seq.),
50.18 General. establishes national policy, goals and
50.19 Categorical exclusions not procedures for protecting, restoring and
subject to the Federal laws and authorities enhancing environmental quality. NEPA is
cited in SEC. 50.4. implemented by Executive Order 11514 of
50.20 Categorical exclusions subject to March 5, 1970, (3 CFR, 1966--1970 Comp.,
the Federal laws and authorities cited in p. 902) as amended by Executive Order
SEC. 50.4. 11991 of May 24, 1977, (3 CFR, 1977
50.21 Aggregation. Comp., p. 123) and by the Council on

Environmental Quality (CEQ) Regulations, approval decision for any proposed policy or
40 CFR parts 1500- project subject to this part.
1508. Project means an activity, or a group of
(c) The regulations issued by CEQ at integrally-related activities, undertaken
40 CFR parts 1500-1508 establish the basic directly by HUD or proposed for HUD
procedural requirements for compliance assistance or insurance.
with NEPA. These procedures are to be (b) The following abbreviations are
followed by all Federal agencies and are used throughout this part:
incorporated by reference into this part. This AS/CPD--Assistant Secretary for
part, therefore, provides supplemental Community Planning and Development.
instructions to reflect the particular nature of CEQ--Council on Environmental
HUD programs, and is to be used in tandem Quality
with 40 CFR parts 1500-1508 and EA--Environmental Assessment
regulations that implement authorities cited EIS--Environmental Impact Statement
at SEC. 50.4. FONSI--Finding of No Significant
(d) These regulations apply to all HUD Impact
policy actions (as defined in SEC. 50.16), HUD--Department of Housing and
and to all HUD project actions (see SEC. Urban Development
50.2(a)(2)). Also, they apply to projects and NEPA--National Environmental Policy
activities carried out by recipients subject to Act
environmental policy and procedures of 24 NOI/EIS--Notice of Intent to Prepare
CFR part 58, when the recipient that is an Environmental Impact Statement
regulated under 24 CFR part 58 claims the
lack of legal capacity to assume the Sec. 50.3 Environmental policy.
Secretary's environmental review (a) It is the policy of the Department to
responsibilities and the claim is approved by reject proposals which have significant
HUD or when HUD determines to conduct adverse environmental impacts and to
an environmental review itself in place of a encourage the modification of projects in
nonrecipient responsible entity. For order to enhance environmental quality and
programs, activities or actions not minimize environmental harm.
specifically identified or when there are (b) The HUD approving official shall
questions regarding the applicability of this consider environmental and other
part, the Assistant Secretary for Community Departmental objectives in the
Planning and Development shall be decisionmaking process. {[[Page 368]]}
consulted. (c) When EA's or EIS's or reviews
under SEC. 50.4 reveal conditions or
Sec. 50.2 Terms and safeguards that should be implemented once
abbreviations. a proposal is approved in order to protect
(a) The definitions for most of the key and enhance environmental quality or
terms or phrases contained in this part minimize adverse environmental impacts,
appear in 40 CFR part 1508 and in the such conditions or safeguards must be
authorities cited in SEC. 50.4. included in agreements or other relevant
The following definitions also apply to documents.
this part: (d) A systematic, interdisciplinary
Environmental review means a process approach shall be used to assure the
for complying with NEPA (through an EA integrated use of the natural and social
or EIS) and/or with the laws and authorities sciences and the environmental design arts
cited in SEC. 50.4. in making decisions.
HUD approving official means the
HUD official authorized to make the
(e) Environmental impacts shall be proximity of such areas as dumps, landfills,
evaluated on as comprehensive a scale as is industrial sites or other locations that contain
practicable. hazardous wastes.
(f) HUD offices shall begin the (4) HUD shall require the use of current
environmental review process at the earliest techniques by qualified professionals to
possible time so that potential conflicts undertake investigations determined
between program procedures and necessary.
environmental requirements are identified at
an early stage. Sec. 50.4 Related Federal laws
(g) Applicants for HUD assistance shall and authorities.
be advised of environmental requirements
HUD and/or applicants must comply,
and consultation with governmental
where applicable, with all environmental
agencies and individuals shall take place at
requirements, guidelines and statutory
the earliest time feasible.
obligations under the following authorities
(h) For HUD grant programs in which
and HUD standards:
the funding approval for an applicant's
(a) Historic properties. (1) The National
program must occur before the applicant's
Historic Preservation Act of 1966 (16
selection of properties, the application shall
U.S.C. 470 et seq.), as amended.
contain an assurance that the applicant
(2) Executive Order 11593, Protection
agrees to assist HUD to comply with this
and Enhancement of the Cultural
part and that the applicant shall:
Environment, May 13, 1971 (3 CFR, 1971--
(1) Supply HUD with all available,
1975 Comp., p. 559).
relevant information necessary for HUD to
(3) The Archaeological and Historic
perform for each property any
Preservation Act of 1974, which amends the
environmental review required by this part;
Reservoir Salvage Act of 1960 (16 U.S.C.
(2) Carry out mitigating measures
469 et seq.).
required by HUD or select alternate eligible
(4) Procedures for the Protection of
property; and
Historic and Cultural Properties (Advisory
(3) Not acquire, rehabilitate, convert,
Council on Historic Preservation--36 CFR
lease, repair or construct property, nor
part 800).
commit or expend HUD or local funds for
(b) Flood insurance, floodplain
these program activities with respect to any
management and wetland protection. (1)
eligible property, until HUD approval of the
Flood Disaster Protection Act of 1973 (42
property is received.
U.S.C. 4001-4128) and the National Flood
(i)(1) It is HUD policy that all property
Insurance Reform Act of 1994 (Pub.L. 103-
proposed for use in HUD programs be free
325, 108 Stat. 2160).
of hazardous materials, contamination, toxic
(2) HUD Procedure for the
chemicals and gasses, and radioactive
Implementation of Executive Order 11988
substances, where a hazard could affect the
(3 CFR, 1977 Comp., p. 117)--24 CFR part
health and safety of occupants or conflict
55, Floodplain Management.
with the intended utilization of the property.
(3) Executive Order 11990 (Protection
(2) HUD environmental review of
of Wetlands), (3 CFR, 1977 Comp., p. 121).
multifamily and non-residential properties
{[[Page 369]]}
shall include evaluation of previous uses of
(c) Coastal areas protection and
the site and other evidence of contamination
management. (1) The Coastal Barrier
on or near the site, to assure that occupants
Resources Act, as amended by the Coastal
of proposed sites are not adversely affected
Barrier Improvement Act of 1990 (16
by the hazards listed in paragraph (i)(1) of
U.S.C. 3501 et seq.).
this section.
(3) Particular attention should be given
to any proposed site on or in the general

(2) The Coastal Zone Management Act Subpart B_General Policy:
of 1972 (16 U.S.C. 1451 et seq.), as
amended.
Responsibilities and Program
(d) Sole source aquifers. The Safe Coverage
Drinking Water Act of 1974 (42 U.S.C. 201,
300 et seq., and 21 U.S.C. 349), as amended. Sec. 50.10 Basic environmental
(See 40 CFR part 149.) responsibility.
(e) Endangered species. The (a) It is the responsibility of all
Endangered Species Act of 1973 (16 U.S.C. Assistant Secretaries, the General Counsel,
1531 et seq.), as amended. (See 50 CFR part and the HUD approving official to assure
402.) that the requirements of this part are
(f) Wild and scenic rivers. The Wild implemented.
and Scenic Rivers Act (16 U.S.C 1271 et (b) The Assistant Secretary for
seq.), as amended. Community Planning and Development
(g) Water quality. The Federal Water (A/S CPD), represented by the Office of
Pollution Control Act, as amended by the Community Viability, whose Director shall
Federal Water Pollution Control Act serve as the Departmental Environmental
Amendments of 1972 (33 U.S.C. 1251 et Clearance Officer (DECO), is assigned the
seq.), and later enactments. overall Departmental responsibility for
(h) Air quality. The Clean Air Act (42 environmental policies and procedures for
U.S.C. 7401 et seq.), as amended. (See 40 compliance with NEPA and the related laws
CFR parts 6, 51, and 93.) and authorities. To the extent permitted by
(i) Solid waste management. (1) The applicable laws and the CEQ regulations,
Solid Waste Disposal Act, as amended by the A/S CPD shall approve waivers and
the Resource Conservation and Recovery exceptions or establish criteria for
Act of 1976 (42 U.S.C. 6901 et seq.), and exceptions from the requirements of this
later enactments. part.
(2) The Comprehensive Environmental
Response, Compensation, and Liability Act
Sec. 50.11 Responsibility of the
of 1980 (42 U.S.C. 9601 et seq.), as
amended. HUD approving official.
(j) Farmlands protection. The Farmland (a) The HUD approving official shall
Protection Policy Act of 1981 (7 U.S.C. make an independent evaluation of the
4201 et seq.), as amended. (See 7 CFR part environmental issues, take responsibility for
658.) the scope and content of the compliance
(k) HUD environmental standards. finding, EA or EIS, and make the
Applicable criteria and standards specified environmental finding, where applicable.
in HUD environmental regulations (24 CFR (Also, see SEC. 50.32.)
part 51). (b) Copies of environmental reviews
(l) Environmental justice. Executive and findings shall be maintained in the
Order 12898--Federal Actions to Address project file for projects, in the rules docket
Environmental Justice in Minority files for Federal Register publications, and
Populations and Low-Income Populations (3 in program files for non-Federal Register
CFR, 1994 Comp., p. 859). policy documents.
Subpart C_General Policy: of a letter of commitment or initial

equivalent indication of HUD approval.
Decision Points (b) Rehabilitation projects. Use the
decision points under ``new construction''
Sec. 50.16 Decision points for for HUD programs cited in paragraph (a) of
policy actions. this section; otherwise the decision point is
Either an EA and FONSI or an EIS on the HUD project approval.
all policy actions not meeting the criteria of (c) Public housing modernization
SEC. 50.19 shall be completed prior to the programs. HUD approval of the
approval action. Policy actions include all modernization grants.
proposed Federal Register policy documents (d) Property Disposition. Multifamily
and other policy-related Federal actions (40 structures, college housing, nursing homes,
CFR 1508.18). The decision as to whether a manufactured homes and parks, group
proposed policy action is categorically practice facilities, vacant land and one to
excluded from an EA shall be made by the four family structures: HUD approval of the
Program Environmental Clearance Officer Disposition Program.
(PECO) in Headquarters as early as (e) HUD programs subject to 24 CFR
possible. Where the PECO has any doubt as part 58. For cases in which HUD exercises
to whether a proposed action qualifies for environmental responsibility under this part
exclusion, the PECO shall request a where a recipient lacks legal capacity to do
determination by the AS/CPD. The EA and so or HUD determines to do so in place of a
FONSI may be combined into a single nonrecipient responsible entity under 24
document. {[[Page 370]]} CFR part 58 (see SEC. 50.1(d)), the decision
point is: HUD's execution of an agreement
Sec. 50.17 Decision points for or contract, whichever comes first, or in the
projects. case of Section 8 Project-
Based Certificate Assistance and
Either an EA and FONSI or an EIS for Moderate Rehabilitation, HUD notification
individual projects shall be completed to the Public Housing Agency to proceed
before the applicable program decision with execution of an Agreement to Enter
points below for projects not meeting the into Housing Assistance Payments (HAP)
criteria of SEC. 50.20. Compliance with Contract.
applicable authorities cited in SEC. 50.4 (f) Section 50.3(h). Notwithstanding
shall be completed before the applicable the other paragraphs of this section, the
program decision points below unless the decision point for grant programs in which
project meets the criteria for exclusion under HUD approval of funding for an applicant's
SEC. 50.19. program must occur before the applicant's
(a) New Construction. (1) Project selection of properties for use in its program
mortgage insurance or other financial is: HUD approval of specific properties.
assistance for multifamily housing projects (g) Stewart B. McKinney Homeless
(including sections 202 and 811), nursing Assistance Act Programs. Where the
homes, hospitals, group practice facilities recipients are nonprofit organizations or
and manufactured home parks: Issuance of governmental entities with special or limited
Site Appraisal and Market Analysis purpose powers, the decision point is: HUD
(SAMA) Letter or initial equivalent project approval.
indication of HUD approval of a specific (h) Programs not specifically covered
site; in this section. Consult with the AS/CPD for
(2) Public Housing: HUD approval of decision points.
the proposal.
(3) Loan Guarantee Recovery Fund
Program (24 CFR part 573). HUD issuance

Subpart D_General Policy: (5) Inspections and testing of properties

for hazards or defects.
Environmental Review (6) Purchase of insurance.
Procedures (7) Purchase of tools.
(8) Engineering or design costs.
Sec. 50.18 General. (9) Technical assistance and training.
HUD may, from time to time, complete (10) Assistance for temporary or
programmatic reviews that further avoid the permanent improvements that do not alter
necessity of complying with the laws and environmental conditions and are limited to
authorities in SEC. 50.4 on a property-by- protection, repair or restoration activities
property basis. necessary only to control or arrest the effects
from disasters or imminent threats to public
Sec. 50.19 Categorical safety including those resulting from
physical deterioration.
exclusions not subject to the
(11) Tenant-based rental assistance.
Federal laws and authorities (12) Supportive services including, but
cited in SEC. 50.4. not limited to, health care, housing services,
(a) General. The activities and related permanent housing placement, day care,
approvals of policy documents listed in nutritional services, short-term payments for
paragraphs (b) and (c) of this section are not rent/mortgage/utility costs, and assistance in
subject to the individual compliance gaining access to local, State, and Federal
requirements of the Federal laws and government benefits and services.
authorities cited in SEC. 50.4, unless (13) Operating costs including
otherwise indicated below. These activities maintenance, security, operation, utilities,
and approvals of policy documents are also furnishings, equipment, supplies, staff
categorically excluded from the EA required training and recruitment and other incidental
by NEPA except in extraordinary costs; however, in the case of equipment,
circumstances (SEC. 50.20(b)). HUD compliance with SEC. 50.4(b)(1) is
approval or implementation of these required.
categories of activities and policy (14) Economic development activities,
documents does not require environmental including but not limited to, equipment
review, because they do not alter physical purchase, inventory financing, interest
conditions in a manner or to an extent that subsidy, operating expenses and similar
would require review under NEPA or the costs not associated with construction or
other laws and authorities cited at SEC. physical expansion of existing facilities;
50.4. however, in the case of equipment purchase,
(b) Activities. (1) Environmental and compliance with SEC. 50.4(b)(1) is
other studies, resource identification and the required.
development of plans and strategies. (15) Activities to assist homebuyers to
(2) Information and financial advisory purchase existing dwelling units or dwelling
services. units under construction, including closing
(3) Administrative and management costs and downpayment assistance, interest
expenses. {[[Page 371]]} buydowns, and similar activities that result
(4) Public services that will not have a in the transfer of title.
physical impact or result in any physical (16) Housing pre-development costs
changes, including but not limited to including legal, consulting, developer and
services concerned with employment, crime other costs related to site options, project
prevention, child care, health, drug abuse, financing, administrative costs and fees for
education, counseling, energy conservation loan commitments, zoning approvals, and
and welfare or recreational needs. other related activities which do not have a
physical impact.
(17) HUD's insurance of one-to-four any physical impacts or changes except for
family mortgages under the Direct routine maintenance; however, compliance
Endorsement program, the insurance of one- {[[Page 372]]}
to-four family mortgages under the Lender with SEC. Sec. 50.4 (b)(1) and (c)(1)
Insurance program, and HUD's guarantee of and 51.303(a) is required.
loans for one-to-four family dwellings under (c) Approval of policy documents. (1)
the Direct Guarantee procedure for the Approval of rules and notices proposed for
Indian Housing loan guarantee program, publication in the Federal Register or other
without any HUD review or approval before policy documents that do not:
the completion of construction or (i) Direct, provide for assistance or loan
rehabilitation and the loan closing; and and mortgage insurance for, or otherwise
HUD's acceptance for insurance of loans govern or regulate, real property acquisition,
insured under Title I of the National disposition, leasing (other than tenant-based
Housing Act; however, compliance with rental assistance), rehabilitation, alteration,
SEC. Sec. 50.4(b)(1) and (c)(1) and 24 CFR demolition, or new construction; or
51.303(a)(3) is required. (ii) Establish, revise, or provide for
(18) HUD's endorsement of one-to-four standards for construction or construction
family mortgage insurance for proposed materials, manufactured housing, or
construction under Improved Area occupancy.
processing; however, the Appraiser/Review (2) Approval of policy documents that
Appraiser Checksheet (Form HUD-54891) amend an existing document where the
must be completed. existing document as a whole would not fall
(19) Activities of the Government within an exclusion in this paragraph (c) but
National Mortgage Association under Title the amendment by itself would do so;
III of the National Housing Act (12 U.S.C. (3) Approval of policy documents that
1716 et seq.). set out fair housing or nondiscrimination
(20) Activities under the Interstate standards or enforcement procedures or
Land Sales Full Disclosure Act (15 U.S.C. provide for assistance in promoting or
1701 et seq.). enforcing fair housing or nondiscrimination;
(21) Refinancing of HUD-insured (4) Approval of handbooks, notices and
mortgages that will not allow new other documents that provide operating
construction or rehabilitation, nor result in instructions and procedures in connection
any physical impacts or changes except for with activities under a Federal Register
routine maintenance; however, compliance document that has previously been subject to
with SEC. 50.4(b)(1) is required. a required environmental review.
(22) Approval of the sale of a HUD- (5) Approval of a Notice of Funding
held mortgage. Availability (NOFA) that provides funding
(23) Approval of the foreclosure sale of under, and does not alter any environmental
a property with a HUD-held mortgage; requirements of, a regulation or program
however, appropriate restrictions will be guideline that was previously published in
imposed to protect historic properties. the Federal Register, provided that
(24) HUD guarantees under the Loan (i) The NOFA specifically refers to the
Guarantee Recovery Fund Program (24 CFR environmental review provisions of the
part 573) of loans that refinance existing regulation or guideline; or
loans and mortgages, where any new (ii) The regulation or guideline contains
construction or rehabilitation financed by no environmental review provisions because
the existing loan or mortgage has been it concerns only activities listed in paragraph
completed prior to the filing of an (b) of this section.
application under the program, and the (6) Statutorily required and/or
refinancing will not allow further discretionary establishment and review of
construction or rehabilitation, nor result in interest rates, loan limits, building cost

limits, prototype costs, fair market rent (ii) In the case of multifamily
schedules, HUD-determined prevailing residential buildings:
wage rates, income limits and exclusions (A) Unit density is not changed more
with regard to eligibility for or calculation of than 20 percent;
HUD housing assistance or rental assistance, (B) The project does not involve
and similar rate and cost determinations and changes in land use from residential to non-
related external administrative or fiscal residential; and
requirements or procedures which do not (C) The estimated cost of rehabilitation
constitute a development decision that is less than 75 percent of the total estimated
affects the physical condition of specific cost of replacement after rehabilitation.
project areas or building sites. (iii) In the case of non-residential
[61 FR 50916, Sept. 27, 1996, as structures, including commercial, industrial,
amended at 62 FR 15802, Apr. 2, 1997; 63 and public buildings: {[[Page 373]]}
FR 48990, Sept. 11, 1998; 68 FR 56127, (A) The facilities and improvements are
Sept. 29, 2003] in place and will not be changed in size nor
capacity by more than 20 percent; and
Sec. 50.20 Categorical (B) The activity does not involve a
exclusions subject to the change in land use, such as from non-
residential to residential, commercial to
Federal laws and authorities
industrial, or from one industrial use to
cited in SEC. 50.4. another.
(a) The following actions, activities and (3)(i) An individual action on up to four
programs are categorically excluded from dwelling units where there is a maximum of
the NEPA requirements of this part. They four units on any one site. The units can be
are not excluded from individual compliance four one-
requirements of other environmental unit buildings or one four-unit building
statutes, Executive orders and HUD or any combination in between; or
standards cited in SEC. 50.4, where (ii) An individual action on a project of
appropriate. Form HUD-4128 shall be used five or more housing units developed on
to document compliance. Where the scattered sites when the sites are more than
responsible official determines that any item 2,000 feet apart and there are not more than
identified below may have an environmental four housing units on any one site.
effect because of extraordinary (iii) Paragraphs (a)(3)(i) and (ii) of this
circumstances (40 CFR 1508.4), the section do not apply to rehabilitation of a
requirements of NEPA shall apply (see building for residential use (with one to four
paragraph (b) of this section). units) (see paragraph (a)(2)(i) of this
(1) Special projects directed to the section).
removal of material and architectural (4) Acquisition (including leasing) or
barriers that restrict the mobility of and disposition of, or equity loans on an existing
accessibility to elderly and persons with structure, or acquisition (including leasing)
disabilities. of vacant land provided that the structure or
(2) Rehabilitation of buildings and land acquired, financed, or disposed of will
improvements when the following be retained for the same use.
conditions are met: (5) Purchased or refinanced housing
(i) In the case of a building for and medical facilities under section 223(f) of
residential use (with one to four units), the the National Housing Act (12 U.S.C.
density is not increased beyond four units, 1715n).
the land use is not changed, and the footprint (6) Mortgage prepayments or plans of
of the building is not increased in a action (including incentives) under 24 CFR
floodplain or in a wetland; part 248.
(b) For categorical exclusions having FONSI will be available in the project file.
the potential for significant impact because The local HUD field office may be
of extraordinary circumstances, HUD must contacted by persons who wish to review the
prepare an EA in accordance with subpart E. FONSI. In all cases, HUD shall mail notices
If it is evident without preparing an EA that to those who have requested them.
an EIS is required pursuant to SEC. 50.42, Additional efforts for involving the public in
HUD should proceed directly to the specific notice or compliance requirements
preparation of an EIS in accordance with shall be made in accord with the
subpart F. implementing procedures of the laws and
[61 FR 50916, Sept. 27, 1996, as authorities cited in SEC. 50.4. Notices
amended at 68 FR 56127, Sept. 29, 2003] pertaining to an EIS or an amendment to an
EIS or a FONSI subject to SEC. 50.34 shall
Sec. 50.21 Aggregation. be given to the public in accordance with
Activities which are geographically paragraphs (a) through (d) of this section.
related and are logical parts of a composite (a) A NOI/EIS shall be forwarded to
of contemplated HUD projects shall be the AS/CPD to the attention of the
evaluated together. Departmental Environmental Clearance
Officer for publication in the Federal
Register.
Sec. 50.22 Environmental
(b) Notices will be bilingual if the
management and monitoring. affected public includes a significant portion
An Environmental Management and of non-English speaking persons and will
Monitoring Program shall be established identify a date when the official public
prior to project approval when it is deemed involvement element of the {[[Page 374]]}
necessary by the HUD approving official. proposed action is to be completed and
The program shall be part of the approval HUD internal processing is to continue.
document and must: (c) All required notices shall be
(a) Be concurred in by the Field published in an appropriate local printed
Environmental Clearance Officer (FECO) news medium, and sent to individuals and
(in the absence of a FECO, by the Program groups known to be interested in the
Environmental Clearance Officer in proposed action.
Headquarters) and any cooperating agencies; (d) All notices shall inform the public
(b) Contain specific standards, where additional information may be
safeguards and commitments to be obtained.
completed during project implementation;
(c) Identify the staff who will be Sec. 50.24 HUD review of
responsible for the post-approval inspection; another agency's EIS.
and
(d) Specify the time periods for Where another agency's EIS is referred
conducting the evaluation and monitoring to the HUD Field Office in whose
the applicant's compliance with the project jurisdiction the project is located, the Field
agreements. Environmental Clearance Officer shall
determine whether HUD has an interest in
the EIS and, if so, will review and comment.
Sec. 50.23 Public participation.
Any EIS received from another Federal
HUD shall inform the affected public agency requesting comment on legislative
about NEPA-related hearings, public proposals, regulations, or other policy
meetings, and the availability of documents shall be sent to the AS/CPD for
environmental documents (see 40 CFR comment, and the AS/CPD shall provide the
1506.6(b)) in accordance with this section. General Counsel the opportunity for
Where project actions result in a FONSI, the comment.

Subpart E_Environmental Sec. 50.33 Action resulting from

Assessments and Related the assessment.
Reviews (a) A proposal may be accepted without
modifications if the EA indicates that the
Sec. 50.31 The EA. proposal will not significantly (see 40 CFR
1508.27) affect the quality of the human
(a) Form HUD-4128--Environmental environment and a FONSI is prepared.
Assessment and Compliance Findings for (b) A proposal may be accepted with
the Related Laws--is the EA form to be used modifications provided that:
for analysis and documentation by HUD for (1) Changes have been made that
projects and activities under subpart E. The would reduce adverse environmental impact
Departmental Environmental Clearance to acceptable and insignificant levels; and
Officer shall approve the issuance of (2) An Environmental Management and
equivalent formats, if Form HUD-4128 does Monitoring Program is developed in
not meet specific program needs. accordance with SEC. 50.22 when it is
(b) The program representative shall deemed necessary by the HUD approving
obtain interdisciplinary assistance from official.
professional experts and other HUD staff as (c) A proposal should be rejected if
needed. Additional information may also be significant and unavoidable adverse
requested of the sponsor/applicant. HUD is environmental impacts would still exist after
responsible for assessing and documenting modifications have been made to the
the extent of the environmental impact. proposal and an EIS is not prepared.
(d) A proposal (if not rejected) shall
Sec. 50.32 Responsibility for require an EIS if the EA indicates that
environmental processing. significant environmental impacts would
The program staff in the HUD office result.
responsible for processing the project
application or recommending a policy action Sec. 50.34 Time delays for
is responsible for conducting the compliance exceptional circumstances.
finding, EA, or EIS. The collection of data (a) Under the circumstances described
and studies as part of the information in this section, the FONSI must be made
contained in the environmental review may available for public review for 30 calendar
be done by an applicant or the applicant's days before a final decision is made whether
contractor. The HUD program staff may use to prepare an EIS and before the HUD
any information supplied by the applicant or action is taken. The circumstances are:
contractor, provided HUD independently {[[Page 375]]}
evaluates the information, will be (1) When the proposed action is, or is
responsible for its accuracy, supplements the closely similar to, one which normally
information, if necessary, to conform to the requires the preparation of an EIS pursuant
requirements of this part, and prepares the to SEC. 50.42(b) but it is determined, as a
environmental finding. Assessments for result of an EA or in the course of
projects over 200 lots/dwelling units or beds preparation of a draft EIS, that the proposed
shall be sent to the Field Environmental action will not have a significant impact on
Clearance Officer (FECO) or, in the absence the human environment; or
of a FECO, to the Program Environmental (2) When the nature of the proposed
Clearance Officer in Headquarters for action is without precedent and does not
review and comment. appear to require more than an assessment.
(b) In such cases, the FONSI must be
concurred in by the AS/CPD and the
Program Environmental Clearance Officer.
Notice of the availability of the FONSI shall (1) Would provide a site or sites for
be given to the public in accordance with hospitals or nursing homes containing a total
paragraphs (a) through (d) of SEC. 50.23. of 2,500 or more beds; or
(2) Would remove, demolish, convert,
Sec. 50.35 Use of prior or substantially rehabilitate 2,500 or more
environmental assessments. existing housing units (but not including
rehabilitation projects categorically
When other Federal, State, or local
excluded under SEC. 50.20), or which
agencies have prepared an EA or other
would result in the construction or
environmental analysis for a proposed HUD
installation of 2,500 or more housing units,
project, these documents should be
or which would provide sites for 2,500 or
requested and used to the extent possible.
more housing units.
HUD must, however, conduct the
(c) When the environmental concerns
environmental analysis and prepare the EA
of one or more Federal authorities cited in
and be responsible for the required
SEC. 50.4 will be affected by the proposal,
environmental finding.
the cumulative impact of all such effects
should be assessed to determine whether an
Sec. 50.36 Updating of EIS is required. Where all of the affected
environmental reviews. authorities provide alternative procedures
The environmental review must be re- for resolution, those procedures should be
evaluated and updated when the basis for the used in lieu of an EIS.
original environmental or compliance
findings is affected by a major change Sec. 50.43 Emergencies.
requiring HUD approval in the nature, In cases of national emergency and
magnitude or extent of a project and the disasters or cases of imminent threat to
project is not yet complete. A change only in health and safety or other emergency which
the amount of financing or mortgage require the taking of an action with
insurance involved does not normally significant environmental impact, the
require the environmental review to be re- provisions of 40 CFR 1506.11 and of any
evaluated or updated. applicable SEC. 50.4 authorities which
provide for emergencies shall apply.
Subpart F_Environmental
Impact Statements
Sec. 50.41 EIS policy.
EIS's will be prepared and considered
in program determinations pursuant to the
general environmental policy stated in SEC.
50.3 and 40 CFR 1505.2 (b) and (c).
Sec. 50.42 Cases when an EIS

is required.
(a) An EIS is required if the proposal is
determined to have a significant impact on
the human environment pursuant to subpart
E.
(b) An EIS will normally be required if
the proposal:

51.208 Reservation of administrative
and legal rights.
24 CFR 51 Environmental Appendix I to Subpart C to Part 51--
Criteria And Standards Specific Hazardous Substances
[Title 24, Volume 1] Appendix II to Subpart C to Part 51--
[Revised as of April 1, 2004] Development of Standards; Calculation
From the U.S. Government Printing Methods
[Page 375-393] Subpart D_Siting of HUD Assisted
TITLE 24--HOUSING AND URBAN Projects in Runway Clear Zones at Civil
DEVELOPMENT Airports and Clear Zones and Accident
PART 51_ENVIRONMENTAL Potential Zones at Military Airfields
CRITERIA AND STANDARDS 51.300 Purpose.
51.301 Definitions.
Subpart A_General Provisions 51.302 Coverage.
51.1 Purpose. 51.303 General policy.
51.2 Authority. 51.304 Responsibilities.
51.3 Responsibilities. 51.305 Implementation.
51.4 Program coverage.
Authority: 42 U.S.C. 3535(d), unless
Subpart B_Noise Abatement and otherwise noted.
Control Source: 44 FR 40861, July 12, 1979,
51.100 Purpose and authority. unless otherwise noted.
51.101 General policy.
51.102 Responsibilities. Subpart A_General
51.103 Criteria and standards. Provisions
51.104 Special requirements.
51.105 Exceptions. Sec. 51.1 Purpose.
51.106 Implementation. {[[Page
376]]} The Department of Housing and Urban
Development is providing program Assistant
Appendix I to Subpart B to Part 51-- Secretaries and administrators and field
Definition of Acoustical Quantities offices with environmental standards,
criteria and guidelines for determining
Subpart C_Siting of HUD-Assisted project acceptability and necessary
Projects Near Hazardous Operations mitigating measures to insure that activities
Handling Conventional Fuels or Chemicals assisted by the Department achieve the goal
of an Explosive or Flammable Nature of a suitable living environment.
51.200 Purpose.
51.201 Definitions. Sec. 51.2 Authority.
51.202 Approval of HUD-assisted This part implements the Department's
projects. responsibilities under: The National Housing
51.203 Safety standards. Act (12 U.S.C. 1701 et seq.); SEC. 2 of the
51.204 HUD-assisted hazardous Housing Act of 1949 (42 U.S.C. 1441); secs.
facilities. 2 and 7(d) of the Department of Housing
51.205 Mitigating measures. and Urban Development Act (42 U.S.C.
51.206 Implementation. 3531 and 3535(d)); the National
51.207 Special circumstances. Environmental Policy Act of 1969 (42
24 CFR 51 Environmental Criteria And Standards
U.S.C. 4321); and the other statutes that are the Noise Control Act of 1972, as amended
referred to in this part. (42 U.S.C. 4901 et seq.); and the General
[61 FR 13333, Mar. 26, 1996] Services Administration, Federal
Management Circular 75-2; {[[Page 377]]}
Sec. 51.3 Responsibilities. Compatible Land Uses at Federal
The Assistant Secretary for Community Airfields.
Planning and Development is responsible [44 FR 40861, July 12, 1979, as
for administering HUD's environmental amended at 61 FR 13333, Mar. 26, 1996]
criteria and standards as set forth in this part.
The Assistant Secretary for Community Sec. 51.101 General policy.
Planning and Development may be assisted (a) It is HUD's general policy to
by HUD officials in implementing the provide minimum national standards
responsibilities established by this part. applicable to HUD programs to protect
HUD will identify these HUD officials and citizens against excessive noise in their
their specific responsibilities through communities and places of residence.
Federal Register notice. (1) Planning assistance. HUD requires
[61 FR 13333, Mar. 26, 1996] that grantees give adequate consideration to
noise exposures and sources of noise as an
Sec. 51.4 Program coverage. integral part of the urban environment when
Environmental standards shall apply to HUD assistance is provided for planning
all HUD actions except where special purposes, as follows:
provisions and exemptions are contained in (i) Particular emphasis shall be placed
each subpart. on the importance of compatible land use
planning in relation to airports, highways
and other sources of high noise.
Subpart B_Noise Abatement (ii) Applicants shall take into
and Control consideration HUD environmental standards
impacting the use of land.
Sec. 51.100 Purpose and (2) Activities subject to 24 CFR part
authority. 58. (i) Responsible entities under 24 CFR
(a) It is the purpose of this subpart B to: part 58 must take into consideration the
(1) Call attention to the threat of noise noise criteria and standards in the
pollution; environmental review process and consider
(2) Encourage the control of noise at its ameliorative actions when noise sensitive
source in cooperation with other Federal land development is proposed in noise
departments and agencies; exposed areas. Responsible entities shall
(3) Encourage land use patterns for address deviations from the standards in
housing and other noise sensitive urban their environmental reviews as required in
needs that will provide a suitable separation 24 CFR part 58.
between them and major noise sources; (ii) Where activities are planned in a
(4) Generally prohibit HUD support for noisy area, and HUD assistance is
new construction of noise sensitive uses on contemplated later for housing and/or other
sites having unacceptable noise exposure; noise sensitive activities, the responsible
(5) Provide policy on the use of entity risks denial of the HUD assistance
structural and other noise attenuation unless the HUD standards are met.
measures where needed; and (3) HUD support for new construction.
(6) Provide policy to guide HUD assistance for the construction of new
implementation of various HUD programs. noise sensitive uses is prohibited generally
(b) Authority. Specific authorities for for projects with unacceptable noise
noise abatement and control are contained in exposures and is discouraged for projects

with normally unacceptable noise exposure. knowledge of noise abatement and control to
(Standards of acceptability are contained in public and private bodies, to develop
SEC. 51.103(c).) This policy applies to all improved methods for anticipating noise
HUD programs providing assistance, encroachment, to develop noise abatement
subsidy or insurance for housing, measures through land use and building
manufactured home parks, nursing homes, construction practices, and to foster better
hospitals, and all programs providing understanding of the consequences of noise.
assistance or insurance for land It shall be HUD's policy to issue guidance
development, redevelopment or any other documents periodically to assist HUD
provision of facilities and services which are personnel in assigning an acceptability
directed to making land available for category to projects in accordance with
housing or noise sensitive development. The noise exposure standards, in evaluating
policy does not apply to research noise attenuation measures, {[[Page 378]]}
demonstration projects which do not result and in advising local agencies about
in new construction or reconstruction, flood noise abatement strategies. The guidance
insurance, interstate land sales registration, documents shall be updated periodically in
or any action or emergency assistance under accordance with advances in the state-of-
disaster assistance provisions or the-art.
appropriations which are provided to save (7) Construction equipment, building
lives, protect property, protect public health equipment and appliances. HUD shall
and safety, remove debris and wreckage, or encourage the use of quieter construction
assistance that has the effect of restoring equipment and methods in population
facilities substantially as they existed prior centers, the use of quieter equipment and
to the disaster. appliances in buildings, and the use of
(4) HUD support for existing appropriate noise abatement techniques in
construction. Noise exposure by itself will the design of residential structures with
not result in the denial of HUD support for potential noise problems.
the resale and purchase of otherwise (8) Exterior noise goals. It is a HUD
acceptable existing buildings. However, goal that exterior noise levels do not exceed
environmental noise is a marketability factor a day-night average sound level of 55
which HUD will consider in determining the decibels. This level is recommended by the
amount of insurance or other assistance that Environmental Protection Agency as a goal
may be given. for outdoors in residential areas. The levels
(5) HUD support of modernization and recommended by EPA are not standards and
rehabilitation. For modernization projects do not take into account cost or feasibility.
located in all noise exposed areas, HUD For the purposes of this regulation and to
shall encourage noise attenuation features in meet other program objectives, sites with a
alterations. For major or substantial day-night average sound level of 65 and
rehabilitation projects in the Normally below are acceptable and are allowable (see
Unacceptable and Unacceptable noise zones, Standards in SEC. 51.103(c)).
HUD actively shall seek to have project (9) Interior noise goals. It is a HUD
sponsors incorporate noise attenuation goal that the interior auditory environment
features, given the extent and nature of the shall not exceed a day-night average sound
rehabilitation being undertaken and the level level of 45 decibels. Attenuation measures
or exterior noise exposure. In Unacceptable to meet these interior goals shall be
noise zones, HUD shall strongly encourage employed where feasible. Emphasis shall be
conversion of noise-exposed sites to land given to noise sensitive interior spaces such
uses compatible with the high noise levels. as bedrooms. Minimum attenuation
(6) Research, guidance and requirements are prescribed in SEC.
publications. HUD shall maintain a 51.104(a).
continuing program designed to provide new
(10) Acoustical privacy in multifamily Sec. 51.103 Criteria and
buildings. HUD shall require the use of standards.
building design and acoustical treatment to
afford acoustical privacy in multifamily These standards apply to all programs
buildings pursuant to requirements of the as indicated in SEC. 51.101.
Minimum Property Standards. (a) Measure of external noise
[44 FR 40861, July 12, 1979, as environments. The magnitude of the external
amended at 50 FR 9268, Mar. 7, 1985; 61 noise environment at a site is determined by
FR 13333, Mar. 26, 1996] the value of the day-night average sound
level produced as the result of the
accumulation of noise from all sources
Sec. 51.102 Responsibilities. contributing to the external noise
(a) Surveillance of noise problem areas. environment at the site. Day-night average
Appropriate field staff shall maintain sound level, abbreviated as DNL and
surveillance of potential noise problem areas symbolized as L<INF>dn</INF>, is the 24-
and advise local officials, developers, and hour average sound level, in decibels,
planning groups of the unacceptability of obtained after addition of 10 decibels to
sites because of noise exposure at the sound levels in the night from 10 p.m. to 7
earliest possible time in the decision a.m. Mathematical expressions for average
process. Every attempt shall be made to sound level and day-night average sound
insure that applicants' site choices are level are stated in the Appendix I to this
consistent with the policy and standards subpart.
contained herein. (b) Loud impulsive sounds. On an
(b) Notice to applicants. At the earliest interim basis, when loud impulsive sounds,
possible stage, HUD program staff shall: such as explosions or sonic booms, are
(1) Determine the suitability of the experienced at a site, the {[[Page 379]]}
acoustical environment of proposed projects; day-night average sound level produced
(2) Notify applicants of any adverse or by the loud impulsive sounds alone shall
questionable situations; and have 8 decibels added to it in assessing the
(3) Assure that prospective applicants acceptability of the site (see Appendix I to
are apprised of the standards contained this subpart). Alternatively, the C-
herein so that future site choices will be weighted day-night average sound level
consistent with these standards. (L<INF>Cdn</INF>) may be used without
(c) Interdepartmental coordination. the 8 decibel addition, as indicated in SEC.
HUD shall foster appropriate coordination 51.106(a)(3). Methods for assessing the
between field offices and other departments contribution of loud impulsive sounds to
and agencies, particularly the Environmental day-
Protection Agency, the Department of night average sound level at a site and
Transportation, Department of Defense mathematical expressions for determining
representatives, and the Department of whether a sound is classed as ``loud
Veterans Affairs. HUD staff shall utilize the impulsive'' are provided in the Appendix I to
acceptability standards in commenting on this subpart.
the prospective impacts of transportation (c) Exterior standards. (1) The degree
facilities and other noise generators in the of acceptability of the noise environment at
Environmental Impact Statement review a site is determined by the sound levels
process. external to buildings or other facilities
[44 FR 40861, July 12, 1979, as containing noise sensitive uses. The
amended at 54 FR 39525, Sept. 27, 1989; 61 standards shall usually apply at a location 2
FR 13333, Mar. 26, 1996] meters (6.5 feet) from the building housing
noise sensitive activities in the direction of
the predominant noise source. Where the

building location is undetermined, the above 70 dB but not exceeding 75 dB.
standards shall apply 2 meters (6.5 feet) (See SEC. 51.104(a).)
from the building setback line nearest to the (5) Attenuation measures to be
predominant noise source. The standards submitted to the Assistant Secretary for
shall also apply at other locations where it is CPD for approval on a case-by-case
determined that quiet outdoor space is basis.
required in an area ancillary to the principal
use on the site. [44 FR 40861, July 12, 1979, as
(2) The noise environment inside a amended at 49 FR 12214, Mar. 29, 1984]
building is considered acceptable if: (i) The
noise environment external to the building Sec. 51.104 Special
complies with these standards, and (ii) the requirements.
building is constructed in a manner common
(a)(1) Noise attenuation. Noise
to the area or, if of uncommon construction,
attenuation measures are those required in
has at least the equivalent noise attenuation
addition to attenuation provided by
characteristics.
buildings as commonly constructed in the
Site Acceptability Standards
area, and requiring open windows for
------------------------------------------------
ventilation. Measures that reduce external
------------------------
noise at a site shall be used wherever
Day-night average Special
practicable in preference to the
sound level (in approvals and
incorporation of additional noise attenuation
decibels) requirements
in buildings. Building designs and
------------------------------------------------
construction techniques that provide more
------------------------
noise attenuation than typical construction
Acceptable.................... Not exceeding
may be employed also to meet the noise
65 dB(1) None.
attenuation requirements.
Normally Unacceptable......... Above 65
(2) Normally unacceptable noise zones
dB but not Special
and unacceptable noise zones. Approvals in
exceeding 75 dB. Approvals (2)
Normally Unacceptable Noise Zones require
Environmental Review (3).
a minimum of 5 decibels additional sound
Attenuation (4).
attenuation for buildings having noise-
Unacceptable.................. Above 75
sensitive uses if the day-night average
dB........... Special
sound level is greater than 65 decibels but
Approvals (2).
does not exceed 70 decibels, or a minimum
Environmental Review (3).
of 10 decibels of additional sound
Attenuation (5).
attenuation if the day-night average sound
------------------------------------------------
level is greater than 70 decibels but does not
------------------------
exceed 75 decibels. Noise attenuation
Notes: (1) Acceptable threshold may be
measures in Unacceptable Noise Zones
shifted to 70 dB in special
require the approval of the Assistant
circumstances pursuant to SEC.
Secretary for Community Planning and
51.105(a).
Development, or the Certifying Officer for
(2) See SEC. 51.104(b) for
activities subject to 24 CFR part 58. (See
requirements.
SEC. 51.104(b)(2).) {[[Page 380]]}
(3) See SEC. 51.104(b) for
(b) Environmental review
requirements.
requirements. Environmental reviews shall
(4) 5 dB additional attenuation required
be conducted pursuant to the requirements
for sites above 65 dB but not
of 24 CFR parts 50 and 58, as applicable, or
exceeding 70 dB and 10 dB additional
other environmental regulations issued by
attenuation required for sites
the Department. These requirements are
hereby modified for all projects proposed in Sec. 51.105 Exceptions.
the Normally Unacceptable and (a) Flexibility for non-acoustic benefits.
Unacceptable noise exposure zones as Where it is determined that program
follows: objectives cannot be achieved on sites
(1) Normally unacceptable noise zone. meeting the acceptability standard of 65
(i) All projects located in the Normally decibels, the Acceptable Zone may be
Unacceptable Noise Zone require a Special shifted to L<INF>dn</INF> 70 on a case-
Environmental Clearance except an EIS is by-case basis if all the following conditions
required for a proposed project located in a are satisfied:
largely undeveloped area, or where the HUD (1) The project does not require an
action is likely to encourage the Environmental Impact Statement under
establishment of incompatible land use in provisions of SEC. 51.104(b)(1) and noise is
this noise zone. the only environmental issue.
(ii) When an EIS is required, the (2) The project has received a Special
concurrence of the Program Assistant Environmental Clearance and has received
Secretary is also required before a project the concurrence of the Environmental
can be approved. For the purposes of this Clearance Officer.
paragraph, an area will be considered as (3) The project meets other program
largely undeveloped unless the area within a goals to provide housing in proximity to
2-mile radius of the project boundary is employment, public facilities and
more than 50 percent developed for urban transportation.
uses and infrastructure (particularly water (4) The project is in conformance with
and sewers) is available and has capacity to local goals and maintains the character of
serve the project. the neighborhood.
(iii) All other projects in the Normally (5) The project sponsor has set forth
Unacceptable zone require a Special reasons, acceptable to HUD, as to why the
Environmental Clearance, except where an noise attenuation measures that would
EIS is required for other reasons pursuant to normally be required for new construction in
HUD environmental policies. the L<INF>dn</INF> 65 to
(2) Unacceptable noise zone. An EIS is L<INF>dn</INF> 70 zone cannot be met.
required prior to the approval of projects (6) Other sites which are not exposed to
with unacceptable noise exposure. Projects noise above L<INF>dn</INF> 65 and
in or partially in an Unacceptable Noise which meet program objectives are
Zone shall be submitted to the Assistant generally not available.
Secretary for Community Planning and The above factors shall be documented
Development, or the Certifying Officer for and made part of the project file.
activities subject to 24 CFR part 58, for [44 FR 40861, July 12, 1979, as
approval. The Assistant Secretary or the amended at 61 FR 13334, Mar. 26, 1996]
Certifying Officer may waive the EIS
requirement in cases where noise is the only
environmental issue and no outdoor noise
Sec. 51.106 Implementation.
sensitive activity will take place on the site. (a) Use of available data. HUD field
In such cases, an environmental review shall staff shall make maximum use of noise data
be made pursuant to the requirements of 24 prepared by others when such data are
CFR parts 50 or 58, as appropriate. determined to be current and adequately
[44 FR 40861, July 12, 1979, as projected into the future and are in terms of
amended at 61 FR 13333, Mar. 26, 1996] the following:
(1) Sites in the vicinity of airports. The
noise environment around airports is
described sometimes in terms of Noise
Exposure Forecasts, abbreviated as NEF or,

in the State of California, as Community for these facilities sometimes encompass
Noise Equivalent Level, abbreviated as sites that may be subject to the requirements
CNEL. The noise environment for sites in of this standard. Where such analyses are
the vicinity of airports for which day-night available they may be used on an interim
average sound level data are not available basis to establish the acceptability of sites
may {[[Page 381]]} under this standard. The Department of
be evaluated from NEF or CNEL Defense uses day-night average sound level
analyses using the following conversions to based on C-weighted sound level,
DNL: symbolized L<INF>Cdn</INF>, for the
DNL<INF>[ap]</INF> NEF+35 analysis of loud impulsive sounds. Where
DNL<INF>[ap]</INF> CNEL such analyses are provided, the 8 decibel
(2) Sites in the vicinity of highways. addition specified in SEC. 51.103(b), is not
Highway projects receiving Federal aid are required, and the same numerical values of
subject to noise analyses under the day-
procedures of the Federal Highway night average sound level used on an
Administration. Where such analyses are interim basis to determine site suitability for
available they may be used to assess sites non-impulsive sounds apply to the
subject to the requirements of this standard. L<INF>Cdn</INF>.
The Federal Highway Administration (4) Use of areawide acoustical data.
employs two alternate sound level HUD encourages the preparation and use of
descriptors: (i) The A-weighted sound level areawide acoustical information, such as
not exceeded more than 10 percent of the noise contours for airports. Where such new
time for the highway design hour traffic or revised contours become available for
flow, symbolized as L<INF>10</INF>; or airports (civil or military) and military
(ii) the equivalent sound level for the design installations they shall first be referred to the
hour, symbolized as L<INF>eq</INF>. The HUD State Office (Environmental Officer)
day-night average sound level may be for review, evaluation and decision on
estimated from the design hour appropriateness for use by HUD. The HUD
L<INF>10</INF> or L<INF>eq</INF> State Office shall submit revised contours to
values by the following relationships, the Assistant Secretary for Community
provided heavy trucks do not exceed 10 Planning and Development for review,
percent of the total traffic flow in vehicles evaluation and decision whenever the area
per 24 hours and the traffic flow between 10 affected is changed by 20 percent or more,
p.m. and 7 a.m. does not exceed 15 percent or whenever it is determined that the new
of the average daily traffic flow in vehicles contours will have a significant effect on
per 24 hours: HUD programs, or whenever the contours
DNL<INF>[ap]</INF> are not provided in a methodology
L<INF>10</INF> (design hour)--3 decibels acceptable under SEC. 51.106(a)(1) or in
DNL<INF>[ap]</INF> other cases where the HUD State Office
L<INF>eg</INF> (design hour) decibels determines that Headquarters review is
warranted. For other areawide acoustical
Where the auto/truck mix and time of data, review is required only where existing
day relationships as stated in this section do areawide data are being utilized and where
not exist, the HUD Noise Assessment such data have been changed to reflect
Guidelines or other noise analysis shall be changes in the measurement methodology or
used. underlying noise source assumptions.
(3) Sites in the vicinity of installations Requests for determination on usage of new
producing loud impulsive sounds. Certain or revised areawide data shall include the
Department of Defense installations produce following:
loud impulsive sounds from artillery firing
and bombing practice ranges. Noise analyses
(i) Maps showing old, if applicable, and (e) Projections of noise exposure. In
new noise contours, along with brief addition to assessing existing exposure,
description of data source and methodology. future conditions should be projected. To the
(ii) Impact on existing and prospective extent possible, noise exposure shall be
urbanized areas and on development projected to be representative of conditions
activity. that are expected to exist at a time at least 10
(iii) Impact on HUD-assisted projects years beyond the date of the project or
currently in processing. action under review.
(iv) Impact on future HUD program (f) Reduction of site noise by use of
activity. Where a field office has determined berms and/or barriers. If it is determined by
that immediate approval of new areawide adequate analysis that a berm and/or barrier
data is necessary and warranted in limited will reduce noise at a housing site, and if the
geographic areas, the request for approval barrier is existing or there are assurances
should state the circumstances warranting that it will be in place prior to occupancy,
such approval. Actions on proposed projects the environmental noise analysis for the site
shall not be undertaken while new areawide may reflect the benefits afforded by the
noise data are being considered for HUD use berm and/or barrier. In the environmental
except where the proposed location is review process under SEC. 51.104(b), the
affected in the same {[[Page 382]]} location height and design of the berm
manner under both the old and new and/or barrier shall be evaluated to
noise data. determine its effectiveness, and impact on
(b) Site assessments. Compliance with design and aesthetic quality, circulation and
the standards contained in SEC. 51.103(c) other environmental factors.
shall, where necessary, be determined using [44 FR 40861, July 12, 1979, as
noise assessment guidelines, handbooks, amended at 61 FR 13334, Mar. 26, 1996]
technical documents and procedures issued Appendix I to Subpart B of Part 51--
by the Department. Definition of Acoustical Quantities
(c) Variations in site noise levels. In 1. Sound Level. The quantity in
many instances the noise environment will decibels measured with an instrument
vary across a site, with portions of the site satisfying requirements of American
being in an Acceptable noise environment National Standard Specification for Type 1
and other portions in a Normally Sound Level Meters S1.4-1971. Fast time-
Unacceptable noise environment. The averaging and A-frequency weighting are to
standards in SEC. 51.103(c) shall apply to be used, unless others are specified. The
the portions of a building or buildings used sound level meter with the A-weighting is
for residential purposes and for ancillary progressively less sensitive to sounds of
noise sensitive open spaces. frequency below 1,000 hertz (cycles per
(d) Noise measurements. Where noise second), somewhat as is the ear. With fast
assessments result in a finding that the site is time averaging the sound level meter
borderline or questionable, or is responds particularly to recent sounds
controversial, noise measurements may be almost as quickly as does the ear in judging
performed. Where it is determined that noise the loudness of a sound.
measurements are required, such 2. Average Sound Level. Average
measurements will be conducted in sound level, in decibels, is the level of the
accordance with methods and measurement mean-square A-weighted sound pressure
criteria established by the Department. during the stated time period, with reference
Locations for noise measurements will to the square of the standard reference sound
depend on the location of noise sensitive pressure of 20 micropascals.
uses that are nearest to the predominant Day-night average sound level,
noise source (see SEC. 51.103(c)). abbreviated as DNL, and symbolized

mathematically as L<INF>dn</INF> is Handling Conventional Fuels
defined as:
[GRAPHIC] [TIFF OMITTED]
or Chemicals of an Explosive
TC12OC91.000 or Flammable Nature
Time t is in seconds, so the limits Authority: 42 U.S.C. 3535(d).
shown in hours and minutes are actually Source: 49 FR 5103, Feb. 10, 1984,
interpreted in seconds. L<INF>A</INF>(t) unless otherwise noted.
is the time varying value of A-weighted
sound level, the quantity in decibels Sec. 51.200 Purpose.
measured by an instrument satisfying The purpose of this subpart C is to:
requirements of American National Standard (a) Establish safety standards which can
{[[Page 383]]} be used as a basis for calculating acceptable
Specification for Type 1 Sound Level separation distances (ASD) for HUD-
Meters S1.4-1971. assisted projects from specific, stationary,
3. Loud Impulsive Sounds. When loud hazardous operations which store, handle, or
impulsive sounds such as sonic booms or process hazardous substances;
explosions are anticipated contributors to the (b) Alert those responsible for the siting
noise environment at a site, the contribution of HUD-assisted projects to the inherent
to day-night average sound level produced potential dangers when such projects are
by the loud impulsive sounds shall have 8 located in the vicinity of such hazardous
decibels added to it in assessing the operations;
acceptability of a site. (c) Provide guidance for identifying
A loud impulsive sound is defined for those hazardous operations which are most
the purpose of this regulation as one for prevalent;
which: (d) Provide the technical guidance
(i) The sound is definable as a discrete required to evaluate the degree of danger
event wherein the sound level increases to a anticipated from explosion and thermal
maximum and then decreases in a total time radiation (fire); and
interval of approximately one second or less (e) Provide technical guidance required
to the ambient background level that exists to determine acceptable separation distances
without the sound; and from such hazards.
(ii) The maximum sound level [49 FR 5103, Feb. 10, 1984, as
(obtained with slow averaging time and A- amended at 61 FR 13334, Mar. 26, 1996]
weighting of a Type 1 sound level meter
whose characteristics comply with ANSI
S1.4-1971) exceeds the sound level prior to
the onset of the event by at least 6 decibels; The terms Department and Secretary
and are defined in 24 CFR part 5.
(iii) The maximum sound level Acceptable separation distance (ASD)--
obtained with fast averaging time of a sound means the distance beyond which the
level meter exceeds the maximum value explosion or combustion of a hazard is not
obtained with slow averaging time by at likely to cause structures or individuals to be
least 4 decibels. subjected to blast overpressure or thermal
[44 FR 40861, July 12, 1979; 49 FR radiation flux levels in excess of the safety
10253, Mar. 20, 1984; 49 FR 12214, Mar. standards in SEC. 51.203. The ASD is
29, 1984] determined by applying the safety standards
established by this subpart C to the guidance
Subpart C_Siting of HUD- set forth in HUD Guidebook, ``Siting of
HUD-Assisted Projects Near Hazardous
Assisted Projects Near Facilities.'' {[[Page 384]]}
Hazardous Operations
Blast overpressure--means the pressure, the type of use of a building to habitation, or
in pounds per square inch, in excess of making a vacant building habitable.
normal atmospheric pressure on the Thermal radiation level--means the
surrounding medium caused by an emission and propagation of heat energy
explosion. through space or a material medium,
Danger zone--means the land area expressed in BTU per square foot per hour
circumscribed by the radius which (BTU/ft.2 hr.).
delineates the ASD of a given hazard. [49 FR 5103, Feb. 10, 1984, as
Hazard--means any stationary container amended at 61 FR 5204, Feb. 9, 1996; 61
which stores, handles or processes FR 13334, Mar. 26, 1996]
hazardous substances of an explosive or fire
prone nature. The term ``hazard'' does not Sec. 51.202 Approval of HUD-
include pipelines for the transmission of assisted projects.
hazardous substances, if such pipelines are
(a) The Department will not approve an
located underground or comply with
application for assistance for a proposed
applicable Federal, State and local safety
project located at less than the acceptable
standards. Also excepted are: (1) Containers
separation distance from a hazard, as
with a capacity of 100 gallons or less when
defined in SEC. 51.201, unless appropriate
they contain common liquid industrial fuels,
mitigating measures, as defined in SEC.
such as gasoline, fuel oil, kerosene and
51.205, are implemented, or unless
crude oil since they generally would pose no
mitigating measures are already in place.
danger in terms of thermal radiation of blast
(b) In the case of all applications for
overpressure to a project; and (2) facilities
proposed HUD-assisted projects, the
which are shielded from a proposed HUD-
Department shall evaluate projected
assisted project by the topography, because
development plans in the vicinity of these
these topographic features effectively
projects to determine whether there are plans
provide a mitigating measure already in
to install a hazardous operation in close
place.
proximity to the proposed project. If the
Hazardous substances--means
evaluation shows that such a plan exists, the
petroleum products (petrochemicals) and
Department shall not approve assistance for
chemicals that can produce blast
the project unless the Department obtains
overpressure or thermal radiation levels in
satisfactory assurances that adequate
excess of the standards set forth in SEC.
mitigating measures will be taken when the
51.203. A specific list of hazardous
hazardous operation is installed.
substance is found in appendix I to this
[49 FR 5103, Feb. 10, 1984, as
subpart.
amended at 61 FR 13334, Mar. 26, 1996]
HUD-assisted project--the
development, construction, rehabilitation,
modernization or conversion with HUD Sec. 51.203 Safety standards.
subsidy, grant assistance, loan, loan The following standards shall be used
guarantee, or mortgage insurance, of any in determining the acceptable separation
project which is intended for residential, distance of a proposed HUD-assisted project
institutional, recreational, commercial or from a hazard:
industrial use. For purposes of this subpart (a) Thermal Radiation Safety Standard.
the terms ``rehabilitation'' and Projects shall be located so that:
``modernization'' refer only to such repairs (1) The allowable thermal radiation
and renovation of a building or buildings as flux level at the building shall not exceed
will result in an increased number of people 10,000 BTU/sq. ft. per hr.;
being exposed to hazardous operations by (2) The allowable thermal radiation
increasing residential densities, converting flux level for outdoor, unprotected facilities

or areas of congregation shall not exceed (a) The nature of the topography
450 BTU/sq. ft. per hour. shields the proposed project from the
(b) Blast Overpressure Safety Standard. hazard.
Projects shall be located so that the (b) An existing permanent fire resistant
maximum allowable blast overpressure at structure of adequate size and strength will
both buildings and outdoor, unprotected shield the proposed project from the hazard.
facilities or areas shall not exceed 0.5 psi. (c) A barrier is constructed surrounding
(c) If a hazardous substance constitutes the hazard, at the site of the project, or in
both a thermal radiation and blast between the potential hazard and the
overpressure hazard, the ASD for each proposed project.
hazard shall be calculated, and {[[Page (d) The structure and outdoor areas
385]]} used by people are designed to withstand
the larger of the two ASDs shall be blast overpressure and thermal radiation
used to determine compliance with this anticipated from the potential hazard (e.g.,
subpart. the project is of masonry and steel or
(d) Background information on the reinforced concrete and steel construction).
standards and the logarithmic thermal
radiation and blast overpressure charts that Sec. 51.206 Implementation.
provide assistance in determining acceptable This subpart C shall be implemented
separation distances are contained in for each proposed HUD-assisted project by
appendix II to this subpart C. the HUD approving official or responsible
[49 FR 5103, Feb. 10, 1984, as entity responsible for review of the project.
amended at 61 FR 13334, Mar. 26, 1996] The implementation procedure will be part
of the environmental review process in
Sec. 51.204 HUD-assisted accordance with the procedures set forth in
hazardous facilities. 24 CFR parts 50 and 58.
In reviewing applications for proposed [61 FR 13334, Mar. 26, 1996]
HUD-assisted projects involving the
installation of hazardous facilities, the Sec. 51.207 Special
Department shall ensure that such hazardous circumstances.
facilities are located at an acceptable The Secretary or the Secretary's
separation distance from residences and designee may, on a case-by-case basis, when
from any other facility or area where people circumstances warrant, require the
may congregate or be present. The application of this subpart C with respect to
mitigating measures listed in SEC. 51.205 a substance not listed in appendix I to this
may be taken into account in determining subpart C that would create thermal or
compliance with this section. overpressure effect in excess of that listed in
SEC. 51.203.
Sec. 51.205 Mitigating [61 FR 13334, Mar. 26, 1996]
measures.
Application of the standards for Sec. 51.208 Reservation of
determining an Acceptable Separation administrative and legal rights.
Distance (ASD) for a HUD-assisted project Publication of these standards does not
from a potential hazard of an explosion or constitute a waiver of any right: (a) Of HUD
fire prone nature is predicated on level to disapprove a project proposal if the siting
topography with no intervening object(s) is too close to a potential hazard not covered
between the hazard and the project. by this subpart, and (b) of HUD or any
Application of the standards can be person or other entity to seek to abate or to
eliminated or modified if:
collect damages occasioned by a nuisance, Hazardous Gases
whether or not covered by the subpart. Acetaldehyde
Appendix I to Subpart C of Part 51-- Butadiene
Specific Hazardous Substances Butane
The following is a list of specific Ethene
petroleum products and chemicals defined to Ethylene
be hazardous substances under SEC. 51.201. Ethylene Oxide
Hazardous Liquids Hydrogen
Acetic Acid Liquefied Natural Gas (LNG)
Acetic Anhydride Liquefied Petroleum Gas (LPG)
Acetone Propane
Acrylonitrile Propylene
Amyl Acetate Vinyl Chloride
Amyl Alcohol (Primary Source: `Ùrban Development
Benzene Siting with respect to Hazardous
Butyl Acetate Commercial/Industrial Facilities,'' by Rolf
Butyl Acrylate Jensen and Associates, Inc., April 1982)
Butyl Alcohol [49 FR 5105, Feb. 10, 1984; 49 FR
Carbon Bisulfide 12214, Mar. 29, 1984]
Carbon Disulfide Appendix II to Subpart C of Part 51--
Cellosolve Development of Standards; Calculation
Cresols Methods
Crude Oil (Petroleum) I. Background Information Concerning
Cumene the Standards
Cyclohexane (a) Thermal Radiation:
No. 2 Diesel Fuel (1) Introduction. Flammable products
Ethyl Acetate stored in above ground containers represent
Ethyl Acrylate a definite, potential threat to human life and
Ethyl Alcohol structures in the event of fire. The resulting
Ethyl Benzene fireball emits thermal radiation which is
Ethyl Dichloride absorbed by the surroundings. Combustible
Ethyl Ether structures, such as wooden houses, may be
Gasoline ignited by the thermal radiation being
Heptane emitted. The radiation can cause severe
Hexane burn, injuries and even death to exposed
Isobutyl Acetate persons some distance away from the site of
Isobutyl Alcohol the fire.
Isopropyl Acetate (2) Criteria for Acceptable Separation
Isopropyl Alcohol Distance (ASD). Wooden buildings, window
Jet Fuel and Kerosene {[[Page 386]]} drapes and trees generally ignite
spontaneously when exposed for a relatively
Methyl Alcohol long period of time to thermal radiation
Methyl Amyl Alcohol levels of approximately 10,000 Btu/hr. sq. ft.
Methyl Cellosolve It will take 15 to 20 minutes for a building to
Methyl Ethyl Ketone ignite at that degree of thermal intensity.
Naptha Since the reasonable response time for fire
Pentane fighting units in urbanized areas is
Propylene Oxide approximately five to ten minutes, a
Toluene standard of 10,000 BTU/hr. sq. ft. is
Vinyl Acetate considered an acceptable level of thermal
Xylene radiation for buildings.

People in outdoor areas exposed to a been determined by the military and
thermal radiation flux level of corroborated by two independent studies
approximately 1,500 Btu/ft2 conducted for the Department of Housing
hr will suffer intolerable pain after 15 and Urban Development that 0.5 psi is the
seconds. Longer exposure causes blistering, acceptable level of blast overpressure for
permanent skin damage, and even death. both buildings and occupants, because a
Since it is assumed that children and the frame structure can normally withstand that
elderly could not take refuge behind walls or level of external exertion with no serious
run away from the thermal effect of the fire structural damage, and it is unlikely that
within the 15 seconds before skin blistering human beings inside the building would
occurs, unprotected (outdoor) areas, such as normally suffer any serious injury. Using
playgrounds, parks, yards, school grounds, this as the safety standard for blast
etc., must be placed at such a distance from overpressure, nomographs have been
potential fire locations so that the radiation developed from which an ASD can be
flux level is well below 1500 Btu/ determined for a given quantify of
ft2 hr. An acceptable hazardous substance. These nomographs are
flux level, particularly for elderly people and contained in the handbook with detailed
children, is 450 Btu/ft2 hr. instructions on their use.
The skin can be exposed to this degree of (c) Hazard evaluation:
thermal radiation for 3 minutes or longer The Acceptable Separation Distances
with no serious detrimental effect. The result for buildings, which are determined for
would be the same as a bad sunburn. thermal radiation and blast overpressure,
Therefore, the standard for areas in which delineate separate identifiable danger zones
there will be exposed people, e.g. outdoor for each potential accident source. For some
recreation areas such as playgrounds and materials the fire danger zone will have the
parks, is set at 450 Btu/hr. sq. ft. Areas greatest radius and cover the largest area,
covered also include open space ancillary to while for others the explosion danger zone
residential structures, such as yard areas and will be the greatest. For example,
vehicle parking areas. conventional petroleum fuel products stored
(3) Acceptable Separation Distance in unpressurized tanks do not emit blast
From a Potential Fire Hazard. This is the overpressure of dangerous levels when
actual setback required for the safety of ignited. In most cases, hazardous substances
occupied buildings and their inhabitants, and will be stored in {[[Page 387]]}
people in open spaces (exposed areas) from pressurized containers. The resulting
a potential fire hazard. The specific distance blast overpressure will be experienced at a
required for safety from such a hazard greater distance than the resulting thermal
depends upon the nature and the volume of radiation for the standards set in Section
the substance. The Technical Guidebook 51.203. In any event the hazard requiring the
entitled `Ùrban Development Siting With greatest separation distance will prevail in
Respect to Hazardous/Commercial determining the location of HUD-assisted
Industrial Facilities,'' which supplements this projects.
regulation, contains the technical guidance The standards developed for the
required to compute Acceptable Separation protection of people and property are given
Distances (ASD) for those flammable in the following table.
substances most often encountered. ------------------------------------------------
(b) Blast Overpressure: ------------------------
The Acceptable Separation Distance Blast
(ASD) for people and structures from Thermal radiation overpressure
materials prone to explosion is dependent ------------------------------------------------
upon the resultant blast measured in pounds ------------------------
per square inch (psi) overpressure. It has
Amount of acceptable exposure 10,000 a safe distance with regards to blast
BTU/ft2 hr.. 0.5 psi. overpressure. {[[Page 388]]}
allowed for building structures. [GRAPHIC] [TIFF OMITTED]
Amount of acceptable exposure 450 TC12OC91.001
BTU/ft2 hr..... 0.5 psi. ASD For Fire
allowed for people in open areas. To determine the ASD for fire it will be
------------------------------------------------ necessary to first find the fire width
------------------------ (diameter of the fireball) on Figure 2. Then
Problem Example apply this to Figure 3 to determine the ASD.
The following example is given as a Since there are two safety standards for
guide to assist in understanding how the fire: (a) 10,000 BTU/
procedures are used to determine an ft2 hr. for buildings; and
acceptable separation distance. The (b) 450 BTU/ft2 hr. for
technical data are found in the HUD people in exposed areas, it will be necessary
Guidebook. Liquid propane is used in the to determine an ASD for each.
example since it is both an explosion and a To determine the fire width locate the
fire hazard. 30,000 gallon point on the horizontal axis on
In this hypothetical case a proposed Figure 2 and draw a vertical line to the
housing project is to be located 850 feet straight line curve. Then draw a horizontal
from a 30,000 gallon liquid propane (LPG) line from the point where the lines cross to
tank. The objective is to determine the the left vertical axis where the FIRE
acceptable separation distance from the LPG WIDTH is found to be 350 feet. {[[Page
tank. Since propane is both explosive and 389]]}
fire prone it will be necessary to determine Now locate the 350 ft. point on the
the ASD for both explosion and for fire. The horizontal axis of Figure 3 and draw a
greatest of the two will govern. There is no vertical line from that point to curves 1 and
dike around the tank in this example. 2. Then draw horizontal lines from the
Nomographs from the technical points where the lines cross to the left
Guidebook have been reproduced to vertical axis where the ACCEPTABLE
facilitate the solving of the problem. SEPARATION DISTANCES of 240 feet for
ASD For Explosion buildings and 1,150 feet for exposure to
Use Figure 1 to determine the people is found.
acceptable separation distance for explosion. Based on this the proposed project site
The graph depicted on Figure 1 is is located at a safe distance from a potential
predicated on a blast overpressure of 0.5 psi. fireball. However, exposed playgrounds or
The ASD in feet can be determined by other exposed areas of congregation must be
applying the quantity of the hazard (in at least 1,150 feet from the tank, or be
gallons) to the graph. appropriately shielded from a potential
In this case locate the 30,000 gallon fireball.
point on the horizontal axis and draw a (Source: HUD Handbook, `Ùrban
vertical line from that point to the Development Siting With Respect to
intersection with the straight line curve. Hazardous Commercial/Industrial
Then draw a horizontal line from the point Facilities.'')
where the lines cross to the left vertical axis [GRAPHIC] [TIFF OMITTED]
where the ACCEPTABLE SEPARATION TC12OC91.002
DISTANCE of 660 feet is found. {[[Page 390]]}
Therefore the ASD for explosion is 660
feet [GRAPHIC] [TIFF OMITTED]
Since the proposed project site is TC12OC91.003
located 850 feet from the tank it is located at

[49 FR 5105, Feb. 10, 1984; 49 FR (c) Civil Airport. An existing
12214, Mar. 29, 1984] {[[Page 391]]} commercial service airport as designated in
the National Plan of Integrated Airport
Subpart D_Siting of HUD Systems prepared by the Federal Aviation
Administration in accordance with section
Assisted Projects in Runway 504 of the Airport and Airway Improvement
Clear Zones at Civil Airports Act of 1982.
and Clear Zones and (d) Runway Clear Zones and Clear
Accident Potential Zones at Zones. Areas immediately beyond the ends
of a runway. The standards for Runway
Military Airfields Clear Zones for civil airports are established
Authority: SEC. 2, Housing Act of by FAA regulation 14 CFR part 152. The
1949, as amended, 42 U.S.C. 1441, affirmed standards for Clear Zones for military
by SEC. 2, HUD Act of 1969, Pub. L. 90- airfields are established by DOD Instruction
448; SEC. 7(d), HUD Act of 1965, 42 4165.57, 32 CFR part 256.
U.S.C. 3535(d); OMB, Fed'l Mgmt. Cir. 75-
2: Compatible Land Uses At Federal Sec. 51.302 Coverage.
Airfields.
(a) These policies apply to HUD
Source: 49 FR 880, Jan. 6, 1984, unless
programs which provide assistance, subsidy
otherwise noted.
or insurance for construction, land
development, community development or
Sec. 51.300 Purpose. redevelopment or any other provision of
It is the purpose of this subpart to facilities and services which are designed to
promote compatible land uses around civil make land available for construction. When
airports and military airfields by identifying the HUD assistance, subsidy or insurance is
suitable land uses for Runway Clear Zones used to make land available for construction
at civil airports and Clear Zones and rather than for the actual construction, the
Accident Potential Zones at military provision of the HUD assistance, subsidy or
airfields and by establishing them as insurance shall be dependent upon whether
standards for providing HUD assistance, the facility to be built is itself acceptable in
subsidy or insurance. accordance with the standards in SEC.
[49 FR 880, Jan. 6, 1984, as amended 51.303.
at 61 FR 13334, Mar. 26, 1996] (b) These policies apply not only to
new construction but also to substantial or
Sec. 51.301 Definitions. major modernization and rehabilitation and
For the purposes of this regulation, the to any other program which significantly
following definitions apply: prolongs the physical or economic life of
(a) Accident Potential Zone. An area at existing facilities or which, in the case of
military airfields which is beyond the Clear Accident Potential Zones:
Zone. The standards for the Accident (1) Changes the use of the facility so
Potential Zones are set out in Department of that it becomes one which is no longer
Defense Instruction 4165.57, `Àir acceptable in accordance with the standards
Installations Compatible Use Zones,'' contained in SEC. 51.303(b);
November 8, 1977, 32 CFR part 256. There (2) Significantly increases the density
are no Accident Potential Zones at civil or number of people at the site; or
airports. (3) Introduces explosive, flammable or
(b) Airport Operator. The civilian or toxic materials to the area.
military agency, group or individual which (c) Except as noted in SEC.
exercises control over the operations of the 51.303(a)(3), these policies do not apply to
civil airport or military airfield. HUD programs where the action only
involves the purchase, sale or rental of an operator. The buyer must sign a statement
existing property without significantly acknowledging receipt of this information.
prolonging the physical or economic life of (b) HUD policy for actions in Accident
the property. Potential Zones at Military Airfields. HUD
(d) The policies do not apply to policy is to discourage the provision of any
research or demonstration projects which do assistance, subsidy or insurance for projects
not result in new construction or and actions in the Accident Potential Zones.
reconstruction, to interstate land sales To be approved, projects must be generally
registration, or to any action or emergency consistent with the recommendations in the
assistance which is provided to save lives, Land Use Compatibility Guidelines For
protect property, protect public health and Accident Potential Zones chart contained in
safety, or remove debris and wreckage. DOD Instruction 4165.57, 32 CFR part 256.
[49 FR 880, Jan. 6, 1984, as amended [49 FR 880, Jan. 6, 1984, as amended
at 61 FR 13334, Mar. 26, 1996] {[[Page at 61 FR 13334, Mar. 26, 1996]
392]]}
Sec. 51.304 Responsibilities.
Sec. 51.303 General policy. (a) The following persons have the
It is HUD's general policy to apply authority to approve actions in Accident
standards to prevent incompatible Potential Zones:
development around civil airports and (1) For programs subject to
military airfields. environmental review under 24 CFR part 58:
(a) HUD policy for actions in Runway the Certifying Officer of the responsible
Clear Zones and Clear Zones. entity as defined in 24 CFR part 58.
(1) HUD policy is not to provide any (2) For all other HUD programs: the
assistance, subsidy or insurance for projects HUD approving official having approval
and actions covered by this part except as authority for the project.
stated in SEC. 51.303(a)(2) below. (b) The following persons have the
(2) If a project proposed for HUD authority to approve actions in Runway
assistance, subsidy or insurance is one Clear Zones and Clear Zones:
which will not be frequently used or (1) For programs subject to
occupied by people, HUD policy is to environmental review under 24 CFR part 58:
provide assistance, subsidy or insurance The Certifying Officer of the responsible
only when written assurances are provided entity as defined in 24 CFR part 58.
to HUD by the airport operator to the effect (2) For all other HUD programs: the
that there are no plans to purchase the land Program Assistant Secretary.
involved with such facilities as part of a [61 FR 13335, Mar. 26, 1996]
Runway Clear Zone or Clear Zone
acquisition program. Sec. 51.305 Implementation.
(3) Special notification requirements (a) Projects already approved for
for Runway Clear Zones and Clear Zones. In assistance. This regulation does not apply to
all cases involving HUD assistance, subsidy, any project approved for assistance prior to
or insurance for the purchase or sale of an the effective date of the regulation whether
existing property in a Runway Clear Zone or the project was actually under construction
Clear Zone, HUD (or the responsible entity at that date or not.
or recipient under 24 CFR part 58) shall (b) Acceptable data on Runway Clear
advise the buyer that the property is in a Zones, Clear Zones and Accident Potential
Runway Clear Zone or Clear Zone, what the Zones. The only Runway Clear Zones, Clear
implications of such a location are, and that Zones and Accident Potential Zones which
there is a possibility that the property may, will be recognized in applying this part are
at a later date, be acquired by the airport those provided by the airport operators and

which for civil airports are defined in
accordance with FAA regulations 14 CFR
part 152 or for military airfields, DOD 24 CFR 55 Floodplain
Instruction 4165.57, 32 CFR part 256. All
data, including changes, related to the Management
dimensions of Runway Clear Zones for civil [Code of Federal Regulations]
airports shall be verified with the nearest [Title 24, Volume 1]
FAA Airports District Office before use by [Revised as of April 1, 2004]
HUD. From the U.S. Government Printing
(c) Changes in Runway Clear Zones, Office via GPO Access
Clear Zones, and Accident Potential Zones. [Page 396-405]
If changes in the Runway Clear Zones, Clear TITLE 24--HOUSING AND URBAN
Zones or Accident Potential Zones are DEVELOPMENT
made, the field offices shall immediately PART 55_FLOODPLAIN
adopt these revised zones for use in MANAGEMENT
reviewing proposed projects.
(d) The decision to approve projects in Subpart A_General
the Runway Clear Zones, Clear {[[Page 55.1 Purpose and basic responsibility.
393]]} 55.2 Terminology.
Zones and Accident Potential Zones 55.3 Assignment of responsibilities.
must be documented as part of the
enviornmental assessment or, when no Subpart B_Application of Executive
assessment is required, as part of the project Order on Floodplain Management
file. 55.10 Environmental review
procedures under 24 CFR parts 50 and 58.
55.11 Applicability of subpart C
decision making process.
55.12 Inapplicability of 24 CFR part 55
to certain categories of proposed actions.
Subpart C_Procedures for Making

Determinations on Floodplain Management
55.20 Decision making process.
55.21 Notification of floodplain hazard.
55.22 Conveyance restrictions for the
disposition of multifamily real property.
55.23 [Reserved]
55.24 Aggregation.
55.25 Areawide compliance.
55.26 Adoption of another agency's
review under the executive orders.
55.27 Documentation.
Authority: 42 U.S.C. 3535(d) and

4001-4128; E.O. 11988, 42 FR 26951, 3
CFR, 1977 Comp., p. 117.
Source: 59 FR 19107, Apr. 21, 1994,
24 CFR 55 Floodplain Management
Subpart A_General financial assistance in the form of formula

grants to states, including financial
Sec. 55.1 Purpose and basic assistance under the State-administered
CDBG Program (24 CFR part 570, subpart
responsibility. I) and the State-administered Rental
(a) This part implements the Rehabilitation Program (24 CFR 511.51),
requirements of Executive Order 11988, Emergency Shelter Grant amounts allocated
Floodplain Management, and employs the to States (24 CFR parts 575 and 576), and
principles of the Unified National Program HOME funds provided to a state under Title
for Floodplain Management. It covers the II of the Cranston-Gonzalez National
proposed acquisition, construction, Affordable Housing Act (42 U.S.C. 12701-
improvement, disposition, financing and use 12839).
of properties located in a floodplain for (c) Except with respect to actions listed
which approval is required either from HUD in SEC. 55.12(c), no HUD financial
under any applicable HUD program or from assistance (including mortgage insurance)
a grant recipient subject to 24 CFR part 58. may be approved after May 23, 1994 with
This part does not prohibit approval of such respect to:
actions (except for certain actions in high (1) Any action, other than a
hazard areas), but provides a consistent functionally dependent use, located in a
means for implementing the Department's floodway;
interpretation of the executive order in the (2) Any critical action located in a
project approval decision making processes coastal high hazard area; or
of HUD and of grant recipients subject to 24 (3) Any non-critical action located in a
CFR part 58. The implementation of coastal high hazard area, unless the action is
Executive Order 11988 under this part shall designed for location in a coastal high
be conducted by HUD, for Department- hazard area or is a functionally dependent
administered programs subject to use. An action will be considered to be
environmental review under 24 CFR part 50, designed for location in a coastal high
and by authorized recipients of HUD hazard area if:
financial assistance subject to environmental (i) In the case of new construction or
review under 24 CFR part 58. {[[Page substantial improvement, the work meets the
397]]} current standards for V zones in FEMA
(b) Under section 202(a) of the Flood regulations (44 CFR 60.3(e)) and, if
Disaster Protection Act of 1973, 42 U.S.C. applicable, the Minimum Property Standards
4106(a), proposed HUD financial assistance for such construction in 24 CFR
(including mortgage insurance) for 200.926d(c)(4)(iii); or
acquisition or construction purposes in any (ii) In the case of existing construction
`àrea having special flood hazards'' (a flood (including any minor improvements):
zone designated by the Federal Emergency (A) The work met FEMA elevation and
Management Agency (FEMA)) shall not be construction standards for a coastal high
approved in communities identified by hazard area (or if such a zone or such
FEMA as eligible for flood insurance but standards were not designated, the 100-year
which are not participating in the National floodplain) applicable at the time the
Flood Insurance Program. This prohibition original improvements were constructed; or
only applies to proposed HUD financial (B) If the original improvements were
assistance in a FEMA- constructed before FEMA standards for the
designated area of special flood hazard 100-year floodplain became effective or
one year after the community has been before FEMA designated the location of the
formally notified by FEMA of the action as within the 100-year floodplain, the
designation of the affected area. This work would meet at least the earliest FEMA
prohibition is not applicable to HUD

standards for construction in the 100-year and police stations, and roadways providing
floodplain. sole egress from flood-prone areas); or
(C) Are likely to contain occupants
Sec. 55.2 Terminology. who may not be sufficiently mobile to avoid
(a) With the exception of those terms loss of life or injury during flood or storm
defined in paragraph (b) of this section, the events, e.g., persons who reside in hospitals,
terms used in this part shall follow the nursing homes, convalescent homes,
definitions contained in section 6 of intermediate care facilities, board and care
Executive Order 11988 and in the facilities, and retirement service centers.
Floodplain Management Guidelines for Housing for independent living for the
Implementing Executive Order 11988 (43 elderly is not considered a critical action.
FR 6030, February 10, 1978) issued by the (ii) Critical actions shall not be
Water Resources Council; and the terms approved in floodways or coastal high
``criteria'' and ``Regular Program'', shall hazard areas.
follow the definitions contained in FEMA (3) 500-year floodplain means the
regulations at 44 CFR 59.1. minimum floodplain of concern for Critical
(b) The definitions of the following Actions and is the area subject to inundation
terms in Executive Order 11988 and related from a flood having a 0.2 percent chance of
documents affecting this part are modified occurring in any given year. (See SEC.
for purposes of this part: 55.2(b)(1) for appropriate data sources.)
(1) Coastal high hazard area means the (4) Floodway means that portion of the
area subject to high velocity waters, floodplain which is effective in carrying
including but not limited to hurricane wave flow, where the flood hazard is generally the
wash or tsunamis. The area is designated on greatest, and where water depths and
a Flood Insurance Rate Map (FIRM) under velocities are the highest. The term
FEMA regulations as Zone V1-30, VE, or ``floodway'' as used here is consistent with
V. (FIRMs as well as Flood Hazard ``regulatory floodways'' as identified by
Boundary Maps (FHBM) shall also be relied FEMA. (See SEC. 55.2(b)(1) for appropriate
on for the delineation of ``100-year data sources.)
floodplains'' (SEC. 55.2(b)(8)), ``500-year (5) Functionally dependent use means a
floodplains'' (SEC. 55.2(b)(3)), and land use that must necessarily be conducted
``floodways'' (SEC. 55.2(b)(4)). in close proximity to water (e.g., a dam,
(2)(i) Critical action means any activity marina, port facility, water-front park, and
for which even a slight chance of flooding many types of bridges).
would be too great, because such flooding (6) High hazard area means a floodway
might result in loss of life, injury to persons, or a coastal high hazard area.
or damage to property. Critical actions (7) 100-year floodplain means the
include activities that create, maintain or floodplain of concern for this part and is the
extend {[[Page 398]]} area subject to a one percent or greater
the useful life of those structures or chance of flooding in any given year. (See
facilities that: SEC. 55.2(b)(1) for appropriate data
(A) Produce, use or store highly sources.)
volatile, flammable, explosive, toxic or (8)(i) Substantial improvement means
water-reactive materials; either:
(B) Provide essential and irreplaceable (A) Any repair, reconstruction,
records or utility or emergency services that modernization or improvement of a
may become lost or inoperative during flood structure, the cost of which equals or
and storm events (e.g., data storage centers, exceeds 50 percent of the market value of
generating plants, principal utility lines, the structure either:
emergency operations centers including fire (1) Before the improvement or repair is
started; or
(2) If the structure has been damaged, under their jurisdiction that are
and is being restored, before the damage proposed to be conducted, supported, or
occurred; or permitted in a floodplain;
(B) Any repair, reconstruction, (2) Ensure that actions approved by
modernization or improvement of a structure HUD or grant recipients are monitored and
that results in an increase of more than that any prescribed mitigation is
twenty percent in the number of dwelling implemented;
units in a residential project or in the (3) Ensure that the offices under their
average peak number of customers and jurisdiction have the technical resources to
employees likely to be on-site at any one implement the requirements of this part; and
time for a commercial or industrial project. (4) Incorporate in departmental
(ii) Substantial improvement may not regulations, handbooks, and project and site
be defined to include either: standards those criteria, standards, and
(A) Any project for improvement of a procedures necessary to comply with the
structure to comply with existing state or requirements of this part.
local health, sanitary or safety code (c) Recipient Certifying Officer. In
specifications that is solely necessary to accordance with section 9 of Executive
assure safe living conditions, or Order 11988, Certifying Officers of grant
(B) Any alteration of a structure listed recipients administering activities subject to
on the National Register of Historical Places 24 CFR part 58 shall: (1) Comply with this
or on a State Inventory of Historic Places. part in carrying out HUD-assisted programs,
(iii) Structural repairs, reconstruction, and
or improvements not meeting this definition (2) Monitor approved actions and
are considered ``minor improvements''. ensure that any prescribed mitigation is
implemented.
Sec. 55.3 Assignment of
responsibilities. Subpart B_Application of
(a)(1) The Assistant Secretary for Executive Order on
Community Planning and Development Floodplain Management
(CPD) shall oversee: (i) The Department's
implementation of the order and this part in Sec. 55.10 Environmental
all HUD programs, and
(ii) The implementation activities of
review procedures under 24
HUD program managers and grant CFR parts 50 and 58.
recipients for HUD financial assistance (a) Where an environmental review is
subject to 24 CFR part 58. required under the National Environmental
(2) In performing these responsibilities, Policy Act of 1969 (NEPA), 42 U.S.C.
the Assistant Secretary for CPD shall make 4332, and 24 CFR part 50 or part 58,
pertinent policy determinations in compliance with this part shall be completed
cooperation with appropriate program before the completion of an environmental
offices and provide necessary assistance, assessment (EA) including a finding of no
training, publications, and procedural significant environmental impact (FONSI),
guidance. or an environmental impact statement (EIS),
(b) Other HUD Assistant Secretaries, in accordance with the decision points listed
the General Counsel, and the President of in 24 CFR 50.17 (a) through (h), or before
the Government National Mortgage the preparation of an EA under 24 CFR
Association (GNMA) shall: (1) Ensure 58.40 or an EIS under 24 CFR 58.36. For
compliance with this part for all actions types of proposed actions that are
{[[Page 399]]} categorically excluded from National
Environmental Policy Act (NEPA)

requirements under 24 CFR part 50 (or part Critical actions as defined in Critical
58), compliance with this part shall be actions Critical actions Allowed if the
completed before the Department's initial Allowed if the Sec. 55.2(b)(2). not allowed.
(SAMA, conditional, etc.) approval (or the not allowed. proposed critical proposed
conditional commitment or approval by a critical action is action is processed under
grant recipient subject to 24 CFR part 58) of processed under Sec. 55.20 \1\. SEC. 55.20
proposed actions in a floodplain. \1\. {[[Page 400]]}
(b) The categorical exclusion of certain
proposed actions from environmental review Non-critical actions not Allowed only if
requirements under NEPA and 24 CFR parts Allowed only if Allowed if the Any non-
50 and 58 (see 24 CFR 50.20 and 58.35) critical excluded under SEC. 55.12 (b) the
does not exclude those actions from proposed the proposed proposed action
compliance with this part. action is allowed or (c). action is a action:
(1) Is is processed without functionally
Sec. 55.11 Applicability of either (a) under SEC. processing under
subpart C decision making dependent use and designed for 55.20 \1\.
this part.
process.
processed under location in a Sec.
(a) Before reaching the decision points 55.20 \1\. coastal high hazard area or (b) a
described in SEC. 55.10(a), HUD (for functionally dependent use; and (2) is
Department-administered programs) or the processed under Sec. 55.20 \1\.
grant recipient (for HUD financial assistance ------------------------------------------------
subject to 24 CFR part 58) shall determine ------------------------------------------------------
whether Executive Order 11988 and this part ----------
apply to the proposed action. \1\ Or those paragraphs of SEC. 55.20
(b) If Executive Order 11988 applies, that are applicable to an action listed in
the approval of a proposed action or initial SEC. 55.12(a).
commitment shall be made in accordance
with this part. The primary purpose of Sec. 55.12 Inapplicability of 24
Executive Order 11988 is to `àvoid direct
or indirect support of floodplain
CFR part 55 to certain
development.'' categories of proposed actions.
(c) The following table indicates the (a) The decision making steps in SEC.
applicability, by location and type of action, 55.20 (b), (c) and (g) (steps 2, 3 and 7) shall
of the decision making process for not apply to the following categories of
implementing Executive Order 11988 under proposed actions: (1) HUD actions
subpart C of this part. involving the disposition of HUD-acquired
Table 1 multifamily housing projects or ``bulk sales''
------------------------------------------------ of HUD-acquired one- to four-family
------------------------------------------------------ properties in communities that are in the
---------- Regular Program of the National Flood
Type of proposed location Insurance Program (NFIP) and in good
Type of proposed action (new standing (i.e., not suspended from program
reviewable action or an amendment) eligibility or placed on probation under 44
100-year Area between 100- and 500- CFR 59.24).
year floodplain Floodways Coastal high (2) HUD's actions under section 223(f)
floodplain outside hazard areas high hazard of the National Housing Act (12 U.S.C.
area 1715n(f)) for the purchase or refinancing of
------------------------------------------------ existing multifamily housing projects
------------------------------------------------------ (including hospitals, nursing homes, board
---------- and care facilities, and intermediate care
facilities) in communities that are in good any physical impacts or changes except for
standing under the NFIP. routine maintenance.
(3) HUD mortgage insurance actions (c) This part shall not apply to the
for the repair, rehabilitation, modernization following categories of proposed HUD
or improvement of existing multifamily actions:
housing projects (including nursing homes, (1) HUD-assisted exempt activities
board and care facilities and intermediate described in 24 CFR 58.34; {[[Page 401]]}
care facilities) and existing one- to four- (2) Policy level actions described at 24
family properties, in communities that are in CFR 50.16 that do not involve site-based
the Regular Program of the NFIP and are in decisions;
good standing, provided that the number of (3) HUD's implementation of the full
units is not increased more than 20 percent, disclosure and other registration
the action does not involve a conversion requirements of the Interstate Land Sales
from nonresidential to residential land use, Disclosure Act (15 U.S.C. 1701--1720);
and the footprint of the structure and paved (4) An action involving a repossession,
areas is not significantly increased. receivership, foreclosure, or similar
(b) The decision making process in acquisition of property to protect or enforce
SEC. 55.20 shall not apply to the following HUD's financial interests under previously
categories of proposed actions: (1) HUD's approved loans, grants, mortgage insurance,
mortgage insurance actions and other or other HUD assistance;
financial assistance for the purchasing, (5) A minor amendment to a previously
mortgaging or refinancing of existing one- approved action with no additional adverse
to four-family properties in communities impact on or from a floodplain;
that are in the Regular Program of the (6) HUD's approval of a project site, an
National Flood Insurance Program (NFIP) incidental portion of which is situated in an
and in good standing (i.e., not suspended adjacent floodplain, but only if: (i) The
from program eligibility or placed on proposed construction and landscaping
probation under 44 CFR 59.24), where the activities (except for minor grubbing,
action is not a critical action and the clearing of debris, pruning, sodding,
property is not located in a floodway or seeding, etc.) do not occupy or modify the
coastal high hazard area; 100-year floodplain or the 500-year
(2) Financial assistance for minor floodplain (for Critical Actions);
repairs or improvements on one- to four- (ii) Appropriate provision is made for
family properties that do not meet the site drainage; and
thresholds for ``substantial improvement'' (iii) A covenant or comparable
under SEC. 55.2(b)(8); restriction is placed on the property's
(3) HUD actions involving the continued use to preserve the floodplain;
disposition of individual HUD- (7) An action for interim assistance,
acquired, one- to four-family assistance under the section 232(i) Fire
properties; and Safety Equipment Loan Insurance Program,
(4) HUD guarantees under the Loan or emergency activities involving imminent
Guarantee Recovery Fund Program (24 CFR threats to health and safety, and limited to
part 573) of loans that refinance existing necessary protection, repair or restoration
loans and mortgages, where any new activities to control the imminent risk or
construction or rehabilitation financed by damage;
the existing loan or mortgage has been (8) HUD's approval of financial
completed prior to the filing of an assistance for a project on any site in a
application under the program, and the floodplain for which FEMA has issued:
refinancing will not allow further (i) A final Letter of Map Amendment
construction or rehabilitation, nor result in (LOMA) or final Letter of Map Revision

(LOMR) that removed the property from a steps, including public notices and an
FEMA-designated floodplain location; or examination of practicable alternatives. The
(ii) A conditional LOMA or conditional steps to be followed in the decision making
LOMR if the HUD approval is subject to the process are:
requirements and conditions of the (a) Step 1. Determine whether the
conditional LOMA or conditional LOMR; proposed action is located in a 100-year
(9) HUD's acceptance of a housing floodplain (or a 500-year floodplain for a
subdivision approval action by the Critical Action). If the proposed action
Department of Veterans Affairs or Farmers would not be conducted in one of those
Home Administration in accordance with locations, then no further compliance with
section 535 of the Housing Act of 1949 (42 this part is required.
U.S.C. 1490o); (b) Step 2. Notify the public at the
(10) An action that was, on May 23, earliest possible time of a proposal to
1994, already approved by HUD (or a grant consider an action in a floodplain (or in the
recipient subject to 24 CFR part 58) and is 500-year floodplain for a Critical Action),
being implemented (unless approval is and involve the affected and interested
requested for a new reviewable action), public in the decision making process.
provided that SEC. Sec. 55.21 and 55.22 {[[Page 402]]}
apply where the covered transactions under (1) The public notices required by
those sections have not yet occurred, and paragraphs (b) and (g) of this section may be
that any hazard minimization measures combined with other project notices
required by HUD (or a grant recipient wherever appropriate. Notices required
subject to 24 CFR part 58) under its under this part must be bilingual if the
implementation of Executive Order 11988 affected public is largely non-English
before May 23, 1994 shall be completed; speaking. In addition, all notices must be
(11) Issuance or use of Housing published in an appropriate local printed
Vouchers, Certificates under the Section 8 news medium, and must be sent to federal,
Existing Housing Program, or other forms of state, and local public agencies,
rental subsidy where HUD, the awarding organizations, and, where not otherwise
community, or the public housing agency covered, individuals known to be interested
that administers the contract awards rental in the proposed action.
subsidies that are not project- (2) A minimum of 15 calendar days
based (i.e., do not involve site-specific shall be allowed for comment on the public
subsidies); and notice.
(12) Secondary mortgage operations of (3) A notice under this paragraph shall
the Government National Mortgage state: the name, proposed location and
Association (GNMA). description of the activity; the total number
[59 FR 19107, Apr. 21, 1994, as of acres of floodplain involved; and the
amended at 59 FR 33199, June 28, 1994; 62 HUD official and phone number to contact
FR 15802, Apr. 2, 1997] for information. The notice shall indicate the
hours and the HUD office at which a full
Subpart C_Procedures for description of the proposed action may be
reviewed.
Making Determinations on (c) Step 3. Identify and evaluate
Floodplain Management practicable alternatives to locating the
proposed action in a floodplain (or the 500-
Sec. 55.20 Decision making year floodplain for a Critical Action).
process. (1) The consideration of practicable
The decision making process for alternatives to the proposed site or method
compliance with this part contains eight may include:
(i) Locations outside the floodplain (or practicable alternative to locating the
500-year floodplain for a Critical Action); proposal in the floodplain (or the 500-year
(ii) Alternative methods to serve the floodplain for a Critical Action), publish a
identical project objective; and final notice that includes:
(iii) A determination not to approve any (i) The reasons why the proposal must
action. be located in the floodplain;
(2) In reviewing practicable (ii) A list of the alternatives considered;
alternatives, the Department or a grant and
recipient subject to 24 CFR part 58 shall (iii) All mitigation measures to be taken
consider feasible technological alternatives, to minimize adverse impacts and to restore
hazard reduction methods and related and preserve natural and beneficial values.
mitigation costs, and environmental impacts. (2) In addition, the public notice
(d) Step 4. Identify the potential direct procedures of SEC. 55.20(b)(1) shall be
and indirect impacts associated with the followed, and a minimum of 7 calendar days
occupancy or modification of the floodplain for public comment before approval of the
(or 500- proposed action shall be provided.
year floodplain for a Critical Action). (h) Step 8. Upon completion of the
(e) Step 5. Where practicable, design or decision making process in Steps 1 through
modify the proposed action to minimize the 7, implement the proposed action. There is a
potential adverse impacts within the continuing responsibility to ensure that the
floodplain (including the 500-year mitigating measures identified in Step 7 are
floodplain for a Critical Action) and to implemented. {[[Page 403]]}
restore and preserve its natural and
beneficial values. All critical actions in the Sec. 55.21 Notification of
500-year floodplain shall be designed and floodplain hazard.
built at or above the 100-
For HUD programs under which a
year floodplain (in the case of new
financial transaction for a property located
construction) and modified to include:
in a floodplain (a 500-year floodplain for a
(1) Preparation of and participation in
Critical Action) is guaranteed, approved,
an early warning system;
regulated or insured, any private party
(2) An emergency evacuation and
participating in the transaction and any
relocation plan;
current or prospective tenant shall be
(3) Identification of evacuation route(s)
informed by HUD (or by HUD's designee,
out of the 500-year floodplain; and
e.g., a mortgagor) or a grant recipient
(4) Identification marks of past or
subject to 24 CFR part 58 of the hazards of
estimated flood levels on all structures.
the floodplain location before the execution
(f) Step 6. Reevaluate the proposed
of documents completing the transaction.
action to determine:
(1) Whether it is still practicable in
light of its exposure to flood hazards in the Sec. 55.22 Conveyance
floodplain, the extent to which it will restrictions for the disposition
aggravate the current hazards to other of multifamily real property.
floodplains, and its potential to disrupt (a) In the disposition (including
floodplain values; and leasing) of multifamily properties acquired
(2) Whether alternatives preliminarily by HUD that are located in a floodplain (a
rejected at Step 3 (paragraph (c)) of this 500-year floodplain for a Critical Action),
section are practicable in light of the the documents used for the conveyance
information gained in Steps 4 and 5 must: (1) Refer to those uses that are
(paragraphs (d) and (e)) of this section. restricted under identified federal, state, or
(g) Step 7. (1) If the reevaluation local floodplain regulations; and
results in a determination that there is no

(2) Include any land use restrictions areawide compliances, the area for
limiting the use of the property by a grantee examination may include a sector of, or the
or purchaser and any successors under state entire, floodplain--as relevant to the
or local laws. proposed or anticipated actions. The
(b)(1) For disposition of multifamily areawide compliance process shall be in
properties acquired by HUD that are located accord with the decision making process
in a 500-year floodplain and contain Critical under SEC. 55.20.
Actions, HUD shall, as a condition of (b) The areawide compliance process
approval of the disposition, require by shall address the relevant executive orders
covenant or comparable restriction on the and shall consider local land use planning
property's use that the property owner and and development controls (e.g., those
successive owners provide written enforced by the community for purposes of
notification to each current and prospective floodplain management under the National
tenant concerning: (i) The hazards to life Flood Insurance Program (NFIP)) and
and to property for those persons who reside applicable state programs for floodplain
or work in a structure located within the management. The process shall include the
500-year floodplain, and development and publication of a strategy
(ii) The availability of flood insurance that identifies the range of development and
on the contents of their dwelling unit or mitigation measures under which the
business. proposed HUD assistance may be approved
(2) The notice shall also be posted in and that indicates the types of actions that
the building so that it will be legible at all will not be approved in the floodplain.
times and easily visible to all persons (c) Individual actions that fit within the
entering or using the building. types of proposed HUD actions specifically
[59 FR 19107, Apr. 21, 1994, as addressed under the areawide compliance do
amended at 59 FR 33199, June 28, 1994] not require further compliance with SEC.
55.20 except that a determination by the
Sec. 55.23 [Reserved] Department or a grant recipient subject to 24
CFR part 58 shall be made concerning
Sec. 55.24 Aggregation. whether the individual action accords with
the areawide strategy. Where the individual
Where two or more actions have been
action does not accord with the {[[Page
proposed, require compliance with subpart C
404]]}
of this part, affect the same floodplain, and
areawide strategy, specific
are currently under review by the
development and mitigation measures shall
Department (or by a grant recipient subject
be prescribed as a condition of HUD's
to 24 CFR part 58), individual or aggregated
approval of the individual action.
approvals may be issued. A single
(d) Areawide compliance under the
compliance review and approval under this
procedures of this section is subject to the
section is subject to compliance with the
following provisions: (1) It shall be initiated
decision making process in SEC. 55.20.
by HUD through a formal agreement of
understanding with affected local
Sec. 55.25 Areawide governments concerning mutual
compliance. responsibilities governing the preparation,
(a) A HUD-approved areawide issuance, implementation, and enforcement
compliance process may be substituted for of the areawide strategy;
individual compliance or aggregated (2) It may be performed jointly with
compliance under SEC. 55.24 where a series one or more Federal departments or
of individual actions is proposed or agencies, or grant recipients subject to 24
contemplated in a pertinent area for HUD's CFR part 58 that serve as the responsible
examination of floodplain hazards. In Federal official;
(3) It shall establish mechanisms to Sec. 55.26 Adoption of another
ensure that: (i) The terms of approval of agency's review under the
individual actions (e.g., concerning
structures and facilities) will be consistent
executive orders.
with the areawide strategy; If a proposed action covered under this
(ii) The controls set forth in the part is already covered in a prior review
areawide strategy are implemented and performed under the executive order by
enforced in a timely manner; and another agency, that review may be adopted
(iii) Where necessary, mitigation for by HUD or by a grant recipient authorized
individual actions will be established as a under 24 CFR part 58, provided that:
condition of approval. (a) There is no pending litigation
(4) An open scoping process (in relating to the other agency's review for
accordance with 40 CFR 1501.7) shall be floodplain management;
used for determining the scope of issues to (b) The adopting agency makes a
be addressed and for identifying significant finding that:
issues related to housing and community (1) The type of action currently
development for the floodplain; proposed is comparable to the type of action
(5) Federal, state and local agencies previously reviewed by the other agency;
with expertise in floodplain management, and
flood evacuation preparedness, land use (2) There has been no material change
planning and building regulation, or soil and in circumstances since the previous review
natural resource conservation shall be was conducted; and
invited to participate in the scoping process (c) As a condition of approval,
and to provide advice and comments; and mitigation measures similar to those
(6) Eligibility for participation in and prescribed in the previous review shall be
the use of the areawide compliance must be required of the current proposed action.
limited to communities that are in the
Regular Program of the National Flood Sec. 55.27 Documentation.
Insurance Program and in good standing (a) For purposes of compliance with
(i.e., not suspended from program eligibility SEC. 55.20, the responsible HUD official
or placed on probation under 44 CFR who would approve the proposed action (or
59.24), thereby demonstrating a capacity for the Certifying Officer for a grant recipient
and commitment to floodplain management subject to 24 CFR part 58) shall require that
standards sufficient to perform the following actions be documented: (1)
responsibilities under this part. Under SEC. 55.20(c), practicable alternative
(7) An expiration date (not to exceed sites have been considered outside the
ten years from the date of the formal floodplain, but within the local housing
adoption by the local governments) for HUD market area, the local public utility service
approval of areawide compliance under this area, or the jurisdictional boundaries of a
part must be stated in the agreement recipient unit of general local government
between the local governments and HUD. In (as defined in 24 CFR 570.3), whichever
conjunction with the setting of an expiration geographic area is more appropriate to the
date, a mechanism for HUD's reevaluation proposed HUD action. Actual sites under
of the appropriateness of areawide review must be identified and the reasons
compliance must be provided in the for the non-
agreement. selection of those sites as practicable
alternatives must be described; and
{[[Page 405]]}
(2) Under SEC. 55.20(e), measures to

minimize the potential adverse impacts of

the proposed action on the affected
floodplain as identified in SEC. 55.20(d)
have been applied to the design for the 24 CFR 58 Environmental
proposed action.
(b) For purposes of compliance with Review Procedures
SEC. 55.24, SEC. 55.25, or SEC. 55.26 (as [Code of Federal Regulations]
appropriate), the responsible HUD official [Title 24, Volume 1]
(or the Certifying Officer for a grant [Revised as of April 1, 2004]
recipient subject to 24 CFR part 58) who From the U.S. Government Printing
would approve the proposed action shall Office via GPO Access
require documentation of compliance with [Page 405-424]
the required conditions. TITLE 24--HOUSING AND URBAN
(c) Documentation of compliance with DEVELOPMENT
this part (including copies of public notices) PART 58_ENVIRONMENTAL
must be attached to the environmental REVIEW PROCEDURES FOR ENTITIES
assessment, the environmental impact ASSUMING HUD ENVIRONMENTAL
statement or the compliance record and be RESPONSIBILITIES
maintained as a part of the project file. In
addition, for environmental impact Subpart A_Purpose, Legal Authority,
statements, documentation of compliance Federal Laws and Authorities
with this part must be included as a part of 58.1 Purpose and applicability.
the record of decision (or environmental 58.2 Terms, abbreviations and
review record for grant recipients subject to definitions.
24 CFR part 58). 58.4 Assumption authority.
58.5 Related Federal laws and
authorities.
58.6 Other requirements.
Subpart B_General Policy:

Responsibilities of Responsible Entities
58.10 Basic environmental
responsibility.
58.11 Legal capacity and performance.
58.12 Technical and administrative
capacity.
58.13 Responsibilities of the certifying
officer.
58.14 Interaction with State, Federal
and non-Federal entities.
58.15 Tiering.
58.17 [Reserved]
58.18 Responsibilities of States
assuming HUD environmental
responsibilities.
Subpart C_General Policy:

Environmental Review Procedures
58.21 Time periods.
58.22 Limitations on activities pending
clearance.
24 CFR 58 Environmental Review Procedures
58.23 Financial assistance for 58.70 Notice of intent to request release
environmental review. of funds.
58.71 Request for release of funds and
Subpart D_Environmental Review certification.
Process: Documentation, Range of 58.72 HUD or State actions on RROFs
Activities, Project Aggregation and and certifications.
Classification 58.73 Objections to release of funds.
58.30 Environmental review process. {[[Page 406]]}
58.32 Project aggregation. 58.74 Time for objecting.
58.33 Emergencies. 58.75 Permissible bases for objections.
58.34 Exempt activities. 58.76 Procedure for objections.
58.35 Categorical exclusions. 58.77 Effect of approval of
58.36 Environmental assessments. certification.
58.37 Environmental impact statement
determinations. Authority: 12 U.S.C. 1707 note, 1715z-
58.38 Environmental review record. 13a(k); 25 U.S.C. 4115 and 4226; 42 U.S.C.
1437x, 3535(d), 3547, 4332, 4852, 5304(g),
Subpart E_Environmental Review 11402, 12838, and 12905(h); title II of Pub.
Process: Environmental Assessments (EA's) L. 105-276; E.O. 11514 as amended by E.O
58.40 Preparing the environmental 11991, 3 CFR 1977 Comp., p. 123.
assessment. Source: 61 FR 19122, Apr. 30, 1996,
58.43 Dissemination and/or publication unless otherwise noted.
of the findings of no significant impact.
58.45 Public comment periods.
58.46 Time delays for exceptional Subpart A_Purpose, Legal
circumstances.
58.47 Re-evaluation of environmental
Authority, Federal Laws and
assessments and other environmental Authorities
findings.
Sec. 58.1 Purpose and
Subpart F_Environmental Review applicability.
Process: Environmental Impact Statement (a) Purpose. This part provides
Determinations instructions and guidance to recipients of
58.52 Adoption of other agencies' EISs. HUD assistance and other responsible
entities for conducting an environmental
58.53 Use of prior environmental review for a particular project or activity and
impact statements. for obtaining approval of a Request for
Subpart G_Environmental Review Release of Funds.
Process: Procedures for Draft, Final and (b) Applicability. This part applies to
Supplemental Environmental Impact activities and projects where specific
Statements statutory authority exists for recipients or
58.55 Notice of intent to prepare an other responsible entities to assume
EIS. environmental responsibilities. Programs
58.56 Scoping process. and activities subject to this part include:
58.57 Lead agency designation. (1) Community Development Block
58.59 Public hearings and meetings. Grant programs authorized by Title I of the
58.60 Preparation and filing of Housing and Community Development Act
environmental impact statements. of 1974, in accordance with section 104(g)
(42 U.S.C. 5304(g));
Subpart H_Release of Funds for (2) [Reserved]
Particular Projects

(3)(i) Grants to states and units of (ii) Grants for the revitalization of
general local government under the severely distressed public housing (HOPE
Emergency Shelter Grant Program, VI) for Fiscal Year 1999 and prior years, in
Supportive Housing Program (and its accordance with Title II of the Departments
predecessors, the Supportive Housing of Veterans Affairs and Housing and Urban
Demonstration Program (both Transitional Development, and Independent Agencies
Housing and Permanent Housing for Appropriations Act, 1999 (Pub. L. 105-276,
Homeless Persons with Disabilities) and approved October 21, 1998); and
Supplemental Assistance for Facilities to (iii) Assistance administered by a
Assist the Homeless), Shelter Plus Care public housing agency under section 8 of the
Program, Safe Havens for Homeless United States Housing Act of 1937, except
Individuals Demonstration Program, and for assistance provided under part 886 of
Rural Homeless Housing Assistance, this title, in accordance with section 26 (42
authorized by Title IV of the McKinney- U.S.C. 1437x);
Vento Homeless Assistance Act, in (7) Special Projects appropriated under
accordance with section 443 (42 U.S.C. an appropriation act for HUD, such as
11402); special projects under the heading `Ànnual
(ii) Grants beginning with Fiscal Year Contributions for Assisted Housing'' in Title
2001 to private non-profit organizations and II of various Departments of Veterans
housing agencies under the Supportive Affairs and Housing and Urban
Housing Program and Shelter Plus Care Development, and Independent Agencies
Program authorized by Title IV of the Appropriations Acts, in accordance with
McKinney- section 305(c) of the Multifamily Housing
Vento Homeless Assistance Act, in Property Disposition Reform Act of 1994
accordance with section 443 (42 U.S.C. (42 U.S.C. 3547); {[[Page 407]]}
11402); (8) The FHA Multifamily Housing
(4) The HOME Investment Finance Agency Pilot Program under section
Partnerships Program authorized by Title II 542(c) of the Housing and Community
of the Cranston-Gonzalez National Development Act of 1992, in accordance
Affordable Housing Act (NAHA), in with section 542(c)(9)(12 U.S.C. 1707 note);
accordance with section 288 (42 U.S.C. (9) The Self-Help Homeownership
12838); Opportunity Program under section 11 of the
(5) Grants to States and units of general Housing Opportunity Program Extension
local government for abatement of lead- Act of 1996 (Pub. L. 104-
based paint and lead dust hazards pursuant 120, 110 Stat. 834), in accordance with
to Title II of the Departments of Veterans section 11(m));
Affairs and Housing and Urban (10) Assistance provided under the
Development and Independent Agencies Native American Housing Assistance and
Appropriations Act, 1992, and grants for Self-Determination Act of 1996
lead- (NAHASDA), in accordance with:
based paint hazard reduction under (i) Section 105 for Indian Housing
section 1011 of the Housing and Community Block Grants and Federal Guarantees or
Development Act of 1992, in accordance Financing for Tribal Housing Authorities
with section 1011(o) (42 U.S.C. 4852(o)); (25 U.S.C. 4115 and 4226); and
(6)(i) Public Housing Programs under (ii) Section 806 for Native Hawaiian
Title I of the United States Housing Act of Housing Block Grants (25 U.S.C. 4226);
1937, including HOPE VI grants authorized (11) Indian Housing Loan Guarantees
under section 24 of the Act for Fiscal Year authorized by section 184 of the Housing
2000 and later, in accordance with section and Community Development Act of 1992,
26 (42 U.S.C. 1437x); in accordance with section 184(k) (12
U.S.C. 1715z-13a(k)); and
(12) Grants for Housing Opportunities (1) Activity means an action that a
for Persons with AIDS (HOPWA) under the grantee or recipient puts forth as part of an
AIDS Housing Opportunity Act, as follows: assisted project, regardless of whether its
competitive grants beginning with Fiscal cost is to be borne by the HUD assistance or
Year 2001 and all formula grants, in is an eligible expense under the HUD
accordance with section 856(h) (42 U.S.C. assistance program.
12905(h)); all grants for Fiscal Year 1999 (2) Certifying Officer means the
and prior years, in accordance with section official who is authorized to execute the
207(c) of the Departments of Veterans Request for Release of Funds and
Affairs and Housing and Urban Certification and has the legal capacity to
Development, and Independent Agencies carry out the responsibilities of SEC. 58.13.
Appropriations Act, 1999 (Pub. L. 105-276, (3) Extraordinary Circumstances means
approved October 21, 1998). a situation in which an environmental
(c) When HUD assistance is used to assessment (EA) or environmental impact
help fund a revolving loan fund that is statement (EIS) is not normally required, but
administered by a recipient or another party, due to unusual conditions, an EA or EIS is
the activities initially receiving assistance appropriate. Indicators of unusual conditions
from the fund are subject to the are:
requirements in this part. Future activities (i) Actions that are unique or without
receiving assistance from the revolving loan precedent;
fund, after the fund has received loan (ii) Actions that are substantially
repayments, are subject to the environmental similar to those that normally require an
review requirements if the rules of the HUD EIS;
program that initially provided assistance to (iii) Actions that are likely to alter
the fund continue to treat the activities as existing HUD policy or HUD mandates; or
subject to the Federal requirements. If the (iv) Actions that, due to unusual
HUD program treats the activities as not physical conditions on the site or in the
being subject to any Federal requirements, vicinity, have the potential for a significant
then the activities cease to become impact on the environment or in which the
Federally-funded activities and the environment could have a significant impact
provisions of this part do not apply. on users of the facility.
(d) To the extent permitted by (4) Project means an activity, or a
applicable laws and the applicable group of integrally related activities,
regulations of the Council on Environmental {[[Page 408]]}
Quality, the Assistant Secretary for designed by the recipient to
Community Planning and Development accomplish, in whole or in part, a specific
may, for good cause and with appropriate objective.
conditions, approve waivers and exceptions (5) Recipient means any of the
or establish criteria for exceptions from the following entities, when they are eligible
requirements of this part. recipients or grantees under a program listed
[61 FR 19122, Apr. 30, 1996, as in SEC. 58.1(b):
amended at 68 FR 56127, Sept. 29, 2003] (i) A State that does not distribute HUD
assistance under the program to a unit of
Sec. 58.2 Terms, abbreviations general local government;
and definitions. (ii) Guam, the Northern Mariana
Islands, the Virgin Islands, American
(a) For the purposes of this part, the
Samoa, and Palau;
following definitions supplement the
(iii) A unit of general local
uniform terminology provided in 40 CFR
government;
part 1508:
(iv) An Indian tribe;

(v) With respect to Public Housing Department of Hawaiian Home Lands, when
Programs under SEC. 58.1(b)(6)(i), fiscal it is the recipient under the program. Under
year 1999 and prior HOPE VI grants under the Native American Housing Assistance
SEC. 58.1(b)(6)(ii) or Section 8 assistance and Self-
under SEC. 58.1(b)(6)(iii), a public housing Determination Act of 1996 (25 U.S.C.
agency; 4101 et seq.) listed in SEC. 58.1(b)(10)(i),
(vi) Any direct grantee of HUD for a the Indian tribe is the responsible entity
special project under SEC. 58.1(b)(7); whether or not a Tribally Designated
(vii) With respect to the FHA Housing Entity is authorized to receive grant
Multifamily Housing Finance Agency amounts on behalf of the tribe. The Indian
Program under 58.1(b)(8), a qualified tribe is also the responsible entity under the
housing finance agency; Section 184 Indian Housing Loan Guarantee
(viii) With respect to the Self-Help program listed in SEC. 58.1(b)(11).
Homeownership Opportunity Program under Regional Corporations in Alaska are
SEC. 58.1(b)(9), any direct grantee of HUD. considered Indian tribes in this part. Non-
(ix)(A) With respect to NAHASDA recipient responsible entities are designated
assistance under SEC. 58.1(b)(10), the as follows:
Indian tribe or the Department of Hawaiian (A) For qualified housing finance
Home Lands; and agencies, the State or a unit of general local
(B) With respect to the Section 184 government, Indian tribe or Alaska native
Indian Housing Loan Guarantee program village whose jurisdiction contains the
under SEC. 58.1(b)(11), the Indian tribe. project site;
(x) With respect to the Shelter Plus (B) For public housing agencies, the
Care and Supportive Housing Programs unit of general local government within
under SEC. 58.1(b)(3)(ii), nonprofit which the project is located that exercises
organizations and other entities. land use responsibility, or if HUD
(6) Release of funds. In the case of the determines this infeasible, the county, or if
FHA Multifamily Housing Finance Agency HUD determines this infeasible, the State;
Program under SEC. 58.1(b)(8), Release of (C) For non-profit organizations and
Funds, as used in this part, refers to HUD other entities, the unit of general local
issuance of a firm approval letter, and government, Indian tribe or Alaska native
Request for Release of Funds refers to a village within which the project is located
recipient's request for a firm approval letter. that exercises land use responsibility, or if
In the case of the Section 184 Indian HUD determines this infeasible, the county,
Housing Loan Guarantee program under or if HUD determines this infeasible, the
SEC. 58.1(b)(11), Release of Funds refers to State;
HUD's issuance of a commitment to (8) Unit Density refers to a change in
guarantee a loan, or if there is no the number of dwelling units. Where a
commitment, HUD's issuance of a certificate threshold is identified as a percentage
of guarantee. change in density that triggers review
(7) Responsible Entity. Responsible requirements, no distinction is made
Entity means: between an increase or a decrease in density.
(i) With respect to environmental (9) Tiering means the evaluation of an
responsibilities under programs listed in action or an activity at various points
SEC. 58.1(b)(1), (2), (3)(i), (4), and (5), a {[[Page 409]]}
recipient under the program. in the development process as a
(ii) With respect to environmental proposal or event becomes ripe for an
responsibilities under the programs listed in Environment Assessment or Review.
SEC. 58.1(b)(3)(ii) and (6) through (12), a (10) Vacant Building means a habitable
state, unit of general local government, structure that has been vacant for more than
Indian tribe or Alaska Native Village, or the one year.
(b) The following abbreviations are procedures by which these responsible
used throughout this part: entities will evidence their assumption of
(1) CDBG--Community Development environmental responsibilities.
Block Grant; (b) Particular responsibilities of the
(2) CEQ--Council on Environmental States. (1) States are recipients for purposes
Quality; of directly undertaking a State project and
(3) EA--Environmental Assessment; must assume the environmental review
(4) EIS--Environmental Impact responsibilities for the State's activities and
Statement; those of any non-governmental entity that
(5) EPA--Environmental Protection may participate in the project. In this case,
Agency; the State must submit the certification and
(6) ERR--Environmental Review RROF to HUD for approval.
Record; (2) States must exercise HUD's
(7) FONSI--Finding of No Significant responsibilities in accordance with SEC.
Impact; 58.18, with respect to approval of a unit of
(8) HUD--Department of Housing and local government's environmental
Urban Development; certification and RROF for a HUD assisted
(9) NAHA--Cranston-Gonzalez project funded through the state. Approval
National Affordable Housing Act of 1990; by the state of a unit of local government's
(10) NEPA--National Environmental certification and RROF satisfies the
Policy Act of 1969, as amended; Secretary's responsibilities under NEPA and
(11) NOI/EIS--Notice of Intent to the related laws cited in SEC. 58.5.
Prepare an EIS; (c) Particular responsibilities of Indian
(12) NOI/RROF--Notice of Intent to tribes. An Indian tribe may, but is not
Request Release of Funds; required to, assume responsibilities for
(13) ROD--Record of Decision; environmental review, decision-making and
(14) ROF--Release of Funds; and action for programs authorized by the Native
(15) RROF--Request for Release of American Housing Assistance and Self-
Funds. Determination Act of 1996 (25 U.S.C. 4101
[61 FR 19122, Apr. 30, 1996, as et seq.) (other than title VIII) or section 184
amended at 68 FR 56128, Sept. 29, 2003] of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-
Sec. 58.4 Assumption authority. 13a). The tribe must make a separate
(a) Assumption authority for decision regarding assumption of
responsible entities: General. Responsible responsibilities for each of these Acts and
entities shall assume the responsibility for communicate that decision in writing to
environmental review, decision-making, and HUD. If the tribe assumes these
action that would otherwise apply to HUD responsibilities, the requirements of this part
under NEPA and other provisions of law shall apply. If a tribe formally declines
that further the purposes of NEPA, as assumption of these responsibilities, they are
specified in SEC. 58.5. Responsible entities retained by HUD and the provisions of part
that receive assistance directly from HUD 50 of this title apply.
assume these responsibilities by execution [61 FR 19122, Apr. 30, 1996, as
of a grant agreement with HUD and/or a amended at 68 FR 56128, Sept. 29, 2003]
legally binding document such as the
certification contained on HUD Form Sec. 58.5 Related Federal laws
7015.15, certifying to the assumption of and authorities.
environmental responsibilities. When a State In accordance with the provisions of
distributes funds to a responsible entity, the law cited in SEC. 58.1(b), the responsible
State must provide for appropriate entity must assume responsibilities for

environmental review, decision-making and (d) Sole source aquifers. (1) The Safe
action that would apply to HUD under the Drinking Water Act of 1974 (42 U.S.C. 201,
following specified laws and authorities. 300(f) et seq., and 21 U.S.C. 349) as
The responsible entity must certify that it amended; particularly section 1424(e)(42
has complied with the requirements that U.S.C. 300h-3(e)).
would apply to HUD under these laws and (2) Sole Source Aquifers
authorities {[[Page 410]]} (Environmental Protection Agency--40 CFR
and must consider the criteria, part 149).
standards, policies and regulations of these (e) Endangered species. The
laws and authorities. Endangered Species Act of 1973 (16 U.S.C.
(a) Historic properties. (1) The National 1531 et seq.) as amended, particularly
Historic Preservation Act of 1966 (16 section 7 (16 U.S.C. 1536).
U.S.C. 470 et seq.), particularly sections 106 (f) Wild and scenic rivers. The Wild
and 110 (16 U.S.C. 470 and 470h-2). and Scenic Rivers Act of 1968 (16 U.S.C.
(2) Executive Order 11593, Protection 1271 et seq.) as amended, particularly
and Enhancement of the Cultural section 7(b) and (c) (16 U.S.C. 1278(b) and
Environment, May 13, 1971 (36 FR 8921), 3 (c)).
CFR 1971-1975 Comp., p. 559, particularly (g) Air quality. (1) The Clean Air Act
section 2(c). (42 U.S.C. 7401 et. seq.) as amended;
(3) Federal historic preservation particularly section 176(c) and (d) (42
regulations as follows: U.S.C. 7506(c) and (d)).
(i) 36 CFR part 800 with respect to (2) Determining Conformity of Federal
HUD programs other than Urban Actions to State or Federal Implementation
Development Action Grants (UDAG); and Plans (Environmental Protection Agency--
(ii) 36 CFR part 801 with respect to 40 CFR parts 6, 51, and 93).
UDAG. (h) Farmlands protection. (1) Farmland
(4) The Reservoir Salvage Act of 1960 Protection Policy Act of 1981 (7 U.S.C.
as amended by the Archeological and 4201 et seq.) particularly sections 1540(b)
Historic Preservation Act of 1974 (16 and 1541 (7 U.S.C. 4201(b) and 4202).
U.S.C. 469 et seq.), particularly section 3 (2) Farmland Protection Policy
(16 U.S.C. 469a-1). (Department of Agriculture--7 CFR part
(b) Floodplain management and 658).
wetland protection. (1) Executive Order (i) HUD environmental standards. (1)
11988, Floodplain Management, May 24, Applicable criteria and standards specified
1977 (42 FR 26951), 3 CFR, 1977 Comp., p. in part 51 of this title, other than the runway
117, as interpreted in HUD regulations at 24 clear zone notification requirement in SEC.
CFR part 55, particularly section 2(a) of the 51.303(a)(3).
order (For an explanation of the relationship (2)(i) Also, it is HUD policy that all
between the decision-making process in 24 properties that are being proposed for use in
CFR part 55 and this part, see SEC. 55.10 of HUD programs be free of hazardous
this subtitle A.) materials, contamination, toxic chemicals
(2) Executive Order 11990, Protection and gases, and radioactive substances, where
of Wetlands, May 24, 1977 (42 FR 26961), a hazard could affect the health and safety of
3 CFR, 1977 Comp., p. 121, particularly occupants or conflict with the intended
sections 2 and 5. utilization of the property.
(c) Coastal Zone Management. The (ii) The environmental review of
Coastal Zone Management Act of 1972 (16 multifamily housing with five or more
U.S.C. 1451 et seq.), as amended, dwelling units (including leasing), or non-
particularly section 307(c) and (d) (16 residential property, must include the
U.S.C. 1456(c) and (d)). evaluation of previous uses of the site or
other evidence of contamination on or near
the site, to ensure that the occupants of (i) The community in which the area is
proposed sites are not adversely affected by situated is participating in the National
any of the hazards listed in paragraph Flood Insurance Program (see 44 CFR parts
(i)(2)(i) of this section. 59 through 79), or less than one year has
(iii) Particular attention should be given passed since the FEMA notification
to any proposed site on or in the general regarding such hazards; and
proximity of such areas as dumps, landfills, (ii) Where the community is
industrial sites, or other locations that participating in the National Flood Insurance
contain, or may have contained, hazardous Program, flood insurance protection is to be
wastes. obtained as a condition of the approval of
(iv) The responsible entity shall use financial assistance to the property owner.
current techniques by qualified professionals (2) Where the community is
to undertake investigations determined participating in the National Flood Insurance
necessary. {[[Page 411]]} Program and the recipient provides financial
(j) Environmental justice. Executive assistance for acquisition or construction
Order 12898--Federal Actions to Address purposes (including rehabilitation) for
Environmental Justice in Minority property located in an area identified by
Populations and Low-Income Populations, FEMA as having special flood hazards, the
February 11, 1994 (59 FR 7629), 3 CFR, responsible entity is responsible for assuring
1994 Comp. p. 859. that flood insurance under the National
[61 FR 19122, Apr. 30, 1996, as Flood Insurance Program is obtained and
amended at 68 FR 56128, Sept. 29, 2003] maintained.
(3) Paragraph (a) of this section does
Sec. 58.6 Other requirements. not apply to Federal formula grants made to
In addition to the duties under the laws a State.
and authorities specified in SEC. 58.5 for (b) Under section 582 of the National
assumption by the responsible entity under Flood Insurance Reform Act of 1994, 42
the laws cited in SEC. 58.1(b), the U.S.C. 5154a, HUD disaster assistance that
responsible entity must comply with the is made available in a special flood hazard
following requirements. Applicability of the area may not be used to make a payment
following requirements does not trigger the (including any loan assistance payment) to a
certification and release of funds procedure person for repair, replacement or restoration
under this part or preclude exemption of an for flood damage to any personal, residential
activity under SEC. 58.34(a)(12) and/ or commercial property if:
or the applicability of SEC. 58.35(b). (1) The person had previously received
However, the responsible entity remains Federal flood disaster assistance conditioned
responsible for addressing the following on obtaining and maintaining flood
requirements in its ERR and meeting these insurance; and
requirements, where applicable, regardless (2) The person failed to obtain and
of whether the activity is exempt under SEC. maintain flood insurance.
58.34 or categorically excluded under SEC. (c) Pursuant to the Coastal Barrier
58.35(a) or (b). Resources Act, as amended by the Coastal
(a)(1) Under the Flood Disaster Barrier Improvement Act of 1990 (16
Protection Act of 1973, as amended (42 U.S.C. 3501), HUD assistance may not be
U.S.C. 4001-4128), Federal financial used for most activities proposed in the
assistance for acquisition and construction Coastal Barrier Resources System.
purposes (including rehabilitation) may not (d) In all cases involving HUD
be used in an area identified by the Federal assistance, subsidy, or insurance for the
Emergency Management Agency (FEMA) purchase or sale of an existing property in a
as having special flood hazards, unless: Runway Clear Zone or Clear Zone, as
defined in 24 CFR part 51, the responsible

entity shall advise the buyer that the objectives, HUD will review the facts to
property is in a runway clear zone or clear determine who will perform the
zone, what the implications of such a environmental review.
location are, and that there is a possibility (c) At any time, HUD may reject the
that the property may, at a later date, be use of a responsible entity to conduct the
acquired by the airport operator. The buyer environmental review in a particular case on
must sign a statement acknowledging receipt the basis of performance, timing or
of this information. compatibility of objectives, or in accordance
[61 FR 19122, Apr. 30, 1996, as with SEC. 58.77(d)(1).
amended at 63 FR 15271, Mar. 30, 1998] (d) If a responsible entity, other than a
recipient, objects to performing an
Subpart B_General Policy: environmental review, or if HUD determines
that the responsible entity should not
Responsibilities of perform the environmental review, HUD
Responsible Entities may designate another responsible entity to
conduct the review in accordance with this
Sec. 58.10 Basic environmental part or may itself conduct the environmental
responsibility. review in accordance with the provisions of
In accordance with the provisions of 24 CFR part 50.
law cited in SEC. 58.1(b), except as [61 FR 19122, Apr. 30, 1996, as
otherwise provided in SEC. 58.4(c), the amended at 68 FR 56129, Sept. 29, 2003]
responsible entity must assume the
environmental responsibilities for projects Sec. 58.12 Technical and
{[[Page 412]]} administrative capacity.
under programs cited in SEC. 58.1(b). The responsible entity must develop the
In doing so, the responsible entity must technical and administrative capability
comply with the provisions of NEPA and necessary to comply with 40 CFR parts
the CEQ regulations contained in 40 CFR 1500 through 1508 and the requirements of
parts 1500 through 1508, including the this part.
requirements set forth in this part.
[68 FR 56128, Sept. 29, 2003] Sec. 58.13 Responsibilities of
the certifying officer.
Sec. 58.11 Legal capacity and
Under the terms of the certification
performance. required by SEC. 58.71, a responsible
(a) A responsible entity which believes entity's certifying officer is the ``responsible
that it does not have the legal capacity to Federal official'' as that term is used in
carry out the environmental responsibilities section 102 of NEPA and in statutory
required by this part must contact the provisions cited in SEC. 58.1(b). The
appropriate local HUD Office or the State Certifying Officer is therefore responsible
for further instructions. Determinations of for all the requirements of section 102 of
legal capacity will be made on a case-by- NEPA and the related provisions in 40 CFR
case basis. parts 1500 through 1508, and 24 CFR part
(b) If a public housing, special project, 58, including the related Federal authorities
HOPWA, Supportive Housing, Shelter Plus listed in SEC. 58.5. The Certifying Officer
Care, or Self-Help Homeownership must also:
Opportunity recipient that is not a (a) Represent the responsible entity and
responsible entity objects to the non- be subject to the jurisdiction of the Federal
recipient responsible entity conducting the courts. The Certifying Officer will not be
environmental review on the basis of represented by the Department of Justice in
performance, timing, or compatibility of court; and
(b) Ensure that the responsible entity date. The site specific review need only
reviews and comments on all EISs prepared reference or summarize the issues addressed
for Federal projects that may have an impact in the broader review. The broader review
on the recipient's program. should identify and evaluate those issues
ripe for decision and exclude those issues
Sec. 58.14 Interaction with not relevant to the policy, program or project
State, Federal and non-Federal under consideration. The broader review
should also establish the policy, standard or
entities.
process to be followed in the site specific
A responsible entity shall consult with review. The Finding of No Significant
appropriate environmental agencies, State, Impact (FONSI) with respect to the broader
Federal and non-Federal entities and the assessment shall include a summary of the
public in the preparation of an EIS, EA or assessment and identify the significant
other environmental reviews undertaken issues to be considered in site specific
under the related laws and authorities cited reviews. Subsequent site-specific reviews
in SEC. 58.5 and SEC. 58.6. The responsible will not require notices or a Request for
entity must also cooperate with other Release of Funds unless the Certifying
agencies to reduce duplication between Officer determines that there are
NEPA and comparable environmental unanticipated impacts or impacts not
review requirements of the State (see 40 adequately addressed in the prior review. A
CFR 1506.2 (b) and (c)). The responsible tiering approach can be used for meeting
entity must prepare its EAs and EISs so that environmental review requirements in areas
they comply with the environmental review designated for special focus in local
requirements of both Federal and State laws Consolidated Plans. Local and State
unless otherwise specified or provided by Governments are encouraged to use the
law. State, Federal and local agencies may Consolidated Plan process to facilitate
participate or act in a joint lead or environmental reviews.
cooperating agency capacity in the
preparation of joint EISs or joint Sec. 58.17 [Reserved]
environmental assessments (see 40 CFR
1501.5(b) and 1501.6). A single EIS or EA
may be prepared and adopted by multiple
Sec. 58.18 Responsibilities of
users to the extent that the review addresses States assuming HUD
the relevant environmental issues and there environmental responsibilities.
is a written agreement between the States that elect to administer a HUD
cooperating {[[Page 413]]} program shall ensure that the program
agencies which sets forth the complies with the provisions of this part.
coordinated and overall responsibilities. The state must:
[63 FR 15271, Mar 30, 1998] (a) Designate the state agency or
agencies that will be responsible for carrying
Sec. 58.15 Tiering. out the requirements and administrative
Responsible entities may tier their responsibilities set forth in subpart H of this
environmental reviews and assessments to part and which will:
eliminate repetitive discussions of the same (1) Develop a monitoring and
issues at subsequent levels of review. enforcement program for post-review
Tiering is appropriate when there is a actions on environmental reviews and
requirement to evaluate a policy or proposal monitor compliance with any environmental
in the early stages of development or when conditions included in the award.
site-specific analysis or mitigation is not (2) Receive public notices, RROFs, and
currently feasible and a more narrow or certifications from recipients pursuant to
focused analysis is better done at a later SEC. Sec. 58.70 and 58.71; accept

objections from the public and from other determination as required in SEC. 58.34(b)
agencies (SEC. 58.73); and perform other and SEC. 58.35(d), but the recipient must
related responsibilities regarding releases of comply with applicable requirements under
funds. SEC. 58.6.
(b) Fulfill the state role in subpart H (c) If a recipient is considering an
relative to the time period set for the receipt application from a prospective subrecipient
and disposition of comments, objections and or beneficiary and is aware that the
appeals (if any) on particular projects. prospective subrecipient or beneficiary is
[68 FR 56129, Sept. 29, 2003] about to take an action within the
jurisdiction of the recipient that is prohibited
Subpart C_General Policy: by paragraph (a) of this section, then the
recipient will take appropriate action to
Environmental Review ensure that the objectives and procedures of
Procedures NEPA are achieved.
(d) An option agreement on a proposed
Sec. 58.21 Time periods. site or property is allowable prior to the
All time periods in this part shall be completion of the environmental review if
counted in calendar days. The first day of a the option agreement is subject to a
time period begins at 12:01 a.m. local time determination by the recipient on the
on the day following the publication or the desirability of the property for the project as
mailing and posting date of the notice which a result of the completion of the
initiates the time period. environmental review in accordance with
this part and the cost of the option is a
Sec. 58.22 Limitations on nominal portion of the purchase price. There
activities pending clearance. is no constraint on the purchase of an option
by third parties that have not been selected
(a) Neither a recipient nor any for HUD funding, have no responsibility for
participant in the development process, the environmental review and have no say in
including public or private nonprofit or for- the approval or disapproval of the project.
profit entities, or any of their contractors, (e) Self-Help Homeownership
may commit HUD assistance under a Opportunity Program (SHOP). In
program listed in SEC. 58.1(b) on an accordance with section 11(d)(2)(A) of the
activity or project until HUD or the state has Housing Opportunity Program Extension
approved the recipient's RROF and the Act of 1996 (42 U.S.C. 12805 note), an
related certification from the responsible organization, consortium, or affiliate
entity. In addition, until the RROF and the receiving assistance under the SHOP
related certification have been approved, program may advance nongrant funds to
neither a recipient nor any participant in the acquire land prior to completion of an
development process may commit non-HUD environmental review and approval of a
funds on or undertake an activity or project Request for Release of Funds (RROF) and
under a program listed in SEC. 58.1(b) if the certification, notwithstanding paragraph (a)
activity or project would have an adverse of this section. Any advances to acquire land
environmental impact or limit the choice of prior to approval of the RROF and
reasonable alternatives. {[[Page 414]]} certification are made at the risk of the
(b) If a project or activity is exempt organization, consortium, or affiliate and
under SEC. 58.34, or is categorically reimbursement for such advances may
excluded (except in extraordinary depend on the result of the environmental
circumstances) under SEC. 58.35(b), no review. This authorization is limited to the
RROF is required and the recipient may SHOP program only and all other forms of
undertake the activity immediately after the HUD assistance are subject to the limitations
responsible entity has documented its in paragraph (a) of this section.
(f) Relocation. Funds may be (b) In deciding the most appropriate
committed for relocation assistance before basis for aggregation when evaluating
the approval of the RROF and related activities under more than one program, the
certification for the project provided that the responsible entity may choose: functional
relocation assistance is required by 24 CFR aggregation when a specific type of activity
part 42. (e.g., water improvements) is to take place
[68 FR 56129, Sept. 29, 2003] in several {[[Page 415]]}
separate locales or jurisdictions;
Sec. 58.23 Financial assistance geographic aggregation when a mix of
for environmental review. dissimilar but related activities is to be
concentrated in a fairly specific project area
The costs of environmental reviews,
(e.g., a combination of water, sewer and
including costs incurred in complying with
street improvements and economic
any of the related laws and authorities cited
development activities); or a combination of
in SEC. 58.5 and SEC. 58.6, are eligible
aggregation approaches, which, for various
costs to the extent allowable under the HUD
project locations, considers the impacts
assistance program regulations.
arising from each functional activity and its
interrelationship with other activities.
Subpart D_Environmental (c) The purpose of project aggregation
Review Process: is to group together related activities so that
Documentation, Range of the responsible entity can:
(1) Address adequately and analyze, in
Activities, Project a single environmental review, the separate
Aggregation and and combined impacts of activities that are
Classification similar, connected and closely related, or
that are dependent upon other activities and
Sec. 58.30 Environmental actions. (See 40 CFR 1508.25(a)).
review process. (2) Consider reasonable alternative
courses of action.
(a) The environmental review process (3) Schedule the activities to resolve
consists of all the actions that a responsible conflicts or mitigate the individual,
entity must take to determine compliance combined and/or cumulative effects.
with this part. The environmental review (4) Prescribe mitigation measures and
process includes all the compliance actions safeguards including project alternatives and
needed for other activities and projects that modifications to individual activities.
are not assisted by HUD but are aggregated (d) Multi-year project aggregation--(1)
by the responsible entity in accordance with Release of funds. When a recipient's
SEC. 58.32. planning and program development provide
(b) The environmental review process for activities to be implemented over two or
should begin as soon as a recipient more years, the responsible entity's
determines the projected use of HUD environmental review should consider the
assistance. relationship among all component activities
of the multi-year project regardless of the
Sec. 58.32 Project aggregation. source of funds and address and evaluate
(a) A responsible entity must group their cumulative environmental effects. The
together and evaluate as a single project all estimated range of the aggregated activities
individual activities which are related either and the estimated cost of the total project
on a geographical or functional basis, or are must be listed and described by the
logical parts of a composite of contemplated responsible entity in the environmental
actions. review and included in the RROF. The

release of funds will cover the entire project (1) Environmental and other studies,
period. resource identification and the development
(2) When one or more of the conditions of plans and strategies;
described in SEC. 58.47 exists, the recipient (2) Information and financial services;
or other responsible entity must re-evaluate (3) Administrative and management
the environmental review. activities;
(4) Public services that will not have a
Sec. 58.33 Emergencies. physical impact or result in any physical
(a) In the cases of emergency, disaster changes, including but not limited to
or imminent threat to health and safety services concerned with employment, crime
which warrant the taking of an action with prevention, child care, {[[Page 416]]}
significant environmental impact, the health, drug abuse, education,
provisions of 40 CFR 1506.11 shall apply. counseling, energy conservation and welfare
(b) If funds are needed on an or recreational needs;
emergency basis and adherence to separate (5) Inspections and testing of properties
comment periods would prevent the giving for hazards or defects;
of assistance during a Presidentially (6) Purchase of insurance;
declared disaster, or during a local (7) Purchase of tools;
emergency that has been declared by the (8) Engineering or design costs;
chief elected official of the responsible (9) Technical assistance and training;
entity who has proclaimed that there is an (10) Assistance for temporary or
immediate need for public action to protect permanent improvements that do not alter
the public safety, the combined Notice of environmental conditions and are limited to
FONSI and Notice of Intent to Request protection, repair, or restoration activities
Release of Funds (NOI/RROF) may be necessary only to control or arrest the effects
disseminated and/or published from disasters or imminent threats to public
simultaneously with the submission of the safety including those resulting from
RROF. The combined Notice of FONSI and physical deterioration;
NOI/RROF shall state that the funds are (11) Payment of principal and interest
needed on an emergency basis due to a on loans made or obligations guaranteed by
declared disaster and that the comment HUD;
periods have been combined. The Notice (12) Any of the categorical exclusions
shall also invite commenters to submit their listed in SEC. 58.35(a) provided that there
comments to both HUD and the responsible are no circumstances which require
entity issuing the notice to ensure that these compliance with any other Federal laws and
comments will receive full consideration. authorities cited in SEC. 58.5.
[61 FR 19122, Apr. 30, 1996, as (b) A recipient does not have to submit
amended at 68 FR 56129, Sept. 29, 2003] an RROF and certification, and no further
approval from HUD or the State will be
needed by the recipient for the drawdown of
Sec. 58.34 Exempt activities.
funds to carry out exempt activities and
(a) Except for the applicable projects. However, the responsible entity
requirements of SEC. 58.6, the responsible must document in writing its determination
entity does not have to comply with the that each activity or project is exempt and
requirements of this part or undertake any meets the conditions specified for such
environmental review, consultation or other exemption under this section.
action under NEPA and the other provisions [61 FR 19122, Apr. 30, 1996, as
of law or authorities cited in SEC. 58.5 for amended at 63 FR 15271, Mar. 30, 1998]
the activities exempt by this section or
projects consisting solely of the following
exempt activities:
Sec. 58.35 Categorical (B) The project does not involve
exclusions. changes in land use from residential to non-
residential; and
Categorical exclusion refers to a (C) The estimated cost of rehabilitation
category of activities for which no is less than 75 percent of the total estimated
environmental impact statement or cost of replacement after rehabilitation.
environmental assessment and finding of no (iii) In the case of non-residential
significant impact under NEPA is required, structures, including commercial, industrial,
except in extraordinary circumstances (see and public buildings:
SEC. 58.2(a)(3)) in which a normally (A) The facilities and improvements are
excluded activity may have a significant in place and will not be changed in size or
impact. Compliance with the other capacity by more than 20 percent; and
applicable Federal environmental laws and (B) The activity does not involve a
authorities listed in SEC. 58.5 is required for change in land use, such as from non-
any categorical exclusion listed in paragraph residential to residential, commercial to
(a) of this section. industrial, or from one industrial use to
(a) Categorical exclusions subject to another.
SEC. 58.5. The following activities are (4)(i) An individual action on up to four
categorically excluded under NEPA, but dwelling units where there is a maximum of
may be subject to review under authorities four units on any one site. The units can be
listed in SEC. 58.5: four one-
(1) Acquisition, repair, improvement, unit buildings or one four-unit building
reconstruction, or rehabilitation of public or any combination in between; or
facilities and improvements (other than (ii) An individual action on a project of
buildings) when the facilities and five or more housing units developed on
improvements are in place and will be scattered sites when the sites are {[[Page
retained in the same use without change in 417]]}
size or capacity of more than 20 percent more than 2,000 feet apart and there are
(e.g., replacement of water or sewer lines, not more than four housing units on any one
reconstruction of curbs and sidewalks, site.
repaving of streets). (iii) Paragraphs (a)(4)(i) and (ii) of this
(2) Special projects directed to the section do not apply to rehabilitation of a
removal of material and architectural building for residential use (with one to four
barriers that restrict the mobility of and units) (see paragraph (a)(3)(i) of this
accessibility to elderly and handicapped section).
persons. (5) Acquisition (including leasing) or
(3) Rehabilitation of buildings and disposition of, or equity loans on an existing
improvements when the following structure, or acquisition (including leasing)
conditions are met: of vacant land provided that the structure or
(i) In the case of a building for land acquired, financed, or disposed of will
residential use (with one to four units), the be retained for the same use.
density is not increased beyond four units, (6) Combinations of the above
the land use is not changed, and the footprint activities.
of the building is not increased in a (b) Categorical exclusions not subject
floodplain or in a wetland; to SEC. 58.5. The Department has
(ii) In the case of multifamily determined that the following categorically
residential buildings: excluded activities would not alter any
(A) Unit density is not changed more conditions that would require a review or
than 20 percent; compliance determination under the Federal
laws and authorities cited in SEC. 58.5.
When the following kinds of activities are

undertaken, the responsible entity does not environmental review on the original project
have to publish a NOI/RROF or execute a and re-evaluation of the environmental
certification and the recipient does not have findings is not required under SEC. 58.47.
to submit a RROF to HUD (or the State) (c) Circumstances requiring NEPA
except in the circumstances described in review. If a responsible entity determines
paragraph (c) of this section. Following the that an activity or project identified in
award of the assistance, no further approval paragraph (a) or (b) of this section, because
from HUD or the State will be needed with of extraordinary circumstances and
respect to environmental requirements, conditions at or affecting the location of the
except where paragraph (c) of this section activity or project, may have a significant
applies. The recipient remains responsible environmental effect, it shall comply with
for carrying out any applicable requirements all the requirements of this part.
under SEC. 58.6. (d) The Environmental Review Record
(1) Tenant-based rental assistance; (ERR) must contain a well organized written
(2) Supportive services including, but record of the process and determinations
not limited to, health care, housing services, made under this section.
permanent housing placement, day care, [61 FR 19122, Apr. 30, 1996, as
nutritional services, short-term payments for amended at 63 FR 15272, Mar. 30, 1998; 68
rent/mortgage/utility costs, and assistance in FR 56129, Sept. 29, 2003]
gaining access to local, State, and Federal
government benefits and services; Sec. 58.36 Environmental
(3) Operating costs including assessments.
maintenance, security, operation, utilities,
If a project is not exempt or
furnishings, equipment, supplies, staff
categorically excluded under SEC. Sec.
training and recruitment and other incidental
58.34 and 58.35, the responsible entity must
costs;
prepare an EA in accordance with subpart E
(4) Economic development activities,
of this part. If it is evident without preparing
including but not limited to, equipment
an EA that an EIS is required under SEC.
purchase, inventory financing, interest
58.37, the responsible entity should proceed
subsidy, operating expenses and similar
directly to an EIS. {[[Page 418]]}
costs not associated with construction or
expansion of existing operations;
(5) Activities to assist homebuyers to Sec. 58.37 Environmental
purchase existing dwelling units or dwelling impact statement
units under construction, including closing determinations.
costs and down payment assistance, interest (a) An EIS is required when the project
buydowns, and similar activities that result is determined to have a potentially
in the transfer of title. significant impact on the human
(6) Affordable housing pre- environment.
development costs including legal, (b) An EIS is required under any of the
consulting, developer and other costs related following circumstances, except as provided
to obtaining site options, project financing, in paragraph (c) of this section:
administrative costs and fees for loan (1) The project would provide a site or
commitments, zoning approvals, and other sites for, or result in the construction of,
related activities which do not have a hospitals or nursing homes containing a total
physical impact. of 2,500 or more beds.
(7) Approval of supplemental (2) The project would remove,
assistance (including insurance or guarantee) demolish, convert or substantially
to a project previously approved under this rehabilitate 2,500 or more existing housing
part, if the approval is made by the same units (but not including rehabilitation
responsible entity that conducted the
projects categorically excluded under SEC. HUD-recommended formats or develop
58.35), or would result in the construction or equivalent formats.
installation of 2,500 or more housing units, (a) ERR Documents. The ERR shall
or would provide sites for 2,500 or more contain all the environmental review
housing units. documents, public notices and written
(3) The project would provide enough determinations or environmental findings
additional water and sewer capacity to required by this part as evidence of review,
support 2,500 or more additional housing decisionmaking and actions pertaining to a
units. The project does not have to be particular project of a recipient. The
specifically intended for residential use nor document shall:
does it have to be totally new construction. (1) Describe the project and the
If the project is designed to provide activities that the recipient has determined to
upgraded service to existing development as be part of the project;
well as to serve new development, only that (2) Evaluate the effects of the project or
portion of the increased capacity which is the activities on the human environment;
intended to serve new development should (3) Document compliance with
be counted. applicable statutes and authorities, in
(c) If, on the basis of an EA, a particular those cited in SEC. 58.5 and 58.6;
responsible entity determines that the and
thresholds in paragraph (b) of this section (4) Record the written determinations
are the sole reason for the EIS, the and other review findings required by this
responsible entity may prepare a FONSI part (e.g., exempt and categorically excluded
pursuant to 40 CFR 1501.4. In such cases, projects determinations, findings of no
the FONSI must be made available for significant impact).
public review for at least 30 days before the (b) Other documents and information.
responsible entity makes the final The ERR shall also contain verifiable source
determination whether to prepare an EIS. documents and relevant base data used or
(d) Notwithstanding paragraphs (a) cited in EAs, EISs or other project review
through (c) of this section, an EIS is not documents. These documents may be
required where SEC. 58.53 is applicable. incorporated by reference into the ERR
(e) Recommended EIS Format. The provided that each source document is
responsible entity must use the EIS format identified and available for inspection by
recommended by the CEQ regulations (40 interested parties. Proprietary material and
CFR 1502.10) unless a determination is special studies prepared for the recipient that
made on a particular project that there is a are not otherwise generally available for
compelling reason to do otherwise. In such a public review shall not be incorporated by
case, the EIS format must meet the reference but shall be included in the ERR.
minimum requirements prescribed in 40 {[[Page 419]]}
CFR 1502.10.
Subpart E_Environmental
Sec. 58.38 Environmental Review Process:
review record. Environmental Assessments
The responsible entity must maintain a
written record of the environmental review
(EA's)
undertaken under this part for each project.
This document will be designated the Sec. 58.40 Preparing the
`Ènvironmental Review Record'' (ERR), environmental assessment.
and shall be available for public review. The The responsible entity may prepare the
responsible entity must use the current EA using the HUD recommended format. In

preparing an EA for a particular project, the Sec. 58.43 Dissemination
responsible entity must: and/or publication of the
(a) Determine existing conditions and
describe the character, features and
findings of no significant
resources of the project area and its impact.
surroundings; identify the trends that are (a) If the responsible entity makes a
likely to continue in the absence of the finding of no significant impact, it must
project. prepare a FONSI notice, using the current
(b) Identify all potential environmental HUD-
impacts, whether beneficial or adverse, and recommended format or an equivalent
the conditions that would change as a result format. As a minimum, the responsible
of the project. entity must send the FONSI notice to
(c) Identify, analyze and evaluate all individuals and groups known to be
impacts to determine the significance of interested in the activities, to the local news
their effects on the human environment and media, to the appropriate tribal, local, State
whether the project will require further and Federal agencies; to the Regional
compliance under related laws and Offices of the Environmental Protection
authorities cited in SEC. 58.5 and SEC. Agency having jurisdiction and to the HUD
58.6. Field Office (or the State where applicable).
(d) Examine and recommend feasible The responsible entity may also publish the
ways in which the project or external factors FONSI notice in a newspaper of general
relating to the project could be modified in circulation in the affected community. If the
order to eliminate or minimize adverse notice is not published, it must also be
environmental impacts. prominently displayed in public buildings,
(e) Examine alternatives to the project such as the local Post Office and within the
itself, if appropriate, including the project area or in accordance with
alternative of no action. procedures established as part of the citizen
(f) Complete all environmental review participation process.
requirements necessary for the project's (b) The responsible entity may
compliance with applicable authorities cited disseminate or publish a FONSI notice at the
in SEC. Sec. 58.5 and 58.6. same time it disseminates or publishes the
(g) Based on steps set forth in NOI/RROF required by SEC. 58.70. If the
paragraph (a) through (f) of this section, notices are released as a combined notice,
make one of the following findings: the combined notice shall:
(1) A Finding of No Significant Impact (1) Clearly indicate that it is intended to
(FONSI), in which the responsible entity meet two separate procedural requirements;
determines that the project is not an action and
that will result in a significant impact on the (2) Advise the public to specify in their
quality of the human environment. The comments which ``notice'' their comments
responsible entity may then proceed to SEC. address.
58.43. (c) The responsible entity must
(2) A finding of significant impact, in consider the comments and make
which the project is deemed to be an action modifications, if appropriate, in response to
which may significantly affect the quality of the comments, before it completes its
the human environment. The responsible environmental certification and before the
entity must then proceed with its recipient submits its RROF. If funds will be
environmental review under subpart F or G used in Presidentially declared disaster
of this part. areas, modifications resulting from public
comment, if appropriate, must be made
before proceeding with the expenditure of
funds.
Sec. 58.45 Public comment Sec. 58.47 Re-evaluation of
periods. environmental assessments
Required notices must afford the public and other environmental
the following minimum comment periods, findings.
counted in accordance with SEC. 58.21: (a) A responsible entity must re-
{[[Page 420]]} evaluate its environmental findings to
determine if the original findings are still
------------------------------------------------ valid, when:
------------------------ (1) The recipient proposes substantial
------------------------------------------------ changes in the nature, magnitude or extent
------------------------ of the project, including adding new
(a) Notice of Finding of No Significant activities not anticipated in the original
15 days when published or, if scope of the project;
Impact (FONSI). no publication, 18 (2) There are new circumstances and
days when environmental conditions which may affect
mailing and posting the project or have a bearing on its impact,
(b) Notice of Intent to Request Release such as concealed or unexpected conditions
7 days when published or, if no discovered during the implementation of the
of Funds (NOI-RROF). publication, 10 project or activity which is proposed to be
days when continued; or
mailing and posting (3) The recipient proposes the selection
(c) Concurrent or combined notices..... of an alternative not in the original finding.
15 days when published or, if (b)(1) If the original findings are still
no publication, 18 days when valid but the data or conditions upon which
mailing and posting they were based have changed, the
------------------------------------------------ responsible entity must affirm the original
------------------------ findings and update its ERR by including
this re-evaluation and its determination
[68 FR 56130, Sept. 29, 2003] based on its findings. Under these
circumstances, if a FONSI notice has
Sec. 58.46 Time delays for already been published, no further
exceptional circumstances. publication of a FONSI notice is required.
The responsible entity must make the (2) If the responsible entity determines
FONSI available for public comments for 30 that the original findings are no longer valid,
days before the recipient files the RROF it must prepare an EA or an EIS if its
when: evaluation indicates potentially significant
(a) There is a considerable interest or impacts.
controversy concerning the project; (3) Where the recipient is not the
(b) The proposed project is similar to responsible entity, the recipient must inform
other projects that normally require the the responsible entity promptly of any
preparation of an EIS; or proposed substantial changes under
(c) The project is unique and without paragraph (a)(1) of this section, new
precedent. circumstances or environmental conditions
under paragraph (a)(2) of this section, or any
proposals to select a different alternative
under paragraph (a)(3) of this section, and
must then permit the responsible entity to re-
evaluate the findings before proceeding.
[61 FR 19122, Apr. 30, 1996, as
amended at 63 FR 15272, Mar. 30, 1998]

Subpart F_Environmental no new EIS is required for the subsequent

project if all the following conditions are
Review Process: met:
Environmental Impact (a) The ERR contains a decision based
Statement Determinations on a finding pursuant to SEC. 58.40 that the
proposed project is not a new major Federal
Sec. 58.52 Adoption of other action significantly affecting the quality of
agencies' EISs. the human environment. The decision shall
include:
The responsible entity may adopt a (1) References to the prior EIS and its
draft or final EIS prepared by another evaluation of the environmental factors
agency provided that the EIS was prepared affecting the proposed subsequent action
in accordance with 40 CFR parts 1500 subject to NEPA;
through 1508. If the responsible entity (2) An evaluation of any environmental
adopts an EIS prepared by another agency, factors which may not have been previously
the procedure in 40 CFR 1506.3 shall be assessed, or which may have significantly
followed. An adopted EIS may have to be changed;
revised and modified to adapt it to the (3) An analysis showing that the
particular environmental conditions and proposed project is consistent with the
circumstances of the project if these are location, use, and density assumptions for
different from the project reviewed in the the site and with the timing and capacity of
EIS. In such cases the responsible entity the circulation, utility, and other supporting
must prepare, circulate, and file a infrastructure assumptions in the prior EIS;
supplemental draft EIS in the manner (4) Documentation showing that where
prescribed in SEC. 58.60(d) and otherwise the previous EIS called for mitigating
comply with the clearance and time measures or other corrective action, these
requirements of the EIS process, except are completed to the extent reasonable given
{[[Page 421]]} the current state of development.
that scoping requirements under 40 (b) The prior final EIS has been filed
CFR 1501.7 shall not apply. The agency that within five (5) years, and updated as
prepared the original EIS should be follows:
informed that the responsible entity intends (1) The EIS has been updated to reflect
to amend and adopt the EIS. The responsible any significant revisions made to the
entity may adopt an EIS when it acts as a assumptions under which the original EIS
cooperating agency in its preparation under was prepared;
40 CFR 1506.3. The responsible entity is not (2) The EIS has been updated to reflect
required to re-circulate or file the EIS, but new environmental issues and data or
must complete the clearance process for the legislation and implementing regulations
RROF. The decision to adopt an EIS shall which may have significant environmental
be made a part of the project ERR. impact on the project area covered by the
prior EIS.
Sec. 58.53 Use of prior (c) There is no litigation pending in
environmental impact connection with the prior EIS, and no final
statements. judicial finding of inadequacy of the prior
Where any final EIS has been listed in EIS has been made.
the Federal Register for a project pursuant to
this part, or where an areawide or similar Subpart G_Environmental
broad scale final EIS has been issued and the Review Process: Procedures
EIS anticipated a subsequent project for Draft, Final and
requiring an environmental clearance, then
Supplemental Environmental (3) The complexity of the issues and

the likelihood that information will be
Impact Statements presented at the hearing which will be of
assistance to the responsible entity.
Sec. 58.55 Notice of intent to (4) The extent to which public
prepare an EIS. involvement has been achieved through
As soon as practicable after the other means.
responsible entity decides to prepare an EIS, (b) Procedure. All public hearings must
it must publish a NOI/EIS, using the HUD be preceded by a notice of public hearing,
recommended format and disseminate it in which must be published in the local news
the same manner as required by 40 CFR media 15 days before the hearing date. The
parts 1500 through 1508. Notice must:
(1) State the date, time, place, and
Sec. 58.56 Scoping process. purpose of the hearing or meeting.
(2) Describe the project, its estimated
The determination on whether or not to
costs, and the project area.
hold a scoping meeting will depend on the
(3) State that persons desiring to be
same circumstances and factors as for the
heard on environmental issues will be
holding of public hearings under SEC.
afforded the opportunity to be heard.
58.59. The responsible entity must wait at
(4) State the responsible entity's name
least 15 days after disseminating or
and address and the name and address of its
publishing the NOI/EIS before holding a
Certifying Officer.
scoping meeting.
(5) State what documents are available,
where they can be obtained, and any charges
Sec. 58.57 Lead agency that may apply.
designation.
If there are several agencies ready to Sec. 58.60 Preparation and
assume the lead role, the responsible entity filing of environmental impact
must make its decision based on the criteria
statements.
in 40 CFR 1501.5(c). If the responsible
entity and a Federal agency are unable to (a) The responsible entity must prepare
reach agreement, then the responsible entity the draft environmental impact statement
must notify HUD (or the State, where (DEIS) and the final environmental impact
applicable). HUD (or the State) will assist in statements (FEIS) using the current HUD
obtaining a determination based on the recommended format or its equivalent.
procedure set forth in 40 CFR 1501.5(e). (b) The responsible entity must file and
distribute the (DEIS) and the (FEIS) in the
Sec. 58.59 Public hearings and following manner:
(1) Five copies to EPA Headquarters;
meetings. (2) Five copies to EPA Regional
(a) Factors to consider. In determining Office;
whether or not to hold public hearings in (3) Copies made available in the
accordance with 40 CFR 1506.6, the responsible entity's and the recipient's office;
responsible entity must consider the (4) Copies or summaries made
following factors: {[[Page 422]]} available to persons who request them; and
(1) The magnitude of the project in (5) FEIS only--one copy to State, HUD
terms of economic costs, the geographic Field Office, and HUD Headquarters library.
area involved, and the uniqueness or size of (c) The responsible entity may request
commitment of resources involved. waivers from the time requirements
(2) The degree of interest in or specified for the draft and final EIS as
controversy concerning the project. prescribed in 40 CFR 1506.6.

(d) When substantial changes are along with a description of any special
proposed in a project or when significant environmental conditions that must be
new circumstances or information becomes adhered to in carrying out the project. The
available during an environmental review, recipient is to submit the RROF and the
the recipient may prepare a supplemental certification of the responsible entity to
EIS as prescribed in 40 CFR 1502.9. HUD (or the State, if applicable) requesting
(e) The responsible entity must prepare the release of {[[Page 423]]}
a Record of Decision (ROD) as prescribed funds. The recipient must agree to
in 40 CFR 1505.2. abide by the special conditions, procedures
[61 FR 19122, Apr. 30, 1996, as and requirements of the environmental
amended at 63 FR 15272, Mar. 30, 1998] review, and to advise the responsible entity
of any proposed change in the scope of the
Subpart H_Release of Funds project or any change in environmental
conditions.
for Particular Projects (c) If the responsible entity determines
that some of the activities are exempt under
Sec. 58.70 Notice of intent to applicable provisions of this part, the
request release of funds. responsible entity shall advise the recipient
The NOI/RROF must be disseminated that it may commit funds for these activities
and/or published in the manner prescribed as soon as programmatic authorization is
by SEC. 58.43 and SEC. 58.45 before the received. This finding shall be documented
certification is signed by the responsible in the ERR maintained by the responsible
entity. entity and in the recipient's project files.
Sec. 58.71 Request for release Sec. 58.72 HUD or State actions
of funds and certification. on RROFs and certifications.
(a) The RROF and certification shall be The actions which HUD (or a State)
sent to the appropriate HUD Field Office (or may take with respect to a recipient's
the State, if applicable), except as provided environmental certification and RROF are as
in paragraph (b) of this section. This request follows:
shall be executed by the Certifying Officer. (a) In the absence of any receipt of
The request shall describe the specific objection to the contrary, except as provided
project and activities covered by the request in paragraph (b) of this section, HUD (or the
and contain the certification required under State) will assume the validity of the
the applicable statute cited in SEC. 58.1(b). certification and RROF and will approve
The RROF and certification must be in a these documents after expiration of the 15-
form specified by HUD. day period prescribed by statute.
(b) When the responsible entity is (b) HUD (or the state) may disapprove
conducting an environmental review on a certification and RROF if it has knowledge
behalf of a recipient, as provided for in SEC. that the responsible entity or other
58.10, the recipient must provide the participants in the development process have
responsible entity with all available project not complied with the items in SEC. 58.75,
and environmental information and refrain or that the RROF and certification are
from undertaking any physical activities or inaccurate.
choice limiting actions until HUD (or the (c) In cases in which HUD has
State, if applicable) has approved its request approved a certification and RROF but
for release of funds. The certification form subsequently learns (e.g., through
executed by the responsible entity's monitoring) that the recipient violated SEC.
certifying officer shall be sent to the 58.22 or the recipient or responsible entity
recipient that is to receive the assistance otherwise failed to comply with a clearly
applicable environmental authority, HUD (c) The responsible entity has omitted
shall impose appropriate remedies and one or more of the steps set forth at subpart
sanctions in accord with the law and E of this part for the preparation, publication
regulations for the program under which the and completion of an EA.
violation was found. (d) The responsible entity has omitted
[61 FR 19122, Apr. 30, 1996, as one or more of the steps set forth at subparts
amended at 68 FR 56130, Sept. 29, 2003] F and G of this part for the conduct,
preparation, publication and completion of
Sec. 58.73 Objections to release an EIS.
of funds. (e) The recipient or other participants in
the development process have committed
HUD (or the State) will not approve the
funds, incurred costs or undertaken activities
ROF for any project before 15 calendar days
not authorized by this part before release of
have elapsed from the time of receipt of the
funds and approval of the environmental
RROF and the certification or from the time
certification by HUD (or the state).
specified in the notice published pursuant to
(f) Another Federal agency acting
SEC. 58.70, whichever is later. Any person
pursuant to 40 CFR part 1504 has submitted
or agency may object to a recipient's RROF
a written finding that the {[[Page 424]]}
and the related certification. However, the
project is unsatisfactory from the
objections must meet the conditions and
standpoint of environmental quality.
procedures set forth in subpart H of this part.
[61 FR 19122, Apr. 30, 1996, as
HUD (or the State) can refuse the RROF and
amended at 68 FR 56130, Sept. 29, 2003]
certification on any grounds set forth in
SEC. 58.75. All decisions by HUD (or the
State) regarding the RROF and the
Sec. 58.76 Procedure for
certification shall be final. objections.
A person or agency objecting to a
Sec. 58.74 Time for objecting. responsible entity's RROF and certification
All objections must be received by shall submit objections in writing to HUD
HUD (or the State) within 15 days from the (or the State). The objections shall:
time HUD (or the State) receives the (a) Include the name, address and
recipient's RROF and the related telephone number of the person or agency
certification, or within the time period submitting the objection, and be signed by
specified in the notice, whichever is later. the person or authorized official of an
agency.
(b) Be dated when signed.
Sec. 58.75 Permissible bases
(c) Describe the basis for objection and
for objections. the facts or legal authority supporting the
HUD (or the State), will consider objection.
objections claiming a responsible entity's (d) State when a copy of the objection
noncompliance with this part based only on was mailed or delivered to the responsible
any of the following grounds: entity's Certifying Officer.
(a) The certification was not in fact
executed by the responsible entity's Sec. 58.77 Effect of approval of
Certifying Officer. certification.
(b) The responsible entity has failed to
make one of the two findings pursuant to (a) Responsibilities of HUD and States.
SEC. 58.40 or to make the written HUD's (or, where applicable, the State's)
determination required by SEC. Sec. 58.35, approval of the certification shall be deemed
58.47 or 58.53 for the project, as applicable. to satisfy the responsibilities of the Secretary
under NEPA and related provisions of law
cited at SEC. 58.5 insofar as those

responsibilities relate to the release of funds (ii) HUD may require attendance by
as authorized by the applicable provisions of staff of the responsible entity at HUD-
law cited in SEC. 58.1(b). sponsored or approved training, which will
(b) Public and agency redress. Persons be provided periodically at various locations
and agencies seeking redress in relation to around the country;
environmental reviews covered by an (iii) HUD may refuse to accept the
approved certification shall deal with the certifications of environmental compliance
responsible entity and not with HUD. It is on subsequent grants;
HUD's policy to refer all inquiries and (iv) HUD may suspend or terminate the
complaints to the responsible entity and its responsible entity's assumption of the
Certifying Officer. Similarly, the State environmental review responsibility;
(where applicable) may direct persons and (v) HUD may initiate sanctions,
agencies seeking redress in relation to corrective actions, or other remedies
environmental reviews covered by an specified in program regulations or
approved certification to deal with the agreements or contracts with the recipient.
responsible entity, and not the State, and (2) HUD's responsibilities and action
may refer inquiries and complaints to the under paragraph (d)(1) of this section shall
responsible entity and its Certifying Officer. not be construed to limit or reduce any
Remedies for noncompliance are set forth in responsibility assumed by a responsible
program regulations. entity with respect to any particular release
(c) Implementation of environmental of funds under this part. Whether or not
review decisions. Projects of a recipient will HUD takes action under paragraph (d)(1) of
require post-review monitoring and other this section, the Certifying Officer remains
inspection and enforcement actions by the the responsible Federal official under SEC.
recipient and the State or HUD (using 58.13 with respect to projects and activities
procedures provided for in program for which the Certifying Officer has
regulations) to assure that decisions adopted submitted a certification under this part.
through the environmental review process {[[Page 425]]}
are carried out during project development
and implementation.
(d) Responsibility for monitoring and
training. (1) At least once every three years,
HUD intends to conduct in-depth
monitoring and exercise quality control
(through training and consultation) over the
environmental activities performed by
responsible entities under this part. Limited
monitoring of these environmental activities
will be conducted during each program
monitoring site visit. If through limited or
in-depth monitoring of these environmental
activities or by other means, HUD becomes
aware of any environmental deficiencies,
HUD may take one or more of the following
actions:
(i) In the case of problems found during
limited monitoring, HUD may schedule in-
depth monitoring at an earlier date or may
schedule in-depth monitoring more
frequently;
24 CFR 70 Volunteers, Davis-Bacon And Hud-Determined Wage Rates
development of public housing projects)
determined or adopted by HUD, for
24 CFR 70 Volunteers, volunteers employed on projects that are
subject to prevailing wage rates under Title I
Davis-Bacon And Hud- of the Housing and Community
Determined Wage Rates Development Act of 1974 (including
Community Development Block Grants,
[Code of Federal Regulations] section 108 loan guarantees, and Urban
[Title 24, Volume 1] Development Action Grants), under section
[Revised as of April 1, 2004] 12 of the United States Housing Act of 1937
From the U.S. Government Printing (public housing development and operation
Office via GPO Access and section 8 projects), and under section
[Page 425-428] 202 of the Housing Act of 1959 for elderly
TITLE 24--HOUSING AND URBAN and handicapped housing projects prior to
DEVELOPMENT the effective date of the amendment of
PART 70_USE OF VOLUNTEERS section 202 by section 801 of NAHA. This
ON PROJECTS SUBJECT TO DAVIS- part also implements other provisions that
BACON AND HUD-DETERMINED provide an exemption for volunteers,
WAGE RATES--Table of Contents including section 286 of NAHA (the HOME
program), section 202 of the House Act of
70.1 Purpose and authority. 1959, as amended by NAHA (supportive
70.2 Applicability. housing for the elderly), and any later-
70.3 Definitions. enacted exemptions.
70.4 Procedure for implementing (b) This part is also applicable to all
prevailing wage exemptions for volunteers. HUD programs for which there is a statutory
70.5 Procedure for obtaining HUD provision allowing HUD to waive Davis-
waiver of prevailing wage rates for Bacon wage rates for volunteers that are not
volunteers. otherwise employed at any time on the work
for which the individual volunteers. These
Authority: SEC. 955, Cranston- programs include section 811 of NAHA
Gonzalez National Affordable Housing Act (supportive housing for persons with
(42 U.S.C. 1437(j), 5310 and 12 U.S.C. disabilities), FHA mortgage insurance
1701q(c)(3); SEC. 7(d) Department of programs under sections 221(d)(3) and
Housing and Urban Development Act (42 (d)(4) (each with respect to cooperative
U.S.C. 3535(d)). housing projects only), 221(h)(1) (but only
Source: 57 FR 14756, Apr. 22, 1992, where a nonprofit organization undertakes
unless otherwise noted. the construction), 235(j)(1) (but only where
a nonprofit organization undertakes the
construction), 231, 232, 236 and 242 of the
Sec. 70.1 Purpose and National Housing Act, rehabilitation under
authority. section 312 of the Housing Act of 1964 and
(a) This part implements section 955 of college housing under section 402 of the
the National Affordable Housing Act Housing Act of 1950.
(NAHA), which provides an exemption (c) This part provides definitions and
from the requirement to pay prevailing wage procedures for determining allowable
rates determined under the Davis-Bacon Act payments to volunteers, determining who is
or (in the case of laborers and mechanics a bona fide volunteer, and otherwise
employed in the operation of public housing implementing exemptions from and waivers
projects, and architects, technical engineers, of prevailing wage requirements where
draftsmen and technicians employed in the volunteers are employed.

Sec. 70.2 Applicability. HUD on a case-by-case basis by examining

the total amount of payments made
This part applies to all HUD programs
(expenses, benefits, fees) in the context of
for which there is a statutory exemption
the economic realities of the particular
from Davis-Bacon or HUD-determined
situation. Subject to this determination:
prevailing wage rates for volunteers or a
(1) A payment for an expense may be
statutory provision allowing HUD waiver of
received by a volunteer for items such as
Davis-Bacon prevailing wage rates for
uniform allowances or reimbursement for
volunteers. The programs to which this part
reasonable cleaning expenses or wear and
applies include the programs listed in
tear on personal clothing worn while
section 70.1(a) and (b) and any other
performing the volunteer work.
program for which a statutory exemption or
Additionally, reimbursement for
HUD waiver provision for volunteers is
approximate out-of-pocket expenses for the
enacted. This part does not, however,
cost of meals and transportation expenses
{[[Page 426]]}
may be made.
apply to HUD waivers of prevailing
(2) Reasonable benefits may constitute
wage requirements under section 20 of the
inclusion of individual volunteers in group
United States Housing Act of 1937 for
insurance plans (such as liability, health,
public housing residents who volunteer a
life, disability, workers' compensation) or
portion of their labor (see 24 CFR 964.41).
pension plan or length of service awards.
This part also does not apply to the
(3) A nominal fee is not a substitute for
contribution of labor by an eligible family
compensation and must not be tied to
under the Mutual Help Homeownership
productivity. The decision as to what
Opportunity Program for Indian families
constitutes ``nominal'' must be made on a
under section 202 of the United States
case-by-case basis and in the context of the
Housing Act of 1937.
economic realities of the situation.
(4) The phrase economic realities
Sec. 70.3 Definitions. means that in determining whether the fee
(a) A volunteer, for purposes of this described in paragraph (b)(3) of this section
part, is an individual who performs service may be deemed ``nominal'', the amount of
for a public or private entity for civic, the fee must be judged in the context of
charitable, or humanitarian reasons, without what paid workers doing the same work
promise, expectation or receipt of would earn in the particular locality
compensation for services rendered, on a involved. For example, a ``payment'' made
HUD-assisted or insured project which is to a ``homeless'' volunteer in an amount
subject to a requirement to pay prevailing which covers basic necessities but
wage rates. nonetheless represents an insignificant
(1) Individuals shall be considered amount when compared with local cost of
volunteers only where their services are living and real wages may be determined to
offered freely and without pressure and be nominal for purposes of qualifying as a
coercion, direct or implied, from an volunteer, provided the payment is not in
employer. fact a substitute for compensation and is not
(2) An individual shall not be tied in any way to productivity.
considered a volunteer if the individual is (c) Prevailing wage rates, for purposes
otherwise employed at any time in the of this part, means:
construction or maintenance work for which (1) Wage rates required to be paid to
the individual volunteers. laborers and mechanics employed in the
(b) Expenses, reasonable benefits, or construction (including rehabilitation) of a
nominal fees may be provided to volunteers project (or in the case of public housing, the
without the status of the volunteer being lost development of the project), as determined
but only after a determination is made by
24 CFR 70 Volunteers, Davis-Bacon And Hud-Determined Wage Rates
by the Secretary of Labor under the Davis- enforcement of HUD-determined or adopted
Bacon Act; wage rates in the operation of public
(2) Wage rates required to be paid to housing assisted under the United States
laborers and mechanics employed in the Housing Act of 1937.
operation of a public housing project, as (d) For a project covered by prevailing
determined or adopted by the Secretary of wage rate requirements in which all the
HUD; and work is to be done by volunteers and there
(3) Wage rates required to be paid to are no paid construction employees, the
architects, technical engineers, draftsmen local or State funding agency (or, if none,
and technicians employed in the the entity that employs the volunteers) shall
development of a public housing project, as record in the pertinent project file the name
determined or adopted by the Secretary of and address of the agency sponsoring the
HUD. project, a description of the project
(location, cost, nature of the work), and the
Sec. 70.4 Procedure for number of volunteers and the hours of work
they performed. The entity responsible for
implementing prevailing recording this information shall also provide
wage exemptions for a copy of this information to HUD.
volunteers. (e) For a project covered by prevailing
(a) This section applies to those HUD wage rate requirements in which there is to
programs for which there is a statutory be a mix of paid workers and volunteers, the
exemption for volunteers, as referenced in local or State funding agency (or, if none,
SEC. 70.1(a). the entity responsible for generating
(b) Local or State agencies or private certified payrolls) shall provide HUD the
parties whose employees are otherwise information in paragraph (d) of this section,
{[[Page 427]]} along with the names of the volunteers.
subject to Davis-Bacon or HUD- (f) Volunteers who receive no
determined prevailing wage rates which expenses, benefits or fees described in (c)
propose to use volunteers and wish to pay and are otherwise bona fide shall be
the volunteers' expenses, reasonable recorded as in (d) or (e).
benefits, or nominal fees shall request a
determination from HUD that these Sec. 70.5 Procedure for
payments meet the criteria in SEC. 70.3(b). obtaining HUD waiver of
A written determination shall be provided to
the requester by the Department within ten
prevailing wage rates for
days of receipt by the Department of volunteers.
sufficient information to allow for the (a) This section applies to those HUD
determination. programs under which HUD is statutorily
(c) A determination under paragraph authorized to waive prevailing wage
(b) shall not be construed in any way as requirements for volunteers, as referenced in
limiting the use of bona fide volunteers on SEC. 70.1(b).
HUD-assisted construction, but rather is (b) Local or State agencies or private
required to ensure that the Department parties whose employees are otherwise
performs its appropriate responsibilities subject to prevailing wage rates and which
under Reorganization Plan No. 14 of 1950 wish to use volunteers shall request a waiver
and related Department of Labor of prevailing wage requirements from HUD
Regulations in title 29 CFR part 5, regarding for the volunteers. A request for waiver shall
the administration and enforcement of the indicate that the proposed volunteers are
Davis-Bacon and Related Acts, and its volunteering their services for the purposes
responsibility for the administration and of lowering the costs of construction. The

request shall include information sufficient
for HUD to make a determination, as
required by statute, that any amounts saved 24 CFR 87 New
through the use of volunteers are fully
credited to the corporation, cooperative, or Restrictions On Lobbying
public body or agency undertaking the [Code of Federal Regulations]
construction and a determination that any [Title 24, Volume 1]
payments to volunteers meet the criteria in [Revised as of April 1, 2004]
section 70.3(b). Information regarding the From the U.S. Government Printing
crediting of amounts saved is required in Office via GPO Access
order to insure that the statutorily prescribed [Page 529-540]
purpose of lowering the costs of TITLE 24--HOUSING AND URBAN
construction is fulfilled by passing savings DEVELOPMENT
from the use of volunteers on to the sponsor PART 87_NEW RESTRICTIONS ON
or other body or agency undertaking the LOBBYING
construction, rather than permitting the
retention of any savings as a windfall by a Subpart A_General
contractor or subcontractor. A written 87.100 Conditions on use of funds.
waiver shall be provided to the requestor by 87.105 Definitions.
the Department within ten days of receipt by 87.110 Certification and disclosure.
the Department of sufficient information to
meet the requirements for a waiver. Subpart B_Activities by Own
(c) For a project covered by prevailing Employees
wage rate requirements in which all the 87.200 Agency and legislative liaison.
work is to be done by volunteers and there 87.205 Professional and technical
are no paid construction employees, the services.
local or State funding agency (or, if none, 87.210 Reporting.
the entity that employs the volunteers) shall
record in the pertinent project file the name Subpart C_Activities by Other Than
and address of the agency sponsoring the Own Employees
project, the name, location, and HUD 87.300 Professional and technical
project number (if any) of the project, the services.
number of volunteers, and type of work and
hours of work they performed. The entity Subpart D_Penalties and Enforcement
responsible for recording this information 87.400 Penalties.
shall provide a copy of the information to 87.405 Penalty procedures.
HUD. {[[Page 428]]} 87.410 Enforcement.
(d) For a project covered by prevailing
wage rate requirements in which there is to Subpart E_Exemptions
be a mix of paid workers and volunteers, the 87.500 Secretary of Defense.
local or State funding agency (or, if none,
the entity responsible for generating Subpart F_Agency Reports
certified payrolls) shall provide HUD the 87.600 Semi-annual compilation.
information in (c) of this section, along with {[[Page 530]]}
the names of the proposed volunteers. 87.605 Inspector General report.
Appendix A to Part 87--Certification

Regarding Lobbying
Appendix B to Part 87--Disclosure

Form to Report Lobbying
24 CFR 87 New Restrictions On Lobbying
(d) Each person who requests or
Authority: 31 U.S.C. 1352; 42 U.S.C. receives from an agency a commitment
3535(d). providing for the United States to insure or
Source: 55 FR 6737, 6750, Feb. 26, guarantee a loan shall file with that agency a
1990, unless otherwise noted. statement, set forth in appendix A, whether
Cross reference: See also OMB notice that person has made or has agreed to make
published at 54 FR 52306, December 20, any payment to influence or attempt to
1989. influence an officer or employee of any
agency, a Member of Congress, an officer or
employee of Congress, or an employee of a
Subpart A_General Member of Congress in connection with that
loan insurance or guarantee.
Sec. 87.100 Conditions on use (e) Each person who requests or
receives from an agency a commitment
of funds. providing for the United States to insure or
(a) No appropriated funds may be guarantee a loan shall file with that agency a
expended by the recipient of a Federal disclosure form, set forth in appendix B, if
contract, grant, loan, or cooperative that person has made or has agreed to make
ageement to pay any person for influencing any payment to influence or attempt to
or attempting to influence an officer or influence an officer or employee of any
employee of any agency, a Member of agency, a Member of Congress, an officer or
Congress, an officer or employee of employee of Congress, or an employee of a
Congress, or an employee of a Member of Member of Congress in connection with that
Congress in connection with any of the loan insurance or guarantee.
following covered Federal actions: the
awarding of any Federal contract, the Sec. 87.105 Definitions.
making of any Federal grant, the making of
any Federal loan, the entering into of any For purposes of this part:
cooperative agreement, and the extension, (a) Agency, as defined in 5 U.S.C.
continuation, renewal, amendment, or 552(f), includes Federal executive
modification of any Federal contract, grant, departments and agencies as well as
loan, or cooperative agreement. independent regulatory commissions and
(b) Each person who requests or Government corporations, as defined in 31
receives from an agency a Federal contract, U.S.C. 9101(1).
grant, loan, or cooperative agreement shall (b) Covered Federal action means any
file with that agency a certification, set forth of the following Federal actions:
in appendix A, that the person has not made, (1) The awarding of any Federal
and will not make, any payment prohibited contract;
by paragraph (a) of this section. (2) The making of any Federal grant;
(c) Each person who requests or (3) The making of any Federal loan;
receives from an agency a Federal contract, (4) The entering into of any cooperative
grant, loan, or a cooperative agreement shall agreement; and,
file with that agency a disclosure form, set (5) The extension, continuation,
forth in appendix B, if such person has made renewal, amendment, or modification of any
or has agreed to make any payment using Federal contract, grant, loan, or cooperative
nonappropriated funds (to include profits agreement.
from any covered Federal action), which Covered Federal action does not
would be prohibited under paragraph (a) of include receiving from an agency a
this section if paid for with appropriated commitment providing for the United States
funds. to insure or guarantee a loan. Loan

guarantees and loan insurance are addressed representative organization, and any other
independently within this part. instrumentality of a local government.
(c) Federal contract means an (k) Officer or employee of an agency
acquisition contract awarded by an agency, includes the following individuals who are
including those subject to the Federal employed by an agency:
Acquisition Regulation (FAR), and any (1) An individual who is appointed to a
other acquisition contract for real or position in the Government under title 5,
personal property or services not subject to U.S. Code, including a position under a
the FAR. temporary appointment;
(d) Federal cooperative agreement (2) A member of the uniformed
means a cooperative agreement entered into services as defined in section 101(3), title
by an agency. {[[Page 531]]} 37, U.S. Code;
(e) Federal grant means an award of (3) A special Government employee as
financial assistance in the form of money, or defined in section 202, title 18, U.S. Code;
property in lieu of money, by the Federal and,
Government or a direct appropriation made (4) An individual who is a member of a
by law to any person. The term does not Federal advisory committee, as defined by
include technical assistance which provides the Federal Advisory Committee Act, title 5,
services instead of money, or other U.S. Code appendix 2.
assistance in the form of revenue sharing, (l) Person means an individual,
loans, loan guarantees, loan insurance, corporation, company, association,
interest subsidies, insurance, or direct authority, firm, partnership, society, State,
United States cash assistance to an and local government, regardless of whether
individual. such entity is operated for profit or not for
(f) Federal loan means a loan made by profit. This term excludes an Indian tribe,
an agency. The term does not include loan tribal organization, or any other Indian
guarantee or loan insurance. organization with respect to expenditures
(g) Indian tribe and tribal organization specifically permitted by other Federal law.
have the meaning provided in section 4 of (m) Reasonable compensation means,
the Indian Self-Determination and Education with respect to a regularly employed officer
Assistance Act (25 U.S.C. 450B). Alaskan or employee of any person, compensation
Natives are included under the definitions of that is consistent with the normal
Indian tribes in that Act. compensation for such officer or employee
(h) Influencing or attempting to for work that is not furnished to, not funded
influence means making, with the intent to by, or not furnished in cooperation with the
influence, any communication to or Federal Government.
appearance before an officer or employee or (n) Reasonable payment means, with
any agency, a Member of Congress, an respect to perfessional and other technical
officer or employee of Congress, or an services, a payment in an amount that is
employee of a Member of Congress in consistent with the amount normally paid for
connection with any covered Federal action. such services in the private sector.
(i) Loan guarantee and loan insurance (o) Recipient includes all contractors,
means an agency's guarantee or insurance of subcontractors at any tier, and subgrantees at
a loan made by a person. any tier of the recipient of funds received in
(j) Local government means a unit of connection with a Federal contract, grant,
government in a State and, if chartered, loan, or cooperative agreement. The term
established, or otherwise recognized by a excludes an Indian tribe, tribal organization,
State for the performance of a governmental or any other Indian organization with respect
duty, including a local public authority, a to expenditures specifically permitted by
special district, an intrastate district, a other Federal law.
council of governments, a sponsor group
(p) Regularly employed means, with (1) A Federal contract, grant, or
respect to an officer or employee of a person cooperative agreement exceeding $100,000;
requesting or receiving a Federal contract, or
grant, loan, or cooperative agreement or a (2) A Federal loan or a commitment
commitment providing for the United States providing for the United States to insure or
to insure or guarantee a loan, an officer or guarantee a loan exceeding $150,000 or the
employee who is employed by such person single family maximum mortgage limit for
for at least 130 working days within one affected programs, whichever is greater.
year immediately preceding the date of the Unless such person previously filed a
submission that initiates agency certification, and a disclosure form, if
consideration of such person for receipt of required, under paragraph (a) of this section.
such contract, grant, loan, cooperative (c) Each person shall file a disclosure
agreement, loan insurance commitment, or form at the end of each calendar quarter in
loan guarantee commitment. An officer or which there occurs any event that requires
employee who is employed by such person disclosure or that materially affects the
for less than {[[Page 532]]} accuracy of the information contained in any
130 working days within one year disclosure form previously filed by such
immediately preceding the date of the person under paragraphs (a) or (b) of this
submission that initiates agency section. An event that materially affects the
consideration of such person shall be accuracy of the information reported
considered to be regularly employed as soon includes:
as he or she is employed by such person for (1) A cumulative increase of $25,000 or
130 working days. more in the amount paid or expected to be
(q) State means a State of the United paid for influencing or attempting to
States, the District of Columbia, the influence a covered Federal action; or
Commonwealth of Puerto Rico, a territory (2) A change in the person(s) or
or possession of the United States, an individual(s) influencing or attempting to
agency or instrumentality of a State, and a influence a covered Federal action; or,
multi- (3) A change in the officer(s),
State, regional, or interstate entity employee(s), or Member(s) contacted to
having governmental duties and powers. influence or attempt to influence a covered
Federal action.
Sec. 87.110 Certification and (d) Any person who requests or
disclosure. receives from a person referred to in
paragraphs (a) or (b) of this section:
(a) Each person shall file a certification,
(1) A subcontract exceeding $100,000
and a disclosure form, if required, with each
at any tier under a Federal contract;
submission that initiates agency
(2) A subgrant, contract, or subcontract
consideration of such person for:
exceeding $100,000 at any tier under a
(1) Award of a Federal contract, grant,
Federal grant;
or cooperative agreement exceeding
(3) A contract or subcontract exceeding
$100,000; or
$100,000 at any tier under a Federal loan
(2) An award of a Federal loan or a
exceeding $150,000; or,
commitment providing for the United States
(4) A contract or subcontract exceeding
to insure or guarantee a loan exceeding
$100,000 at any tier under a Federal
$150,000 or the single family maximum
cooperative agreement,
mortgage limit for affected programs,
Shall file a certification, and a
whichever is greater.
disclosure form, if required, to the next tier
(b) Each person shall file a
above.
certification, and a disclosure form, if
(e) All disclosure forms, but not
required, upon receipt by such person of:
certifications, shall be forwarded from tier to

tier until received by the person referred to reasonable compensation made to an officer
in paragraphs (a) or (b) of this section. That or employee of a person requesting or
person shall forward all disclosure forms to receiving a Federal contract, grant, loan, or
the agency. cooperative agreement if the payment is for
(f) Any certification or disclosure form agency and legislative liaison activities not
filed under paragraph (e) of this section shall directly related to a covered Federal action.
be treated as a material representation of fact (b) For purposes of paragraph (a) of
upon which all receiving tiers shall rely. All this section, providing any information
liability arising from an erroneous specifically requested by an agency or
representation shall be borne solely by the Congress is allowable at any time.
tier filing that representation and shall not be (c) For purposes of paragraph (a) of this
shared by any tier to which the erroneous section, the following agency and legislative
representation is forwarded. Submitting an liaison activities are allowable at any time
erroneous certification or disclosure only where they are not related to a specific
constitutes a failure to file the required solicitation for any covered Federal action:
certification or disclosure, respectively. If a (1) Discussing with an agency
person fails to file a required certification or (including individual demonstrations) the
disclosure, the United States may pursue all qualities and characteristics of the person's
available remedies, including those products or services, conditions or terms of
authorized by section 1352, title 31, U.S. sale, and service capabilities; and,
Code. (2) Technical discussions and other
(g) For awards and commitments in activities regarding the application or
process prior to December 23, 1989, but not adaptation of the person's products or
made before that date, certifications shall be services for an agency's use.
required at award or {[[Page 533]]} (d) For purposes of paragraph (a) of
commitment, covering activities this section, the following agencies and
occurring between December 23, 1989, and legislative liaison activities are allowable
the date of award or commitment. However, only where they are prior to formal
for awards and commitments in process solicitation of any covered Federal action:
prior to the December 23, 1989 effective (1) Providing any information not
date of these provisions, but not made before specifically requested but necessary for an
December 23, 1989, disclosure forms shall agency to make an informed decision about
not be required at time of award or initiation of a covered Federal action;
commitment but shall be filed within 30 (2) Technical discussions regarding the
days. preparation of an unsolicited proposal prior
(h) No reporting is required for an to its official submission; and,
activity paid for with appropriated funds if (3) Capability presentations by persons
that activity is allowable under either seeking awards from an agency pursuant to
subpart B or C. the provisions of the Small Business Act, as
[55 FR 6737, 6750, Feb. 26, 1990, as amended by Pub. L. 95-507 and other
amended at 59 FR 5321, Feb. 4, 1994] subsequent amendments.
(e) Only those activities expressly
Subpart B_Activities by Own authorized by this section are allowable
under this section.
Employees
Sec. 87.200 Agency and Sec. 87.205 Professional and
legislative liaison. technical services.
(a) The prohibition on the use of
(a) The prohibition on the use of
appropriated funds, in SEC. 87.100 (a), does
appropriated funds, in SEC. 87.100 (a), does
not apply in the case of a payment of
not apply in the case of a payment of
reasonable compensation made to an officer or submission of a bid or proposal are not
or employee of a person requesting or allowable under this section since the
receiving a Federal contract, grant, loan, or engineer is providing technical services but
cooperative agreement or an extension, not directly in the preparation, submission or
continuation, renewal, amendment, or negotiation of a covered Federal action.
modification of a Federal contract, grant, (c) Requirements imposed by or
loan, or cooperative agreement if payment is pursuant to law as a condition for receiving
for professional or technical services a covered Federal award include those
rendered directly in the preparation, required by law or regulation, or reasonably
submission, or negotiation of any bid, expected to be required by law or regulation,
proposal, or application for that Federal and any other requirements in the actual
contract, grant, loan, or cooperative award documents.
agreement or for meeting requirements (d) Only those services expressly
imposed by or pursuant to law as a condition authorized by this section are allowable
for receiving that Federal contract, grant, under this section.
loan, or cooperative agreement.
(b) For purposes of paragraph (a) of Sec. 87.210 Reporting.
this section, professional and technical No reporting is required with respect to
services shall be limited to advice and payments of reasonable compensation made
analysis directly applying any professional to regularly employed officers or employees
or technical discipline. For example, of a person.
drafting of a legal document accompanying
a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an
Subpart C_Activities by
engineer on the performance or operational Other Than Own Employees
capability of a piece of equipment rendered
directly in the negotiation of a contract is Sec. 87.300 Professional and
allowable. However, communications with technical services.
the intent to influence made by a (a) The prohibition on the use of
professional (such as a licensed lawyer) or a appropriated funds, in SEC. 87.100 (a), does
technical person (such as a licensed not apply in the case of any reasonable
accountant) are not allowable {[[Page payment to a person, other than an officer or
534]]} employee of a person requesting or
under this section unless they provide receiving a covered Federal action, if the
advice and analysis directly applying their payment is for professional or technical
professional or technical expertise and services rendered directly in the preparation,
unless the advice or analysis is rendered submission, or negotiation of any bid,
directly and solely in the preparation, proposal, or application for that Federal
submission or negotiation of a covered contract, grant, loan, or cooperative
Federal action. Thus, for example, agreement or for meeting requirements
communications with the intent to influence imposed by or pursuant to law as a condition
made by a lawyer that do not provide legal for receiving that Federal contract, grant,
advice or analysis directly and solely related loan, or cooperative agreement.
to the legal aspects of his or her client's (b) The reporting requirements in SEC.
proposal, but generally advocate one 87.110 (a) and (b) regarding filing a
proposal over another are not allowable disclosure form by each person, if required,
under this section because the lawyer is not shall not apply with respect to professional
providing professional legal services. or technical services rendered directly in the
Similarly, communications with the intent to preparation, submission, or negotiation of
influence made by an engineer providing an
engineering analysis prior to the preparation

any commitment providing for the United receiving a covered Federal action include
States to insure or guarantee a loan. consultants and trade associations.
(c) For purposes of paragraph (a) of this (f) Only those services expressly
section, professional and technical services authorized by this section are allowable
shall be limited to advice and analysis under this section.
directly applying any professional or
technical discipline. For example, drafting Subpart D_Penalties and
or a legal document accompanying a bid or
proposal by a lawyer is allowable. Similarly,
Enforcement
technical advice provided by an engineer on
the performance or operational capability of Sec. 87.400 Penalties.
a piece of equipment rendered directly in the (a) Any person who makes an
negotiation of a contract is allowable. expenditure prohibited herein shall be
However, communications with the intent to subject to a civil penalty of not less than
influence made by a professional (such as a $10,000 and not more than $100,000 for
licensed lawyer) or a technical person (such each such expenditure.
as a licensed accountant) are not allowable (b) Any person who fails to file or
under this section unless they provide advice amend the disclosure form (see appendix B)
and analysis directly applying their to be filed or amended if required herein,
professional or technical expertise and shall be subject to a civil penalty of not less
unless the advice or analysis is rendered than $10,000 and not more than $100,000
directly and solely in the preparation, for each such failure.
submission or negotiation of a covered (c) A filing or amended filing on or
Federal action. Thus, for example, after the date on which an administrative
communications with the intent to influence action for the imposition of a civil penalty is
made by a lawyer that do not provide legal commenced does not prevent the imposition
advice or analysis directly and solely related of such civil penalty for a failure occurring
to the legal aspects of his or her client's before that date. An administrative action is
proposal, but generally advocate one commenced with respect to a failure when
proposal over another are not allowable an investigating official determines in
under this section because the lawyer is not writing to commence an investigation of an
providing professional legal services. allegation of such failure.
Similarly, communications with the intent to (d) In determining whether to impose a
influence made by an engineer providing an civil penalty, and the amount of any such
engineering analysis prior to the preparation penalty, by reason of a violation by any
or submission of a bid or proposal are not person, the agency shall consider the nature,
allowable under this section since the circumstances, extent, and gravity of the
engineer is providing technical services but violation, the effect on the ability of such
not directly in the preparation, submission or person to continue in business, any prior
negotiation of a covered Federal action. violations by such person, the degree of
{[[Page 535]]} culpability of such person, the ability of the
(d) Requirements imposed by or person to pay the penalty, and such other
pursuant to law as a condition for receiving matters as may be appropriate.
a covered Federal award include those (e) First offenders under paragraphs (a)
required by law or regulation, or reasonably or (b) of this section shall be subject to a
expected to be required by law or regulation, civil penalty of $10,000, absent aggravating
and any other requirements in the actual circumstances. Second and subsequent
award documents. offenses by persons shall be subject to an
(e) Persons other than officers or appropriate civil penalty between $10,000
employees of a person requesting or and $100,000, as determined by the agency
head or his or her designee.
(f) An imposition of a civil penalty House of Representatives a report
under this section does not prevent the containing a compilation of the {[[Page
United States from seeking any other 536]]}
remedy that may apply to the same conduct information contained in the disclosure
that is the basis for the imposition of such reports received during the six-
civil penalty. month period ending on March 31 or
September 30, respectively, of that year.
Sec. 87.405 Penalty procedures. (b) The report, including the
Agencies shall impose and collect civil compilation, shall be available for public
penalties pursuant to the provisions of the inspection 30 days after receipt of the report
Program Fraud and Civil Remedies Act, 31 by the Secretary and the Clerk.
U.S.C. sections 3803 (except subsection (c) Information that involves
(c)), 3804, 3805, 3806, 3807, 3808, and intelligence matters shall be reported only to
3812, insofar as these provisions are not the Select Committee on Intelligence of the
inconsistent with the requirements herein. Senate, the Permanent Select Committee on
Intelligence of the House of Representatives,
and the Committees on Appropriations of
Sec. 87.410 Enforcement.
the Senate and the House of Representatives
The head of each agency shall take in accordance with procedures agreed to by
such actions as are necessary to ensure that such committees. Such information shall not
the provisions herein are vigorously be available for public inspection.
implemented and enforced in that agency. (d) Information that is classified under
Executive Order 12356 or any successor
Subpart E_Exemptions order shall be reported only to the
Committee on Foreign Relations of the
Sec. 87.500 Secretary of Senate and the Committee on Foreign
Defense. Affairs of the House of Representatives or
the Committees on Armed Services of the
(a) The Secretary of Defense may
Senate and the House of Representatives
exempt, on a case-by-case basis, a covered
(whichever such committees have
Federal action from the prohibition
jurisdiction of matters involving such
whenever the Secretary determines, in
information) and to the Committees on
writing, that such an exemption is in the
Appropriations of the Senate and the House
national interest. The Secretary shall
of Representatives in accordance with
transmit a copy of each such written
procedures agreed to by such committees.
exemption to Congress immediately after
Such information shall not be available for
making such a determination.
public inspection.
(b) The Department of Defense may
(e) The first semi-annual compilation
issue supplemental regulations to implement
shall be submitted on May 31, 1990, and
paragraph (a) of this section.
shall contain a compilation of the disclosure
reports received from December 23, 1989 to
Subpart F_Agency Reports March 31, 1990.
(f) Major agencies, designated by the
Sec. 87.600 Semi-annual Office of Management and Budget (OMB),
compilation. are required to provide machine-readable
(a) The head of each agency shall compilations to the Secretary of the Senate
collect and compile the disclosure reports and the Clerk of the House of
(see appendix B) and, on May 31 and Representatives no later than with the
November 30 of each year, submit to the compilations due on May 31, 1991. OMB
Secretary of the Senate and the Clerk of the shall provide detailed specifications in a
memorandum to these agencies.

(g) Non-major agencies are requested influencing or attempting to influence an
to provide machine-readable compilations to officer or employee of an agency, a Member
the Secretary of the Senate and the Clerk of of Congress, an officer or employee of
the House of Representatives. Congress, or an employee of a Member of
(h) Agencies shall keep the originals of Congress in connection with the awarding of
all disclosure reports in the official files of any Federal contract, the making of any
the agency. Federal grant, the making of any Federal
loan, the entering into of any cooperative
Sec. 87.605 Inspector General agreement, and the {[[Page 537]]}
report. extension, continuation, renewal,
amendment, or modification of any Federal
(a) The Inspector General, or other
contract, grant, loan, or cooperative
official as specified in paragraph (b) of this
agreement.
section, of each agency shall prepare and
(2) If any funds other than Federal
submit to Congress each year, commencing
appropriated funds have been paid or will be
with submission of the President's Budget in
paid to any person for influencing or
1991, an evaluation of the compliance of
attempting to influence an officer or
that agency with, and the effectiveness of,
employee of any agency, a Member of
the requirements herein. The evaluation may
Congress, an officer or employee of
include any recommended changes that may
Congress, or an employee of a Member of
be necessary to strengthen or improve the
Congress in connection with this Federal
requirements.
contract, grant, loan, or cooperative
(b) In the case of an agency that does
agreement, the undersigned shall complete
not have an Inspector General, the agency
and submit Standard Form-LLL,
official comparable to an Inspector General
``Disclosure Form to Report Lobbying,'' in
shall prepare and submit the annual report,
accordance with its instructions.
or, if there is no such comparable official,
(3) The undersigned shall require that
the head of the agency shall prepare and
the language of this certification be included
submit the annual report.
in the award documents for all subawards at
(c) The annual report shall be submitted
all tiers (including subcontracts, subgrants,
at the same time the agency submits its
and contracts under grants, loans, and
annual budget justifications to Congress.
cooperative agreements) and that all
(d) The annual report shall include the
subrecipients shall certify and disclose
following: All alleged violations relating to
accordingly.
the agency's covered Federal actions during
This certification is a material
the year covered by the report, the actions
representation of fact upon which reliance
taken by the head of the agency in the year
was placed when this transaction was made
covered by the report with respect to those
or entered into. Submission of this
alleged violations and alleged violations in
certification is a prerequisite for making or
previous years, and the amounts of civil
entering into this transaction imposed by
penalties imposed by the agency in the year
section 1352, title 31, U.S. Code. Any
covered by the report.
person who fails to file the required
Appendix A to Part 87--Certification
certification shall be subject to a civil
Regarding Lobbying
penalty of not less than $10,000 and not
Certification for Contracts, Grants,
more than $100,000 for each such failure.
Loans, and Cooperative Agreements
Statement for Loan Guarantees and
The undersigned certifies, to the best of
Loan Insurance
his or her knowledge and belief, that:
The undersigned states, to the best of
(1) No Federal appropriated funds have
his or her knowledge and belief, that:
been paid or will be paid, by or on behalf of
If any funds have been paid or will be
the undersigned, to any person for
paid to any person for influencing or
24 CFR 135 Economic Opportunities For Low- And Very Low-Income Persons
attempting to influence an officer or
employee of any agency, a Member of
Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with this
24 CFR 135 Economic
commitment providing for the United States Opportunities For Low-
to insure or guarantee a loan, the And Very Low-Income
undersigned shall complete and submit
Standard Form-LLL, ``Disclosure Form to Persons
Report Lobbying,'' in accordance with its [Code of Federal Regulations]
instructions. [Title 24, Volume 1]
Submission of this statement is a [Revised as of April 1, 2004]
prerequisite for making or entering into this From the U.S. Government Printing
transaction imposed by section 1352, title Office via GPO Access
31, U.S. Code. Any person who fails to file [Page 708-726]
the required statement shall be subject to a TITLE 24--HOUSING AND URBAN
civil penalty of not less than $10,000 and DEVELOPMENT
not more than $100,000 for each such CHAPTER I--OFFICE OF
failure. {[[Page 538]]} ASSISTANT SECRETARY FOR EQUAL
Appendix B to Part 87--Disclosure OPPORTUNITY, DEPARTMENT OF
Form to Report Lobbying HOUSING AND URBAN
[GRAPHIC] [TIFF OMITTED] DEVELOPMENT
TC12OC91.004 PART 135_ECONOMIC
{[[Page 539]]} OPPORTUNITIES FOR LOW- AND
VERY LOW-INCOME PERSONS
[GRAPHIC] [TIFF OMITTED]
TC12OC91.005 Subpart A_General Provisions
{[[Page 540]]} 135.1 Purpose.
135.2 Effective date of regulation.
[GRAPHIC] [TIFF OMITTED] 135.3 Applicability.
TC12OC91.006 135.5 Definitions.
{[[Page 541]]} 135.7 Delegation of authority.
135.9 Requirements applicable to HUD
NOFAs for section 3 covered programs.
135.11 Other laws governing training,
employment, and contracting.
Subpart B_Economic Opportunities for

Section 3 Residents and Section 3 Business
Concerns
135.30 Numerical goals for meeting the
greatest extent feasible requirement.
135.32 Responsibilities of the recipient.
135.34 Preference for section 3
residents in training and employment
opportunities.
135.36 Preference for section 3
business concerns in contracting
opportunities.
135.38 Section 3 clause.

135.40 Providing other economic regulations, be directed to low- and very
opportunities. low-income persons, particularly those who
are recipients of government assistance for
Subpart C [Reserved] housing, and to business concerns which
provide economic opportunities to low- and
Subpart D_Complaint and Compliance very low-
Review income persons.
135.70 General. (b) Part 135. The purpose of this part is
135.72 Cooperation in achieving to establish the standards and procedures to
compliance. be followed to ensure that the objectives of
135.74 Section 3 compliance review section 3 are met.
procedures.
135.76 Filing and processing Sec. 135.2 Effective date of
complaints. regulation.
The regulations of this part will remain
Subpart E_Reporting and
in effect until the date the final rule adopting
Recordkeeping
the regulations of this part with or without
135.90 Reporting.
changes is published and becomes effective,
135.92 Recordkeeping and access to
at which point the final rule will remain in
records.
effect.
[60 FR 28326, May 31, 1995]
Appendix to Part 135
Authority: 12 U.S.C. 1701u; 42 U.S.C. Sec. 135.3 Applicability.

3535(d). (a) Section 3 covered assistance.
Source: 59 FR 33880, June 30, 1994, Section 3 applies to the following HUD
unless otherwise noted. assistance (section 3 covered assistance):
Effective Date Note: At 59 FR 33880, (1) Public and Indian housing
June 30, 1994, part 135 was revised assistance. Section 3 applies to training,
effective August 1, 1994 through June 30, employment, contracting and other
1995. At 60 FR 28325, May 31, 1995, the economic opportunities arising from the
effective period was extended until the final expenditure of the following public and
rule implementing changes made to section Indian housing assistance:
3 of the Housing and Urban Development (i) Development assistance provided
Act of 1968 by the Housing and Community pursuant to section 5 of the U.S. Housing
Development Act of 1992 is published and Act of 1937 (1937 Act);
becomes effective. (ii) Operating assistance provided
pursuant to section 9 of the 1937 Act; and
Subpart A_General {[[Page 709]]}
(iii) Modernization assistance provided
Provisions pursuant to section 14 of the 1937 Act;
(2) Housing and community
Sec. 135.1 Purpose. development assistance. Section 3 applies to
(a) Section 3. The purpose of section 3 training, employment, contracting and other
of the Housing and Urban Development Act economic opportunities arising in
of 1968 (12 U.S.C. 1701u) (section 3) is to connection with the expenditure of housing
ensure that employment and other economic assistance (including section 8 assistance,
opportunities generated by certain HUD and including other housing assistance not
financial assistance shall, to the greatest administered by the Assistant Secretary of
extent feasible, and consistent with existing Housing) and community development
Federal, State and local laws and
assistance that is used for the following (c) Applicability to Indian housing
projects; authorities and Indian tribes. Indian housing
(i) Housing rehabilitation (including authorities and tribes that receive HUD
reduction and abatement of lead-based paint assistance described in paragraph (a) of this
hazards, but excluding routine maintenance, section shall comply with the procedures
repair and replacement); and requirements of this part to the
(ii) Housing construction; and maximum extent consistent with, but not in
(iii) Other public construction. derogation of, compliance with section 7(b)
(3) Thresholds--(i) No thresholds for of the Indian Self-Determination and
section 3 covered public and Indian housing Education Assistance Act (25 U.S.C.
assistance. The requirements of this part 450e(b)). (See 24 CFR part 905.)
apply to section 3 covered assistance (d) Other HUD assistance and other
provided to recipients, notwithstanding the Federal assistance. Recipients, contractors
amount of the assistance provided to the and subcontractors that receive HUD
recipient. The requirements of this part assistance, not listed in paragraph (a) of this
apply to all contractors and subcontractors section, or other Federal assistance, are
performing work in connection with projects encouraged to provide, to the greatest extent
and activities funded by public and Indian feasible, training, employment, and
housing assistance covered by section 3, contracting opportunities generated by the
regardless of the amount of the contract or expenditure of this assistance to low- and
subcontract. very low-income persons, and business
(ii) Thresholds for section 3 covered concerns owned by low- and very low-
housing and community development income persons, or which employ low- and
assistance--(A) Recipient thresholds. The very low-income persons.
requirements of this part apply to recipients
of other housing and community Sec. 135.5 Definitions.
development program assistance for a The terms Department, HUD, Indian
section 3 covered project(s) for which the housing authority (IHA), Public housing
amount of the assistance exceeds $200,000. agency (PHA), and Secretary are defined in
(B) Contractor and subcontractor 24 CFR part 5.
thresholds. The requirements of this part Annual Contributions Contract (ACC)
apply to contractors and subcontractors means the contract under the U.S. Housing
performing work on section 3 covered Act of 1937 (1937 Act) between HUD and
project(s) for which the amount of the the PHA, or between HUD and the IHA, that
assistance exceeds $200,000; and the contains the terms and conditions under
contract or subcontract exceeds $100,000. which HUD assists the PHA or the IHA in
(C) Threshold met for recipients, but providing decent, safe, and sanitary housing
not contractors or subcontractors. If a for low income families. The ACC must be
recipient receives section 3 covered housing in a form prescribed by HUD under which
or community development assistance in HUD agrees to provide assistance in the
excess of $200,000, but no contract exceeds development, modernization and/or
$100,000, the section 3 preference operation of a low income housing project
requirements only apply to the recipient. under the 1937 Act, and the PHA or IHA
(b) Applicability of section 3 to entire agrees to develop, modernize and operate
project or activity funded with section 3 the project in compliance with all provisions
assistance. The requirements of this part of the {[[Page 710]]}
apply to the entire project or activity that is ACC and the 1937 Act, and all HUD
funded with section 3 covered assistance, regulations and implementing requirements
regardless of whether the section 3 activity and procedures. (The ACC is not a form of
is fully or partially funded with section 3 procurement contract.)
covered assistance.

Applicant means any entity which work write-ups; and jobs directly related to
makes an application for section 3 covered administrative support of these activities,
assistance, and includes, but is not limited e.g., construction manager, relocation
to, any State, unit of local government, specialist, payroll clerk, etc.
public housing agency, Indian housing Housing authority (HA) means,
authority, Indian tribe, or other public body, collectively, public housing agency and
public or private nonprofit organization, Indian housing authority.
private agency or institution, mortgagor, Housing and community development
developer, limited dividend sponsor, builder, assistance means any financial assistance
property manager, community housing provided or otherwise made available
development organization (CHDO), resident through a HUD housing or community
management corporation, resident council, development program through any grant,
or cooperative association. loan, loan guarantee, cooperative agreement,
Assistant Secretary means the Assistant or contract, and includes community
Secretary for Fair Housing and Equal development funds in the form of
Opportunity. community development block grants, and
Business concern means a business loans guaranteed under section 108 of the
entity formed in accordance with State law, Housing and Community Development Act
and which is licensed under State, county or of 1974, as amended. Housing and
municipal law to engage in the type of community development assistance does not
business activity for which it was formed. include financial assistance provided
Business concern that provides through a contract of insurance or guaranty.
economic opportunities for low- and very Housing development means low-
low-income persons. See definition of income housing owned, developed, or
``section 3 business concern'' in this section. operated by public housing agencies or
Contract. See the definition of ``section Indian housing authorities in accordance
3 covered contract'' in this section. with HUD's public and Indian housing
Contractor means any entity which program regulations codified in 24 CFR
contracts to perform work generated by the Chapter IX.
expenditure of section 3 covered assistance, HUD Youthbuild programs mean
or for work in connection with a section 3 programs that receive assistance under
covered project. subtitle D of Title IV of the National
Employment opportunities generated Affordable Housing Act, as amended by the
by section 3 covered assistance means all Housing and Community Development Act
employment opportunities generated by the of 1992 (42 U.S.C. 12899), and provide
expenditure of section 3 covered public and disadvantaged youth with opportunities for
Indian housing assistance (i.e., operating employment, education, leadership
assistance, development assistance and development, and training in the
modernization assistance, as described in construction or rehabilitation of housing for
SEC. 135.3(a)(1)). With respect to section 3 homeless individuals and members of low-
covered housing and community and very low-income families.
development assistance, this term means all Indian tribes shall have the meaning
employment opportunities arising in given this term in 24 CFR part 571.
connection with section 3 covered projects JTPA means the Job Training
(as described in SEC. 135.3(a)(2)), including Partnership Act (29 U.S.C. 1579(a)).
management and administrative jobs Low-income person. See the definition
connected with the section 3 covered of ``section 3 resident'' in this section.
project. Management and administrative Metropolitan area means a metropolitan
jobs include architectural, engineering or statistical area (MSA), as established by the
related professional services required to Office of Management and Budget.
prepare plans, drawings, specifications, or
Neighborhood area means: {[[Page (1) That is 51 percent or more owned
711]]} by section 3 residents; or
(1) For HUD housing programs, a (2) Whose permanent, full-time
geographical location within the jurisdiction employees include persons, at least 30
of a unit of general local government (but percent of whom are currently section 3
not the entire jurisdiction) designated in residents, or within three years of the date of
ordinances, or other local documents as a first employment with the business concern
neighborhood, village, or similar were section 3 residents; or
geographical designation. (3) That provides evidence of a
(2) For HUD community development commitment to subcontract in excess of 25
programs, see the definition, if provided, in percent of the dollar award of all
the regulations for the applicable community subcontracts to be awarded to business
development program, or the definition for concerns that meet the qualifications set
this term in 24 CFR 570.204(c)(1). forth in paragraphs (1) or (2) in this
New hires mean full-time employees definition of ``section 3 business concern.''
for permanent, temporary or seasonal Section 3 clause means the contract
employment opportunities. provisions set forth in SEC. 135.38.
Nonmetropolitan county means any Section 3 covered activity means any
county outside of a metropolitan area. activity which is funded by section 3
Other HUD programs means HUD covered assistance public and Indian
programs, other than HUD public and Indian housing assistance.
housing programs, that provide housing and Section 3 covered assistance means: (1)
community development assistance for Public and Indian housing development
``section 3 covered projects,'' as defined in assistance provided pursuant to section 5 of
this section. the 1937 Act;
Public housing resident has the (2) Public and Indian housing operating
meaning given this term in 24 CFR part 963. assistance provided pursuant to section 9 of
Recipient means any entity which the 1937 Act;
receives section 3 covered assistance, (3) Public and Indian housing
directly from HUD or from another recipient modernization assistance provided pursuant
and includes, but is not limited to, any State, to section 14 of the 1937 Act;
unit of local government, PHA, IHA, Indian (4) Assistance provided under any
tribe, or other public body, public or private HUD housing or community development
nonprofit organization, private agency or program that is expended for work arising in
institution, mortgagor, developer, limited connection with:
dividend sponsor, builder, property (i) Housing rehabilitation (including
manager, community housing development reduction and abatement of lead-based paint
organization, resident management hazards, but excluding routine maintenance,
corporation, resident council, or cooperative repair and replacement);
association. Recipient also includes any (ii) Housing construction; or
successor, assignee or transferee of any such (iii) Other public construction project
entity, but does not include any ultimate (which includes other buildings or
beneficiary under the HUD program to improvements, regardless of ownership).
which section 3 applies and does not include Section 3 covered contract means a
contractors. contract or subcontract (including a
Section 3 means section 3 of the professional service contract) awarded by a
Housing and Urban Development Act of recipient or contractor for work generated by
1968, as amended (12 U.S.C. 1701u). the expenditure of section 3 covered
Section 3 business concern means a assistance, or for work arising in connection
business concern, as defined in this section-- with a section 3 covered project. ``Section 3
covered contracts'' do not include contracts

awarded under HUD's procurement of the 1937 Act (42 U.S.C. 1437a(b)(2))
program, which are governed by the Federal defines this term to mean families (including
Acquisition Regulation System (see 48 CFR, single persons) whose incomes do not
Chapter 1). ``Section 3 covered contracts'' exceed 50 per centum of the median family
also do not include contracts for the income for the area, as determined by the
purchase of supplies and materials. Secretary with adjustments for smaller and
However, whenever a contract for materials larger families, except that the Secretary
includes the installation of the materials, the may establish income ceilings higher or
contract constitutes a section 3 covered lower than 50 per centum of the median for
contract. For example, a contract for the the area on the basis of the Secretary's
{[[Page 712]]} findings that such variations are necessary
purchase and installation of a furnace because of unusually high or low family
would be a section 3 covered contract incomes.
because the contract is for work (i.e., the (3) A person seeking the training and
installation of the furnace) and thus is employment preference provided by section
covered by section 3. 3 bears the responsibility of providing
Section 3 covered project means the evidence (if requested) that the person is
construction, reconstruction, conversion or eligible for the preference.
rehabilitation of housing (including Section 8 assistance means assistance
reduction and abatement of lead-based paint provided under section 8 of the 1937 Act (42
hazards), other public construction which U.S.C. 1437f) pursuant to 24 CFR part 882,
includes buildings or improvements subpart G.
(regardless of ownership) assisted with Service area means the geographical
housing or community development area in which the persons benefitting from
assistance. the section 3 covered project reside. The
Section 3 joint venture. See SEC. service area shall not extend beyond the unit
135.40. Section 3 resident means: (1) A of general local government in which the
public housing resident; or section 3 covered assistance is expended. In
(2) An individual who resides in the HUD's Indian housing programs, the service
metropolitan area or nonmetropolitan county area, for IHAs established by an Indian tribe
in which the section 3 covered assistance is as a result of the exercise of the tribe's
expended, and who is: sovereign power, is limited to the area of
(i) A low-income person, as this term is tribal jurisdiction.
defined in section 3(b)(2) of the 1937 Act Subcontractor means any entity (other
(42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of than a person who is an employee of the
the 1937 Act defines this term to mean contractor) which has a contract with a
families (including single persons) whose contractor to undertake a portion of the
incomes do not exceed 80 per centum of the contractor's obligation for the performance
median income for the area, as determined of work generated by the expenditure of
by the Secretary, with adjustments for section 3 covered assistance, or arising in
smaller and larger families, except that the connection with a section 3 covered project.
Secretary may establish income ceilings Very low-income person. See the
higher or lower than 80 per centum of the definition of ``section 3 resident'' in this
median for the area on the basis of the section.
Secretary's findings that such variations are Youthbuild programs. See the
necessary because of prevailing levels of definition of ``HUD Youthbuild programs''
construction costs or unusually high or low- in this section.
income families; or [59 FR 33880, June 30, 1994, as
(ii) A very low-income person, as this amended at 61 FR 5206, Feb. 9, 1996]
term is defined in section 3(b)(2) of the 1937
Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2)
Sec. 135.7 Delegation of Federal, State and local laws and
authority. regulations, job training, employment,
contracting and other economic
Except as may be otherwise provided in opportunities to section 3 residents and
this part, the functions and responsibilities section 3 business concerns.
of the Secretary under section 3, and (2) For competitively awarded
described in this part, are delegated to the assistance involving housing rehabilitation,
Assistant Secretary for Fair Housing and construction or other public construction,
Equal Opportunity. The Assistant Secretary where the amount awarded to the applicant
is further authorized to redelegate functions may exceed $200,000, the NOFA must
and responsibilities to other employees of include a statement that one of the purposes
HUD; provided however, that the authority of the assistance is to give, to the greatest
to issue rules and regulations under this part, extent feasible, and consistent with existing
which authority is delegated to the Assistant Federal, State and local laws and
Secretary, may not be redelegated by the regulations, job training, employment,
Assistant Secretary. {[[Page 713]]} contracting and other economic
opportunities to section 3 residents and
Sec. 135.9 Requirements section 3 business concerns.
applicable to HUD NOFAs for (c) Section 3 as NOFA evaluation
section 3 covered programs. criteria. Where not otherwise precluded by
(a) Certification of compliance with statute, in the evaluation of applications for
part 135. All notices of funding availability the award of assistance, consideration shall
(NOFAs) issued by HUD that announce the be given to the extent to which an applicant
availability of funding covered by section 3 has demonstrated that it will train and
shall include a provision in the NOFA that employ section 3 residents and contract with
notifies applicants that section 3 and the section 3 business concerns for economic
regulations in part 135 are applicable to opportunities generated in connection with
funding awards made under the NOFA. the assisted project or activity. The
Additionally the NOFA shall require as an evaluation criteria to be utilized, and the
application submission requirement (which rating points to be assigned, will be
may be specified in the NOFA or specified in the NOFA.
application kit) a certification by the
applicant that the applicant will comply with Sec. 135.11 Other laws
the regulations in part 135. (For PHAs, this governing training,
requirement will be met where a PHA employment, and contracting.
Resolution in Support of the Application is Other laws and requirements that are
submitted.) With respect to application applicable or may be applicable to the
evaluation, HUD will accept an applicant's economic opportunities generated from the
certification unless there is evidence expenditure of section 3 covered assistance
substantially challenging the certification. include, but are not necessarily limited to
(b) Statement of purpose in NOFAs. (1) those listed in this section.
For competitively awarded assistance in (a) Procurement standards for States
which the grants are for activities and local governments (24 CFR 85.36)--(1)
administered by an HA, and those activities General. Nothing in this part 135 prescribes
are anticipated to generate significant specific methods of procurement. However,
training, employment or contracting neither section 3 nor the requirements of this
opportunities, the NOFA must include a part 135 supersede the general requirement
statement that one of the purposes of the of 24 CFR 85.36(c) that all procurement
assistance is to give to the greatest extent transactions be conducted in a competitive
feasible, and consistent with existing manner. Consistent with 24 CFR

85.36(c)(2), section 3 is a Federal statute ratios of apprentices or trainees to
that expressly encourages, to the maximum journeymen set out in `àpproved
extent feasible, a geographic preference in apprenticeship and training programs,'' as
the evaluation of bids or proposals. described in paragraph (d) of this section.
(2) Flexible Subsidy Program. (d) Approved apprenticeship and
Multifamily project mortgagors in the trainee programs. Certain apprenticeship and
Flexible Subsidy Program are not required trainee programs have been approved by
to utilize the methods of procurement in 24 various Federal agencies. Approved
CFR 85.36(d), and are not permitted to apprenticeship and trainee programs include:
utilize methods of procurement that would an apprenticeship program approved by the
result in their award of a contract to a Bureau of Apprenticeship and Training of
business concern that submits a bid higher the Department of Labor, or a State
than the lowest responsive bid. A Apprenticeship Agency, or an on-the-job
multifamily project mortgagor, however, training program approved by the Bureau of
must ensure that, to the greatest extent Apprenticeship and Training, in accordance
feasible, the procurement practices it selects with the regulations at 29 CFR part 5; or a
provide preference to section 3 business training program approved by HUD in
concerns. accordance with HUD policies and
(b) Procurement standards for other guidelines, as applicable. Participation in an
recipients (OMB Circular No. A- approved apprenticeship program does not,
110). Nothing in this part prescribes in and of itself, demonstrate compliance
specific methods of procurement for grants with the regulations of this part.
and other agreements with institutions of (e) Compliance with Executive Order
higher education, hospitals, and other 11246. Certain contractors covered by this
nonprofit organizations. Consistent with the part are subject to compliance with
requirements set forth in OMB Circular No. Executive Order 11246, as amended by
A-110, section 3 is a {[[Page 714]]} Executive Order 12086, and the Department
Federal statute that expressly of Labor regulations issued pursuant thereto
encourages a geographic preference in the (41 CFR chapter 60) which provide that no
evaluation of bids or proposals. person shall be discriminated against on the
(c) Federal labor standards provisions. basis of race, color, religion, sex, or national
Certain construction contracts are subject to origin in all phases of employment during
compliance with the requirement to pay the performance of Federal or Federally
prevailing wages determined under Davis- assisted construction contracts.
Bacon Act (40 U.S.C. 276a--276a-
7) and implementing U.S. Department Subpart B_Economic
of Labor regulations in 29 CFR part 5.
Additionally, certain HUD-assisted
Opportunities for Section 3
rehabilitation and maintenance activities on Residents and Section 3
public and Indian housing developments are Business Concerns
subject to compliance with the requirement
to pay prevailing wage rates, as determined Sec. 135.30 Numerical goals for
or adopted by HUD, to laborers and meeting the greatest extent
mechanics employed in this work.
Apprentices and trainees may be utilized on
feasible requirement.
this work only to the extent permitted under (a) General. (1) Recipients and covered
either Department of Labor regulations at 29 contractors may demonstrate compliance
CFR part 5 or for work subject to HUD- with the ``greatest extent feasible''
determined prevailing wage rates, HUD requirement of section 3 by meeting the
policies and guidelines. These requirements numerical goals set forth in this section for
include adherence to the wage rates and providing training, employment, and
contracting opportunities to section 3 subcontract awards do not meet the
residents and section 3 business concerns. threshold specified in SEC. 135.3(a)(3))
(2) The goals established in this section may demonstrate compliance with this part
apply to the entire amount of section 3 by committing to employ section 3 residents
covered assistance awarded to a recipient in as 10 percent of the aggregate number of
any Federal Fiscal Year (FY), commencing new hires for each year over the duration of
with the first FY following the effective date the section 3 project;
of this rule. (ii) Where a managing general partner
(3) For recipients that do not engage in or management agent is affiliated, in a given
training, or hiring, but award contracts to metropolitan area, with recipients of section
contractors that will engage in training, 3 covered housing assistance, for an
hiring, and subcontracting, recipients must aggregate of 500 or more units in any fiscal
ensure that, to the greatest extent feasible, year, the managing partner or management
contractors will provide training, agent may demonstrate compliance with this
employment, and contracting opportunities part by committing to employ section 3
to section 3 residents and section 3 business residents as:
concerns. (A) 10 percent of the aggregate number
(4) The numerical goals established in of new hires for the one year period
this section represent minimum numerical beginning in FY 1995;
targets. (B) 20 percent of the aggregate number
(b) Training and employment. The of new hires for the one year period
numerical goals set forth in paragraph (b) of beginning in FY 1996;
this section apply to new hires. The (C) 30 percent of the aggregate number
numerical goals reflect the aggregate hires. of new hires for the one year period
Efforts to employ section 3 residents, to the beginning in FY 1997, and continuing
greatest extent feasible, should be made at thereafter.
all job levels. (3) Recipients of section 3 covered
(1) Numerical goals for section 3 community development assistance, and
covered public and Indian housing their contractors and subcontractors (unless
programs. Recipients of section 3 covered the contract or subcontract awards do not
public and Indian housing assistance (as meet the threshold specified in SEC.
described in SEC. 135.5) and their 135.3(a)(3)) may demonstrate compliance
contractors and subcontractors may with the requirements of this part by
demonstrate compliance with this part by committing to employ section 3 residents as:
committing to employ section 3 residents as: (i) 10 percent of the aggregate number
{[[Page 715]]} of new hires for the one year period
(i) 10 percent of the aggregate number beginning in FY 1995;
of new hires for the one year period (ii) 20 percent of the aggregate number
beginning in FY 1995; of new hires for the one year period
(ii) 20 percent of the aggregate number beginning in FY 1996; and
of new hires for the one period beginning in (iii) 30 percent of the aggregate number
FY 1996; of new hires for the one year period
(iii) 30 percent of the aggregate number beginning in FY 1997 and continuing
of new hires for one year period beginning thereafter.
in FY 1997 and continuing thereafter. (c) Contracts. Numerical goals set forth
(2) Numerical goals for other HUD in paragraph (c) of this section apply to
programs covered by section 3. (i) contracts awarded in connection with all
Recipients of section 3 covered housing section 3 covered projects and section 3
assistance provided under other HUD covered activities. Each recipient and
programs, and their contractors and contractor and subcontractor (unless the
subcontractors (unless the contract or contract or subcontract awards do not meet

the threshold specified in SEC. 135.3(a)(3)) business concerns about contracting
may demonstrate compliance with the opportunities generated by section 3 covered
requirements of this part by committing to assistance;
award to section 3 business concerns: (b) Notifying potential contractors for
(1) At least 10 percent of the total section 3 covered projects of the
dollar amount of all section 3 covered requirements of this part, and incorporating
contracts for building trades work for the section 3 clause set forth in SEC. 135.38
maintenance, repair, modernization or in all solicitations and contracts.
development of public or Indian housing, or (c) Facilitating the training and
for building trades work arising in employment of section 3 residents and the
connection with housing rehabilitation, award of contracts to section 3 business
housing construction and other public concerns by undertaking activities such as
construction; and described in the Appendix to this part, as
(2) At least three (3) percent of the total appropriate, to reach the goals set forth in
dollar amount of all other section 3 covered SEC. 135.30. Recipients, at their own
contracts. discretion, may establish reasonable
(d) Safe harbor and compliance numerical goals for the training and
determinations. (1) In the absence of employment of section 3 residents and
evidence to the contrary, a recipient that contract award to section 3 business
meets the minimum numerical goals set concerns that exceed those specified in SEC.
forth in this section will be considered to 135.30;
have complied with the section 3 preference (d) Assisting and actively cooperating
requirements. with the Assistant Secretary in obtaining the
(2) In evaluating compliance under compliance of contractors and
subpart D of this part, a recipient that has subcontractors with the requirements of this
not met the numerical goals set forth in this part, and refraining from entering into any
section has the burden of demonstrating why contract with any contractor where the
it was not feasible to meet the numerical recipient has notice or knowledge that the
goals set forth in this section. Such contractor has been found in violation of the
justification may include impediments regulations in 24 CFR part 135.
encountered despite actions taken. A (e) Documenting actions taken to
recipient or contractor also can indicate comply with the requirements of this part,
other economic opportunities, such as those the results of actions taken and
listed in SEC. 135.40, which were provided impediments, if any.
in its efforts to comply with section 3 and (f) A State or county which distributes
the requirements of this part. funds for section 3 covered assistance to
units of local governments, to the greatest
Sec. 135.32 Responsibilities of extent feasible, must attempt to reach the
the recipient. numerical goals set forth in 135.30
regardless of the number of local
Each recipient has the responsibility to
governments receiving funds from the
comply with section 3 in its own operations,
section 3 covered assistance which meet the
and ensure compliance in the {[[Page
thresholds for applicability set forth at
716]]}
135.3. The State or county must inform units
operations of its contractors and
of local government to whom funds are
subcontractors. This responsibility includes
distributed of the requirements of this part;
but may not be necessarily limited to:
assist local governments and their
(a) Implementing procedures designed
contractors in meeting the requirements and
to notify section 3 residents about training
objectives of this part; and monitor the
and employment opportunities generated by
performance of local governments with
section 3 covered assistance and section 3
respect to the objectives and requirements of Homeless Assistance Act (42 U.S.C. 11301
this part. et seq.), homeless persons residing in the
service area or neighborhood in which the
Sec. 135.34 Preference for section 3 covered project is located shall be
section 3 residents in training given the highest priority; {[[Page 717]]}
(iv) Other section 3 residents.
and employment opportunities.
(3) Recipients of housing assistance
(a) Order of providing preference. programs administered by the Assistant
Recipients, contractors and subcontractors Secretary for Housing may, at their own
shall direct their efforts to provide, to the discretion, provide preference to residents of
greatest extent feasible, training and the housing development receiving the
employment opportunities generated from section 3 covered assistance within the
the expenditure of section 3 covered service area or neighborhood where the
assistance to section 3 residents in the order section 3 covered project is located.
of priority provided in paragraph (a) of this (4) Recipients of community
section. development programs may, at their own
(1) Public and Indian housing discretion, provide priority to recipients of
programs. In public and Indian housing government assistance for housing,
programs, efforts shall be directed to including recipients of certificates or
provide training and employment vouchers under the Section 8 housing
opportunities to section 3 residents in the assistance program, within the service area
following order of priority: or neighborhood where the section 3
(i) Residents of the housing covered project is located.
development or developments for which the (b) Eligibility for preference. A section
section 3 covered assistance is expended 3 resident seeking the preference in training
(category 1 residents); and employment provided by this part shall
(ii) Residents of other housing certify, or submit evidence to the recipient
developments managed by the HA that is contractor or subcontractor, if requested,
expending the section 3 covered housing that the person is a section 3 resident, as
assistance (category 2 residents); defined in SEC. 135.5. (An example of
(iii) Participants in HUD Youthbuild evidence of eligibility for the preference is
programs being carried out in the evidence of receipt of public assistance, or
metropolitan area (or nonmetropolitan evidence of participation in a public
county) in which the section 3 covered assistance program.)
assistance is expended (category 3 (c) Eligibility for employment. Nothing
residents); in this part shall be construed to require the
(iv) Other section 3 residents. employment of a section 3 resident who
(2) Housing and community does not meet the qualifications of the
development programs. In housing and position to be filled.
community development programs, priority
consideration shall be given, where feasible, Sec. 135.36 Preference for
to:
(i) Section 3 residents residing in the
section 3 business concerns in
service area or neighborhood in which the contracting opportunities.
section 3 covered project is located (a) Order of providing preference.
(collectively, referred to as category 1 Recipients, contractors and subcontractors
residents); and shall direct their efforts to award section 3
(ii) Participants in HUD Youthbuild covered contracts, to the greatest extent
programs (category 2 residents). feasible, to section 3 business concerns in
(iii) Where the section 3 project is the order of priority provided in paragraph
assisted under the Stewart B. McKinney (a) of this section.

(1) Public and Indian housing (b) Eligibility for preference. A
programs. In public and Indian housing business concern seeking to qualify for a
programs, efforts shall be directed to award section 3 contracting preference shall certify
contracts to section 3 business concerns in or submit evidence, if requested, that the
the following order of priority: business concern is a section 3 business
(i) Business concerns that are 51 concern as defined in SEC. 135.5.
percent or more owned by residents of the (c) Ability to complete contract. A
housing development or developments for section 3 business concern seeking a
which the section 3 covered assistance is contract or a subcontract shall submit
expended, or whose full-time, permanent evidence to the recipient, contractor, or
workforce includes 30 percent of these subcontractor (as applicable), if requested,
persons as employees (category 1 sufficient to demonstrate to the satisfaction
businesses); of the party awarding the contract that the
(ii) Business concerns that are 51 business concern is responsible and has the
percent or more owned by residents of other ability to {[[Page 718]]}
housing developments or developments perform successfully under the terms
managed by the HA that is expending the and conditions of the proposed contract.
section 3 covered assistance, or whose full- (The ability to perform successfully under
time, permanent workforce includes 30 the terms and conditions of the proposed
percent of these persons as employees contract is required of all contractors and
(category 2 businesses); or subcontractors subject to the procurement
(iii) HUD Youthbuild programs being standards of 24 CFR 85.36 (see 24 CFR
carried out in the metropolitan area (or 85.36(b)(8)).) This regulation requires
nonmetropolitan county) in which the consideration of, among other factors, the
section 3 covered assistance is expended potential contractor's record in complying
(category 3 businesses). with public policy requirements. Section 3
(iv) Business concerns that are 51 compliance is a matter properly considered
percent or more owned by section 3 as part of this determination.
residents, or whose permanent, full-time
workforce includes no less than 30 percent Sec. 135.38 Section 3 clause.
section 3 residents (category 4 businesses), All section 3 covered contracts shall
or that subcontract in excess of 25 percent of include the following clause (referred to as
the total amount of subcontracts to business the section 3 clause):
concerns identified in paragraphs (a)(1)(i) A. The work to be performed under this
and (a)(1)(ii) of this section. contract is subject to the requirements of
(2) Housing and community section 3 of the Housing and Urban
development programs. In housing and Development Act of 1968, as amended, 12
community development programs, priority U.S.C. 1701u (section 3). The purpose of
consideration shall be given, where feasible, section 3 is to ensure that employment and
to: other economic opportunities generated by
(i) Section 3 business concerns that HUD assistance or HUD-assisted projects
provide economic opportunities for section 3 covered by section 3, shall, to the greatest
residents in the service area or neighborhood extent feasible, be directed to low- and very
in which the section 3 covered project is low-income persons, particularly persons
located (category 1 businesses); and who are recipients of HUD assistance for
(ii) Applicants (as this term is defined housing.
in 42 U.S.C. 12899) selected to carry out B. The parties to this contract agree to
HUD Youthbuild programs (category 2 comply with HUD's regulations in 24 CFR
businesses); part 135, which implement section 3. As
(iii) Other section 3 business concerns. evidenced by their execution of this
contract, the parties to this contract certify default, and debarment or suspension from
that they are under no contractual or other future HUD assisted contracts.
impediment that would prevent them from G. With respect to work performed in
complying with the part 135 regulations. connection with section 3 covered Indian
C. The contractor agrees to send to housing assistance, section 7(b) of the
each labor organization or representative of Indian Self-
workers with which the contractor has a Determination and Education
collective bargaining agreement or other Assistance Act (25 U.S.C. 450e) also applies
understanding, if any, a notice advising the to the work to be performed under this
labor organization or workers' representative contract. Section 7(b) requires that to the
of the contractor's commitments under this greatest extent feasible (i) preference and
section 3 clause, and will post copies of the opportunities for training and employment
notice in conspicuous places at the work site shall be given to Indians, and (ii) preference
where both employees and applicants for in the award of contracts and subcontracts
training and employment positions can see shall be given to Indian organizations and
the notice. The notice shall describe the Indian-owned Economic Enterprises. Parties
section 3 preference, shall set forth to this contract that are subject to the
minimum number and job titles subject to provisions of section 3 and section 7(b)
hire, availability of apprenticeship and agree to comply with section 3 to the
training positions, the qualifications for maximum extent feasible, but not in
each; and the name and location of the derogation of compliance with section 7(b).
person(s) taking applications for each of the
positions; and the anticipated date the work Sec. 135.40 Providing other
shall begin. economic opportunities.
D. The contractor agrees to include this
(a) General. In accordance with the
section 3 clause in every subcontract subject
findings of the Congress, as stated in section
to compliance with regulations in 24 CFR
3, that other economic opportunities offer an
part 135, and agrees to take appropriate
effective means of empowering low-income
action, as provided in an applicable
persons, a recipient is encouraged to
provision of the subcontract or in this
undertake efforts to provide to low-income
section 3 clause, upon a finding that the
persons economic opportunities other than
subcontractor is in violation of the
training, employment, and contract awards,
regulations in 24 CFR part 135. The
in connection with section 3 covered
contractor will not subcontract with any
assistance.
subcontractor where the contractor has
(b) Other training and employment
notice or knowledge that the subcontractor
related opportunities. Other economic
has been found in violation of the
opportunities to train and employ section 3
regulations in 24 CFR part 135.
residents include, but need not be limited to,
E. The contractor will certify that any
use of `ùpward mobility'', ``bridge'' and
vacant employment positions, including
trainee positions to fill vacancies; hiring
training positions, that are filled (1) after the
section 3 residents in {[[Page 719]]}
contractor is selected but before the contract
management and maintenance positions
is executed, and (2) with persons other than
within other housing developments; and
those to whom the regulations of 24 CFR
hiring section 3 residents in part-time
part 135 require employment opportunities
positions.
to be directed, were not filled to circumvent
(c) Other business related economic
the contractor's obligations under 24 CFR
opportunities. (l) A recipient or contractor
part 135.
may provide economic opportunities to
F. Noncompliance with HUD's
establish, stabilize or expand section 3
regulations in 24 CFR part 135 may result in
business concerns, including micro-
sanctions, termination of this contract for

enterprises. Such opportunities include, but (b) Definitions. For purposes of this
are not limited to the formation of section 3 subpart:
joint ventures, financial support for (1) Complaint means an allegation of
affiliating with franchise development, use noncompliance with regulations of this part
of labor only contracts for building trades, made in the form described in SEC.
purchase of supplies and materials from 135.76(d).
housing authority resident-owned (2) Complainant means the party which
businesses, purchase of materials and files a complaint with the Assistant
supplies from PHA resident-owned Secretary alleging that a recipient or
businesses and use of procedures under 24 contractor has failed or refused to comply
CFR part 963 regarding HA contracts to HA with the regulations in this part.
resident-owned businesses. A recipient or (3) Noncompliance with section 3
contractor may employ these methods means failure by a recipient or contractor to
directly or may provide incentives to non- comply with the requirements of this part.
section 3 businesses to utilize such methods (4) Respondent means the recipient or
to provide other economic opportunities to contractor against which a complaint of
low-income persons. noncompliance has been filed. The term
(2) A section 3 joint venture means an ``recipient'' shall have the meaning set forth
association of business concerns, one of in SEC. 135.7, which includes PHA and
which qualifies as a section 3 business IHA.
concern, formed by written joint venture
agreement to engage in and carry out a Sec. 135.72 Cooperation in
specific business venture for which purpose achieving compliance.
the business concerns combine their efforts,
(a) The Assistant Secretary recognizes
resources, and skills for joint profit, but not
that the success of ensuring that section 3
necessarily on a continuing or permanent
residents and section 3 business concerns
basis for conducting business generally, and
have the opportunity to apply for jobs and to
for which the section 3 business concern:
bid for contracts generated by covered HUD
(i) Is responsible for a clearly defined
financial assistance depends upon the
portion of the work to be performed and
cooperation and assistance of HUD
holds management responsibilities in the
recipients and their contractors and
joint venture; and
subcontractors. All recipients shall
(ii) Performs at least 25 percent of the
cooperate fully and promptly with the
work and is contractually entitled to
Assistant Secretary in section 3 compliance
compensation proportionate to its work.
reviews, in investigations of allegations of
noncompliance made under SEC. 135.76,
Subpart C [Reserved] and with the distribution and collection of
data and information that the Assistant
Subpart D_Complaint and Secretary may require in connection with
Compliance Review achieving the economic objectives of section
3.
Sec. 135.70 General. (b) The recipient shall refrain from
entering into a contract with any contractor
(a) Purpose. The purpose of this subpart
after notification to the recipient by HUD
is to establish the procedures for handling
that the contractor has been found in
complaints alleging noncompliance with the
violation of the regulations in this part. The
regulations of this part, and the procedures
provisions of 24 CFR part 24 apply to the
governing the Assistant Secretary's review
employment, engagement of services,
of a recipient's or contractor's compliance
awarding of contracts or funding of any
with the regulations in this part.
contractors or subcontractors during any regulations governing the HUD program
period of {[[Page 720]]} under which HUD financial assistance is
debarment, suspension or otherwise provided. HUD will notify the recipient of
ineligible status. any continuing failure or refusal by the
contractor to comply with the regulations in
Sec. 135.74 Section 3 this part for possible action under any
compliance review procedures. procurement contract between the recipient
and the contractor. Debarment, suspension
(a) Compliance reviews by Assistant
and limited denial of participation pursuant
Secretary. The Assistant Secretary shall
to HUD's regulations in 24 CFR part 24,
periodically conduct section 3 compliance
where appropriate, may be applied to the
reviews of selected recipients and
recipient or the contractor.
contractors to determine whether these
(e) Conducting compliance review
recipients are in compliance with the
before the award of assistance. Section 3
regulations in this part.
compliance reviews may be conducted
(b) Form of compliance review. A
before the award of contracts, and especially
section 3 compliance review shall consist of
where the Assistant Secretary has reasonable
a comprehensive analysis and evaluation of
grounds to believe that the recipient or
the recipient's or contractor's compliance
contractor will be unable or unwilling to
with the requirements and obligations
comply with the regulations in this part.
imposed by the regulations of this part,
(f) Consideration of complaints during
including an analysis of the extent to which
compliance review. Complaints alleging
section 3 residents have been hired and
noncompliance with section 3, as provided
section 3 business concerns have been
in SEC. 135.76, may also be considered
awarded contracts as a result of the methods
during any compliance review conducted to
undertaken by the recipient to achieve the
determine the recipient's conformance with
employment, contracting and other
regulations in this part.
economic objectives of section 3.
(c) Where compliance review reveals
noncompliance with section 3 by recipient
Sec. 135.76 Filing and
or contractor. Where the section 3 processing complaints.
compliance review reveals that a recipient or (a) Who may file a complaint. The
contractor has not complied with section 3, following individuals and business concerns
the Assistant Secretary shall notify the may, personally or through an authorized
recipient or contractor of its specific representative, file with the Assistant
deficiencies in compliance with the Secretary a complaint alleging
regulations of this part, and shall advise the noncompliance with section 3:
recipient or contractor of the means by (1) Any section 3 resident on behalf of
which these deficiencies may be corrected. himself or herself, or as a representative of
HUD shall conduct a follow-up review with persons similarly situated, seeking
the recipient or contractor to ensure that employment, training or other economic
action is being taken to correct the opportunities generated from the
deficiencies. expenditure of section 3 covered assistance
(d) Continuing noncompliance by with a recipient or contractor, or by a
recipient or contractor. A continuing failure representative who is not a section 3 resident
or refusal by the recipient or contractor to but who represents one or more section 3
comply with the regulations in this part may residents;
result in the application of sanctions (2) Any section 3 business concern on
specified in the contract through which behalf of itself, or as a representative of
HUD assistance is provided, or the other section 3 business concerns similarly
application of sanctions specified in the situated, seeking contract opportunities

generated from the expenditure of section 3 and send the form to the complainant for
covered assistance from a recipient or signature.
contractor, or by an individual representative (2) Amendment of complaint.
of section 3 business concerns. Complaints may be reasonably and fairly
(b) Where to file a complaint. A amended at any time. Such amendments
complaint must be filed with the Assistant may include, but are not limited to,
Secretary for Fair Housing and Equal amendments to cure, technical defects or
Opportunity, Department of Housing and omissions, including failure to sign or affirm
Urban Development, Washington, DC, a complaint, to clarify or amplify the
20410. allegations in a complaint, or to join
(c) Time of filing. (1) A complaint additional or substitute respondents. Except
must be received not later than 180 days for the purposes of notifying respondents,
from the date of the action or omission upon amended complaints will be considered as
which the complaint is {[[Page 721]]} having been made as of the original filing
based, unless the time for filing is date.
extended by the Assistant Secretary for good (e) Resolution of complaint by
cause shown. recipient. (1) Within ten (10) days of timely
(2) Where a complaint alleges filing of a complaint that contains complete
noncompliance with section 3 and the information (in accordance with paragraphs
regulations of this part that is continuing, as (c) and (d) of this section), the Assistant
manifested in a number of incidents of Secretary shall determine whether the
noncompliance, the complaint will be timely complainant alleges an action or omission
if filed within 180 days of the last alleged by a recipient or the recipient's contractor
occurrence of noncompliance. that if proven qualifies as noncompliance
(3) Where a complaint contains with section 3. If a determination is made
incomplete information, the Assistant that there is an allegation of noncompliance
Secretary shall request the needed with section 3, the complaint shall be sent to
information from the complainant. In the the recipient for resolution.
event this information is not furnished to the (2) If the recipient believes that the
Assistant Secretary within sixty (60) days of complaint lacks merit, the recipient must
the date of the request, the complaint may be notify the Assistant Secretary in writing of
closed. this recommendation with supporting
(d) Contents of complaint--(1) Written reasons, within 30 days of the date of receipt
complaints. Each complaint must be in of the complaint. The determination that a
writing, signed by the complainant, and complaint lacks merit is reserved to the
include: Assistant Secretary.
(i) The complainant's name and (3) If the recipient determines that there
address; is merit to the complaint, the recipient will
(ii) The name and address of the have sixty (60) days from the date of receipt
respondent; of the complaint to resolve the matter with
(iii) A description of the acts or the complainant. At the expiration of the 60-
omissions by the respondent that is day period, the recipient must notify the
sufficient to inform the Assistant Secretary Assistant Secretary in writing whether a
of the nature and date of the alleged resolution of the complaint has been
noncompliance. reached. If resolution has been reached, the
(iv) A complainant may provide notification must be signed by both the
information to be contained in a complaint recipient and the complainant, and must
by telephone to HUD or any HUD Field summarize the terms of the resolution
Office, and HUD will reduce the reached between the two parties.
information provided by telephone to (4) Any request for an extension of the
writing on the prescribed complaint form 60-day period by the recipient must be
submitted in writing to the Assistant party appeals the resolution before the
Secretary, and must include a statement expiration of the 15 days. Any appeal shall
explaining the need for the extension. be in writing to the Secretary and shall
(5) If the recipient is unable to resolve include the basis for the appeal.
the complaint within the 60-day period (or (g) Sanctions. Sanctions that may be
more if extended by the Assistant imposed on recipients that fail to comply
Secretary), the complaint shall be referred to with the regulations of this part include
the Assistant Secretary for handling. debarment, suspension and limited denial of
(f) Informal resolution of complaint by participation in HUD programs.
Assistant Secretary--(1) Dismissal of (h) Investigation of complaint. The
complaint. Upon receipt of the recipient's Assistant Secretary reserves the right to
written recommendation that there is no investigate a complaint directly when, in the
merit to the complaint, or upon failure of the Assistant Secretary's discretion, the
recipient and complainant to reach investigation would further the purposes of
resolution, the Assistant Secretary shall section 3 and this part.
review the complaint to determine whether it (i) Intimidatory or retaliatory acts
presents a valid allegation of noncompliance prohibited. No recipient or other person
with section 3. The Assistant Secretary may shall intimidate, threaten, coerce, or
conduct further investigation if deemed discriminate against any person or business
necessary. Where the complaint fails to because the person or business has made a
present a valid allegation of noncompliance complaint, testified, assisted or participated
with section 3, {[[Page 722]]} in any manner in an investigation,
the Assistant Secretary will dismiss the proceeding, or hearing under this part. The
complaint without further action. The identity of complainants shall be kept
Assistant Secretary shall notify the confidential except to the extent necessary to
complainant of the dismissal of the carry out the purposes of this part, including
complaint and the reasons for the dismissal. the conduct of any investigation, hearing or
(2) Informal resolution. Where the judicial proceeding arising thereunder.
allegations in a complaint on their face, or as (j) Judicial relief. Nothing in this
amplified by the statements of the subpart D precludes a section 3 resident or
complainant, present a valid allegation of section 3 business concerning from
noncompliance with section 3, the Assistant exercising the right, which may otherwise be
Secretary will attempt, through informal available, to seek redress directly through
methods, to obtain a voluntary and just judicial procedures.
resolution of the complaint. Where attempts (Approved by the Office of
to resolve the complaint informally fail, the Management and Budget under control
Assistant Secretary will impose a resolution number 2529-0043)
on the recipient and complainant. Any
resolution imposed by the Assistant Subpart E_Reporting and
Secretary will be in accordance with
requirements and procedures concerning the
Recordkeeping
imposition of sanctions or resolutions as set
forth in the regulations governing the HUD Sec. 135.90 Reporting.
program under which the section 3 covered Each recipient which receives directly
assistance was provided. from HUD financial assistance that is
(3) Effective date of informal subject to the requirements of this part shall
resolution. The imposed resolution will submit to the Assistant Secretary an annual
become effective and binding at the report in such form and with such
expiration of 15 days following notification information as the Assistant Secretary may
to recipient and complainant by certified request, for the purpose of determining the
mail of the imposed resolution, unless either effectiveness of section 3. Where the

program providing the section 3 covered the housing development or developments
assistance requires submission of an annual where category 1 or category 2 persons (as
performance report, the section 3 report will these terms are defined in SEC. 135.34)
be submitted with that annual performance reside.
report. If the program providing the section (5) Advertising the training and
3 covered assistance does not require an employment positions by posting flyers
annual performance report, the section 3 (which identify the positions to be filled, the
report is to be submitted by January 10 of qualifications required, and where to obtain
each year or within 10 days of project additional information about the application
completion, whichever is earlier. All reports process) in the common areas or other
submitted to HUD in accordance with the prominent areas of the housing development
requirements of this part will be made or developments. For HAs, post such
available to the public. advertising in the housing development or
(Approved by the Office of developments where category 1 or category
Management and Budget under control 2 persons reside; for all other recipients, post
number 2529-0043) such advertising in the housing development
or developments and transitional housing in
Sec. 135.92 Recordkeeping and the neighborhood or service area of the
access to records. section 3 covered project.
(6) Contacting resident councils,
HUD shall have access to all records,
resident management corporations, or other
reports, and other documents or items of the
resident organizations, where they exist, in
recipient that are maintained to demonstrate
the housing development or developments
compliance with the requirements of this
where category 1 or category 2 persons
part, or that are maintained in accordance
reside, and community organizations in
with the regulations governing the specific
HUD-assisted neighborhoods, to request the
HUD program under which section 3
assistance of these organizations in notifying
covered assistance is provided or otherwise
residents of the training and employment
made available to the recipient or contractor.
positions to be filled.
{[[Page 723]]}
(7) Sponsoring (scheduling,
Appendix to Part 135
advertising, financing or providing in-
I. Examples of Efforts To Offer
kind services) a job informational
Training and Employment Opportunities to
meeting to be conducted by an HA or
Section 3 Residents
contractor representative or representatives
(1) Entering into ``first source'' hiring
at a location in the housing development or
agreements with organizations representing
developments where category 1 or category
Section 3 residents.
2 persons reside or in the neighborhood or
(2) Sponsoring a HUD-certified ``Step-
service area of the section 3 covered project.
Up'' employment and training program for
(8) Arranging assistance in conducting
section 3 residents.
job interviews and completing job
(3) Establishing training programs,
applications for residents of the housing
which are consistent with the requirements
development or developments where
of the Department of Labor, for public and
category 1 or category 2 persons reside and
Indian housing residents and other section 3
in the neighborhood or service area in which
residents in the building trades.
a section 3 project is located.
(4) Advertising the training and
(9) Arranging for a location in the
employment positions by distributing flyers
housing development or developments
(which identify the positions to be filled, the
where category 1 persons reside, or the
qualifications required, and where to obtain
neighborhood or service area of the project,
additional information about the application
where job applications may be delivered to
process) to every occupied dwelling unit in
and collected by a recipient or contractor (17) Undertaking job counseling,
representative or representatives. education and related programs in
(10) Conducting job interviews at the association with local educational
housing development or developments institutions.
where category 1 or category 2 persons (18) Undertaking such continued job
reside, or at a location within the training efforts as may be necessary to
neighborhood or service area of the section ensure the continued employment of section
3 covered project. 3 residents previously hired for employment
(11) Contacting agencies administering opportunities.
HUD Youthbuild programs, and requesting (19) After selection of bidders but prior
their assistance in recruiting HUD to execution of contracts, incorporating into
Youthbuild program participants for the the contract a negotiated provision for a
HA's or contractor's training and specific number of public housing or other
employment positions. section 3 residents to be trained or employed
(12) Consulting with State and local on the section 3 covered assistance. {[[Page
agencies administering training programs 724]]}
funded through JTPA or JOBS, probation (20) Coordinating plans and
and parole agencies, unemployment implementation of economic development
compensation programs, community (e.g., job training and preparation, business
organizations and other officials or development assistance for residents) with
organizations to assist with recruiting the planning for housing and community
Section 3 residents for the HA's or development.
contractor's training and employment II. Examples of Efforts To Award
positions. Contracts to Section 3 Business Concerns
(13) Advertising the jobs to be filled (1) Utilizing procurement procedures
through the local media, such as community for section 3 business concerns similar to
television networks, newspapers of general those provided in 24 CFR part 905 for
circulation, and radio advertising. business concerns owned by Native
(14) Employing a job coordinator, or Americans (see section III of this
contracting with a business concern that is Appendix).
licensed in the field of job placement (2) In determining the responsibility of
(preferably one of the section 3 business potential contractors, consider their record
concerns identified in part 135), that will of section 3 compliance as evidenced by
undertake, on behalf of the HA, other past actions and their current plans for the
recipient or contractor, the efforts to match pending contract.
eligible and qualified section 3 residents (3) Contacting business assistance
with the training and employment positions agencies, minority contractors associations
that the HA or contractor intends to fill. and community organizations to inform
(15) For an HA, employing section 3 them of contracting opportunities and
residents directly on either a permanent or a requesting their assistance in identifying
temporary basis to perform work generated section 3 businesses which may solicit bids
by section 3 assistance. (This type of or proposals for contracts for work in
employment is referred to as ``force account connection with section 3 covered
labor'' in HUD's Indian housing regulations. assistance.
See 24 CFR 905.102, and SEC. (4) Advertising contracting
905.201(a)(6).) opportunities by posting notices, which
(16) Where there are more qualified provide general information about the work
section 3 residents than there are positions to to be contracted and where to obtain
be filled, maintaining a file of eligible additional information, in the common areas
qualified section 3 residents for future or other prominent areas of the housing
employment positions.

development or developments owned and papers and newsletters, and through the
managed by the HA. local media, such as community television
(5) For HAs, contacting resident networks, newspapers of general circulation,
councils, resident management corporations, and radio advertising.
or other resident organizations, where they (15) Developing a list of eligible
exist, and requesting their assistance in section 3 business concerns.
identifying category 1 and category 2 (16) For HAs, participating in the
business concerns. ``Contracting with Resident-Owned
(6) Providing written notice to all Businesses'' program provided under 24
known section 3 business concerns of the CFR part 963.
contracting opportunities. This notice should (17) Establishing or sponsoring
be in sufficient time to allow the section 3 programs designed to assist residents of
business concerns to respond to the bid public or Indian housing in the creation and
invitations or request for proposals. development of resident-owned businesses.
(7) Following up with section 3 (18) Establishing numerical goals
business concerns that have expressed (number of awards and dollar amount of
interest in the contracting opportunities by contracts) for award of contracts to section 3
contacting them to provide additional business concerns.
information on the contracting opportunities. (19) Supporting businesses which
(8) Coordinating pre-bid meetings at provide economic opportunities to low
which section 3 business concerns could be income persons by linking them to the
informed of upcoming contracting and support services available through the Small
subcontracting opportunities. Business Administration (SBA), the
(9) Carrying out workshops on Department of Commerce and comparable
contracting procedures and specific contract agencies at the State and local levels.
opportunities in a timely manner so that (20) Encouraging financial institutions,
section 3 business concerns can take in carrying out their responsibilities under
advantage of upcoming contracting the Community Reinvestment Act, to
opportunities, with such information being provide no or low interest loans for
made available in languages other than providing working capital and other
English where appropriate. financial business needs.
(10) Advising section 3 business (21) Actively supporting joint ventures
concerns as to where they may seek with section 3 business concerns.
assistance to overcome limitations such as (22) Actively supporting the
inability to obtain bonding, lines of credit, development or maintenance of business
financing, or insurance. incubators which assist Section 3 business
(11) Arranging solicitations, times for concerns.
the presentation of bids, quantities, III. Examples of Procurement
specifications, and delivery schedules in Procedures That Provide for Preference for
ways to facilitate the participation of section Section 3 Business Concerns
3 business concerns. This Section III provides specific
(12) Where appropriate, breaking out procedures that may be followed by
contract work items into economically recipients and contractors (collectively,
feasible units to facilitate participation by referred to as the ``contracting party'') for
section 3 business concerns. implementing the section 3 contracting
(13) Contacting agencies administering preference for each of the competitive
HUD Youthbuild programs, and notifying procurement methods authorized in 24 CFR
these agencies of the contracting 85.36(d).
opportunities. (1) Small Purchase Procedures. For
(14) Advertising the contracting section 3 covered contracts aggregating no
opportunities through trade association more than $25,000, the methods set forth in
this paragraph (1) or the more formal of the solicitation, including a rating system
procedures set forth in paragraphs (2) and for the assignment of points to evaluate the
(3) of this Section III may be utilized. merits of each quotation. The solicitation
{[[Page 725]]} shall identify all factors to be considered,
(i) Solicitation. (A) Quotations may be including price or cost. The rating system
solicited by telephone, letter or other shall provide for a range of 15 to 25 percent
informal procedure provided that the manner of the total number of available rating points
of solicitation provides for participation by a to be set aside for the provision of
reasonable number of competitive sources. preference for section 3 business concerns.
At the time of solicitation, the parties must The purchase order shall be awarded to the
be informed of: responsible firm whose quotation is the most
--the section 3 covered contract to be advantageous, considering price and all
awarded with sufficient specificity; other factors specified in the rating system.
--the time within which quotations must (2) Procurement by sealed bids
be submitted; and (Invitations for Bids). Preference in the
--the information that must be award of section 3 covered contracts that are
submitted with each quotation. awarded under a sealed bid (IFB) process
(B) If the method described in may be provided as follows:
paragraph (i)(A) is utilized, there must be an (i) Bids shall be solicited from all
attempt to obtain quotations from a businesses (section 3 business concerns, and
minimum of three qualified sources in order non-section 3 business concerns). An award
to promote competition. Fewer than three shall be made to the qualified section 3
quotations are acceptable when the business concern with the highest priority
contracting party has attempted, but has ranking and with the lowest responsive bid
been unable, to obtain a sufficient number of if that bid--
competitive quotations. In unusual (A) is within the maximum total
circumstances, the contracting party may contract price established in the contracting
accept the sole quotation received in party's budget for the specific project for
response to a solicitation provided the price which bids are being taken, and
is reasonable. In all cases, the contracting (B) is not more than ``X'' higher than
party shall document the circumstances the total bid price of the lowest responsive
when it has been unable to obtain at least bid from any responsible bidder. ``X'' is
three quotations. determined as follows:
(ii) Award. (A) Where the section 3 ------------------------------------------------
covered contract is to be awarded based ------------------------
upon the lowest price, the contract shall be x=lesser of:
awarded to the qualified section 3 business ------------------------------------------------
concern with the lowest responsive ------------------------
quotation, if it is reasonable and no more When the lowest responsive bid is less
than 10 percent higher than the quotation of 10% of that bid or $9,000.
the lowest responsive quotation from any than $100,000.
qualified source. If no responsive quotation When the lowest responsive bid is:
by a qualified section 3 business concern is At least $100,000, but less than 9% of
within 10 percent of the lowest responsive that bid, or $16,000.
quotation from any qualified source, the $200,000.
award shall be made to the source with the At least $200,000, but less than 8% of
lowest quotation. that bid, or $21,000.
(B) Where the section 3 covered $300,000.
contract is to be awarded based on factors At least $300,000, but less than 7% of
other than price, a request for quotations that bid, or $24,000.
shall be issued by developing the particulars $400,000.

At least $400,000, but less than 6% of order of priority ranking as described in 24
that bid, or $25,000. CFR 135.36.
$500,000. (iv) With respect to the second
At least $500,000, but less than $1 5% component (the acceptability of the section 3
of that bid, or $40,000. strategy), the RFP shall require the
million. disclosure of the contractor's section 3
At least $1 million, but less than 4% of strategy to comply with the section 3
that bid, or $60,000. training and employment preference, or
$2 million. contracting preference, or both, if
At least $2 million, but less than 3% of applicable. A determination of the
that bid, or $80,000. contractor's responsibility will include the
$4 million. submission of an acceptable section 3
At least $4 million, but less than 2% of strategy. The contract award shall be made
that bid, or $105,000. to the responsible firm (either section 3 or
$7 million. non-
$7 million or more................. 1\1/2\% section 3 business concern) whose
of the lowest proposal is determined most advantageous,
responsive bid, with no dollar considering price and all other factors
limit. specified in the RFP.
------------------------------------------------
------------------------
(ii) If no responsive bid by a section 3
business concern meets the requirements of
paragraph (2)(i) of this section, the contract
shall be awarded to a responsible bidder
with the lowest responsive bid.
(3) Procurement under the competitive
proposals method of procurement (Request
for Proposals (RFP)). (i) For contracts and
subcontracts awarded under the competitive
proposals method of procurement (24 CFR
85.36(d)(3)), a Request for Proposals (RFP)
shall identify all evaluation factors (and their
relative importance) to be used to rate
proposals.
(ii) One of the evaluation factors shall
address both the preference for section 3
business concerns and the acceptability of
the strategy for meeting the greatest extent
feasible requirement (section 3 strategy), as
disclosed in proposals submitted by all
business concerns (section 3 and non-section
3 business concerns). This factor shall
provide for {[[Page 726]]}
a range of 15 to 25 percent of the total
number of available points to be set aside for
the evaluation of these two components.
(iii) The component of this evaluation
factor designed to address the preference for
section 3 business concerns must establish a
preference for these business concerns in the
24 CFR 902 Public Housing Assessment System (PHAS)
902.35 Financial condition scoring and
thresholds.
902.37 Financial condition portion of
24 CFR 902 Public total PHAS points.
Housing Assessment Subpart D_PHAS Indicator #3:

System (PHAS) Management Operations
902.40 Management operations
[Code of Federal Regulations] assessment.
[Title 24, Volume 4] 902.43 Management operations
[Revised as of April 1, 2004] performance standards.
From the U.S. Government Printing 902.45 Management operations scoring
Office via GPO Access and thresholds. {[[Page 267]]}
[Page 266-295] 902.47 Management operations portion
TITLE 24--HOUSING AND URBAN of total PHAS points.
DEVELOPMENT
CHAPTER IX--OFFICE OF Subpart E_PHAS Indicator #4:
ASSISTANT SECRETARY FOR PUBLIC Resident Service and Satisfaction
AND INDIAN HOUSING, DEPARTMENT 902.50 Resident service and
OF HOUSING AND URBAN satisfaction assessment.
DEVELOPMENT 902.51 Updating of public housing unit
PART 902_PUBLIC HOUSING address information.
ASSESSMENT SYSTEM 902.52 Distribution of survey to
residents.
Subpart A_General Provisions 902.53 Resident service and
902.1 Purpose and general description. satisfaction scoring and thresholds.
902.3 Scope. 902.55 Resident service and
902.5 Applicability. satisfaction portion of total PHAS points.
902.7 Definitions.
902.9 Frequency of PHAS scoring for Subpart F_PHAS Scoring
small PHAs. 902.60 Data collection.
902.63 PHAS scoring.
Subpart B_PHAS Indicator #1: 902.67 Score and designation status.
Physical Condition 902.68 Technical review of results of
902.20 Physical condition assessment. PHAS Indicators <greek-i>1 or <greek-i>4.
902.23 Physical condition standards for 902.69 PHA right of petition and
public housing--decent, safe, and sanitary appeal.
housing in good repair (DSS/GR).
902.24 Physical inspection of PHA Subpart G_PHAS Incentives and
properties. Remedies
902.25 Physical condition scoring and 902.71 Incentives for high performers.
thresholds. 902.73 Referral to an Area
902.26 Physical Inspection Report. HUB/Program Center.
902.27 Physical condition portion of 902.75 Referral to a Troubled Agency
total PHAS points. Recovery Center (TARC).
902.77 Referral to the Departmental
Subpart C_PHAS Indicator #2: Enforcement Center (DEC).
Financial Condition 902.79 Substantial default.
902.30 Financial condition assessment. 902.83 Interventions.
902.33 Financial reporting 902.85 Resident petitions for remedial
requirements. action.

PHA's public housing residents to assess
Authority: 42 U.S.C. 1437d(j), 42 management operations and resident
U.S.C. 3535(d). services and satisfaction, respectively. On
Source: 65 FR 1738, Jan. 11, 2000, the basis of this data, REAC will assess and
unless otherwise noted. score the results, advise PHAs of their
scores and identify low scoring and failing
Subpart A_General PHAs so that these PHAs will receive the
appropriate attention and assistance.
Provisions (e) Limitation of change of PHA's
fiscal year. To allow for a period of
Sec. 902.1 Purpose and general consistent assessment of the PHAS
description. indicators, a PHA is not permitted to change
(a) Purpose. The purpose of the Public its fiscal year for the first three full fiscal
Housing Assessment System (PHAS) is to years following October 1, 1998, unless
improve the delivery of services in public such change is approved by HUD.
housing and enhance trust in the public
housing system among public housing Sec. 902.3 Scope.
agencies (PHAs), public housing residents, The PHAS is a strategic measure of a
HUD and the general public by providing a PHA's essential housing operations. The
management tool for effectively and fairly PHAS, however, does not evaluate a PHA's
measuring the performance of a public compliance with or response to every
housing agency in essential housing Department-wide or program specific
operations, including rewards for high requirement or objective. Although not
performers and consequences for poor specifically referenced in this part, PHAs
performers. remain responsible for complying with such
(b) Responsible office for PHAS requirements as fair housing and equal
assessments. The Real Estate Assessment opportunity requirements, requirements
Center (REAC) is responsible for assessing under section 504 of the Rehabilitation Act
and scoring the performance of PHAs. of 1973 (29 U.S.C. 794) and requirements of
(c) PHAS indicators of a PHA's programs under which the PHA is receiving
performance. REAC will assess and score a assistance. A PHA's adherence {[[Page
PHA's performance based on the following 268]]}
four indicators: to these requirements will be monitored
(1) PHAS Indicator <greek-i>1--the in accordance with the applicable program
physical condition of a PHA's properties regulations and the PHA's Annual
(addressed in subpart B of this part); Contributions Contract (ACC).
(2) PHAS Indicator <greek-i>2--the
financial condition of a PHA (addressed in
Sec. 902.5 Applicability.
subpart C of this part);
(3) PHAS Indicator <greek-i>3--the (a) PHAs, RMCs, AMEs. (1) Scoring
management operations of a PHA of RMCs and AMEs. This part applies to
(addressed in subpart D of this part); and PHAs, Resident Management Corporations
(4) PHAS Indicator <greek-i>4--the (RMCs) and Alternate Management Entities
resident service and satisfaction feedback on (AMEs), as described in this section. As
a PHA's operations (addressed in subpart E described in this section, this part is also
of this part). applicable to RMCs that receive direct
(d) Assessment tools. REAC will make funding from HUD in accordance with
use of uniform and objective protocols for section 20 of the 1937 Act (DF-RMCs).
the physical inspection of properties and the (i) RMCs and DF-RMCs will be
financial assessment of the PHA, and will assessed and issued their own numeric
gather relevant data from the PHA and the scores under the PHAS based on the public
housing developments or portions of public protocol, unless HUD provides, through
housing developments that they manage and Federal Register notice, that PHAs may use
the responsibilities they assume which can HUD's Housing Quality Standards.
be scored under PHAS. References in this (ii) Management Assessment Score. A
part to PHAs include RMCs and this part is PHA will receive an assessment score on the
applicable to RMCs unless stated otherwise. basis of HUD's assessment of the PHA's
References in this part to RMCs include DF- management operations in accordance with
RMCs and this part is applicable to DF- subpart D of this part.
RMCs unless otherwise stated. [65 FR 36044, June 6, 2000]
(ii) AMEs are not issued PHAS scores.
The performance of the AME contributes to Sec. 902.7 Definitions.
the PHAS score of the PHA or PHAs for As used in this part:
which they assumed management Act means the U.S. Housing Act of
responsibilities. 1937 (42 U.S.C. 1437 et seq.)
(2) PHA ultimate responsible entity Adjustment for physical condition
under ACC, except where DF-RMC (development age) and neighborhood
assumes management operations. (i) environment is a total of three additional
Because the PHA and not the RMC/AME is points added to PHAS Indicator <greek-i>1
ultimately responsible to HUD under the (Physical Condition). The three additional
ACC, the PHAS score of a PHA will be points, however, shall not result in a total
based on all of the developments covered by point value exceeding the total points
the ACC, including those with management available for PHAS Indicator <greek-i>1
operations assumed by an RMC or AME (established in subpart B of this part).
(including a court ordered receivership Alternative management entity (AME)
agreement, if applicable). is a receiver, private contractor, private
(ii) A PHA's PHAS score will not be manager, or any other entity that is under
based on developments managed by a DF- contract with a PHA, under a Regulatory
RMC. and Operating Agreement with a PHA, or
(b) Implementation of PHAS. The that is otherwise duly appointed or
regulations in this part are applicable to contracted (for example, by court order or
PHAs with fiscal years ending on and after agency action), to manage all or part of a
June 30, 2000, unless HUD, through Federal PHA's operations.
Register, notice revises the implementation Assessed fiscal year is the PHA fiscal
date to later date. year that has been assessed under the PHAS.
(1) For PHAs that are not issued PHAS Average number of days nonemergency
scores. Under certain circumstances, PHAs work orders were active is calculated:
may not be issued PHAS scores. For these (1) By dividing the total of-- {[[Page
PHAs, in lieu of a PHAS score, HUD will 269]]}
issue the following: (i) The number of days in the assessed
(i) PHAS Advisory Score. A PHA will fiscal year it takes to close active
be issued a PHAS advisory score for all nonemergency work orders carried over
PHAS indicators--Indicators <greek-i>1 from the previous fiscal year;
(Physical), <greek-i>2 (Financial), <greek- (ii) The number of days it takes to
i>3 (Management Operations), and <greek- complete nonemergency work orders issued
i>4 (Resident Service and Satisfaction). The and closed during the assessed fiscal year;
PHA must comply with the requirements of and
this part so that HUD may issue the advisory (iii) The number of days all active
score. Physical inspections required to be nonemergency work orders are open in the
conducted by PHAs under the Management assessed fiscal year, but not completed;
Operations Indicator will be conducted
using HUD uniform physical inspection

(2) By the total number of time nonemergency work orders were active
nonemergency work orders used in the in the PHAS assessment year (the immediate
calculation of paragraphs (1)(i), (ii) and (iii) past fiscal year) to the average time
of this definition. nonemergency work orders were active in
Days in this part, unless otherwise that fiscal year two years prior to the
specified, refer to calendar days. assessment year. It is calculated by
Deficiency means any PHAS score subtracting the average time nonemergency
below 60 percent of the available points in work orders were active in the PHAS
any indicator, sub-indicator or component. assessment year from the average time
(In the context of physical condition and nonemergency work orders were active in
physical inspection, deficiency refers to a the earlier year. If a PHA elects to certify to
physical condition and is defined for the reduction of the average time
purposes of subpart B of this part in SEC. nonemergency work orders were active
902.24) during the previous three years, the PHA
Improvement plan is a document shall retain justifying documentation to
developed by a PHA, specifying the actions support its certification for HUD post
to be taken, including timetables, that shall review.
be required to correct deficiencies identified Tenant Receivable Outstanding is
under any of the sub-indicators and defined in SEC. 902.35(b)(3).
components within the indicator(s), Unit months available is the total
identified as a result of the PHAS number of units managed by a PHA
assessment when a Memorandum of multiplied by 12 (adjusted by new units
Agreement (MOA) is not required. entering a PHA's public housing stock
Occupancy loss is the sum of the during the fiscal year) exclusive of unit
number one (1) minus the unit months months vacant due to: demolition;
leased divided by unit months available (or conversion; ongoing modernization; and
Occupancy loss = 1- units approved for non-dwelling purposes.
(unit months leased/unit months Unit months leased is the actual
available). number of months each unit was rented
Property is a project/development with during the fiscal year based on the PHA's
a separate identifying project number. tenant rent rolls or Housing Assistance
Reduced actual vacancy rate within the Payments records.
previous three years is a comparison of the Work order deferred to the Capital
vacancy rate in the PHAS assessed fiscal Fund Program is any work order that is
year (the immediate past fiscal year) to the combined with similar work items and
vacancy rate of that fiscal year two years completed within the current PHAS
prior to the assessed fiscal year. It is assessment year, or will be completed in the
calculated by subtracting the vacancy rate in following year when there are less than three
the assessed fiscal year from the vacancy months remaining before the end of the
rate in the earlier year. If a PHA elects to PHA fiscal year from the time the work
certify to the reduction of the vacancy rate order was generated, under the PHA's
within the previous three years, the PHA Capital Fund Program or other PHA capital
shall retain justifying documentation to improvements program.
support its certification for HUD post
review. Reduced actual vacancy rate within Sec. 902.9 Frequency of PHAS
the previous three years only applies to scoring for small PHAs.
PHAs with fiscal years ending September
REAC will assess and score the
30, 1999, and December 31, 1999.
performance of a PHA with less than 250
Reduced average time nonemergency
{[[Page 270]]}
work orders were active during the previous
three years is a comparison of the average
public housing units every other PHA between which one resident has vacated a
fiscal year, unless the small PHA: unit and a new lease takes effect;
(a) Elects to have its performance (ii) Units undergoing rehabilitation--
assessed on an annual basis; or vacant units that have substantial
(b) Is designated as troubled, in rehabilitation needs already identified, and
accordance with SEC. 902.67. there is an approved implementation plan to
[68 FR 37671, June 24, 2003] address the identified rehabilitation needs
and the plan is fully funded;
Subpart B_PHAS Indicator (iii) Off-line units--vacant units that
have repair requirements such that the units
#1: Physical Condition cannot be occupied in a normal period of
time (considered to be between 5 and 7
Sec. 902.20 Physical condition days) and which are not included under an
assessment. approved rehabilitation plan;
(a) Objective. The objective of the (c) PHA physical inspection
Physical Condition Indicator is to determine requirement. The HUD-conducted physical
whether a PHA is meeting the standard of inspections required by this part do not
decent, safe, sanitary, and in good repair relieve the PHA of the responsibility to
(DSS/GR), as this standard is defined in inspect public housing units as provided in
SEC. 902.23 (a standard that provides section 6(f)(3) of the Act (42 U.S.C.
acceptable basic housing conditions) and the 1437d(f)(3)), and SEC. 902.43(a).
level to which the PHA is maintaining its (d) Compliance with State and local
public housing in accordance with this codes. The physical condition standards in
standard. this subpart do not supersede or preempt
(b) Physical inspection under PHAS State and local building and maintenance
Indicator <greek-i>1. (1) To achieve the codes with which the PHA's public housing
objective of paragraph (a) of this section, must comply. PHAs must continue to adhere
REAC will provide for an independent to these codes.
physical inspection of a PHA's property or [65 FR 1738, Jan. 11, 2000, as
properties that includes, at minimum, a amended at 65 FR 36044, June 6, 2000]
statistically valid sample of the units in the
PHA's public housing portfolio to determine Sec. 902.23 Physical condition
the extent of compliance with the DSS/GR standards for public housing--
standard. decent, safe, and sanitary
(2) Only occupied units will be
inspected as dwelling units (except units housing in good repair
approved by HUD for non-dwelling (DSS/GR).
purposes, e.g., daycare or meetings, which (a) General. Public housing must be
are inspected as common areas). Vacant maintained in a manner that meets the
units that are not under lease at the time of physical condition standards set forth in this
the physical inspection will not be inspected, part in order to be considered decent, safe,
but vacant units are assessed under the sanitary and in good repair (standards that
Financial Condition Indicator <greek-i>2 constitute acceptable basic housing
(SEC. 902.35(b)(4)). The categories of conditions). These standards address the
vacant units not under lease that are major physical areas of public housing: site;
exempted from physical inspection are as building exterior; building systems; dwelling
follows: units; and common areas (see paragraph (b)
(i) Units undergoing vacant unit of this section). These standards also
turnaround--vacant units that are in the identify health and safety considerations
routine process of turn over; i.e., the period (see paragraph (c) of this section). These
standards address acceptable basic housing

conditions, not the adornment, decor or (ii) Where applicable, the dwelling unit
other cosmetic appearance of the housing. must have hot and cold running water,
(b) Major inspectable areas. The five including an adequate source of potable
major inspectable areas of public housing water.
are the following: (iii) If the dwelling unit includes its
(1) Site. The site includes components, own sanitary facility, it must be in proper
such as fencing and retaining walls, grounds, operating condition, usable in privacy, and
lighting, mailboxes, signs (such as those adequate for personal hygiene and the
identifying the development or areas of the disposal of human waste.
development), parking lots/ (iv) The dwelling unit must include at
driveways, play areas and equipment, least one battery-operated or hard-wired
refuse disposal, {[[Page 271]]} smoke detector, in proper working
roads, storm drainage and walkways. condition, on each level of the unit.
The site must be free of health and safety (5) Common areas. The common areas
hazards and be in good repair. The site must must be structurally sound, secure, and
not be subject to material adverse functionally adequate for the purposes
conditions, such as abandoned vehicles, intended. The common areas include
dangerous walks or steps, poor drainage, components such as
septic tank back-ups, sewer hazards, excess basement/garage/carport, restrooms, closets,
accumulations of trash, vermin or rodent utility, mechanical, community rooms, day
infestation or fire hazards. care, halls/
(2) Building exterior. Each building on corridors, stairs, kitchens, laundry
the site must be structurally sound, secure, rooms, office, porch, patio, balcony, and
habitable, and in good repair. The building's trash collection areas, if applicable. The
exterior components such as doors, fire common areas must be free of health and
escapes, foundations, lighting, roofs, walls, safety hazards, operable, and in good repair.
and windows, where applicable, must be All common area ceilings, doors, floors,
free of health and safety hazards, operable, HVAC, lighting, outlets/
and in good repair. switches, smoke detectors, stairs, walls,
(3) Building systems. The building's and windows, to the extent applicable, must
systems include components such as be free of health and safety hazards,
domestic water, electrical system, elevators, operable, and in good repair.
emergency power, fire protection, HVAC, (c) Health and safety concerns. All
and sanitary system. Each building's systems areas and components of the housing must
must be free of health and safety hazards, be free of health and safety hazards. These
functionally adequate, operable, and in good areas include, but are not limited to, air
repair. quality, electrical hazards, elevators,
(4) Dwelling units. (i) Each dwelling emergency/fire exits, flammable materials,
unit within a building must be structurally garbage and debris, handrail hazards,
sound, habitable, and in good repair. All infestation, and lead-based paint. For
areas and aspects of the dwelling unit (for example, the buildings must have fire exits
example, the unit's bathroom, call-for-aid, that are not blocked and have hand rails that
ceiling, doors, electrical systems, floors, hot are undamaged and have no other
water heater, HVAC (where individual units observable deficiencies. The housing must
are provided), kitchen, lighting, outlets/ have no evidence of infestation by rats,
switches, patio/porch/balcony, smoke mice, or other vermin, or of garbage and
detectors, stairs, walls, and windows) must debris. The housing must have no evidence
be free of health and safety hazards, of electrical hazards, natural hazards, or fire
functionally adequate, operable, and in good hazards. The dwelling units and common
repair. areas must have proper ventilation and be
free of mold, odor (e.g., propane, natural
gas, methane gas), or other observable (1) Based on the importance of the
deficiencies. The housing must comply with deficiency, reflected in its criticality value,
all regulations and requirements related to points are deducted from the score for an
the ownership of pets, and the evaluation inspectable area.
and reduction of lead-based paint hazards ------------------------------------------------
and have available proper certifications of ------------------------
such (see 24 CFR part 35). Criticality Level
------------------------------------------------
Sec. 902.24 Physical inspection ------------------------
of PHA properties. Critical....................................................
.. 5
(a) The inspection, generally. The score
Very
for PHAS Indicator <greek-i>1 is based
important................................................ 4
upon an independent physical inspection of
Important................................................
a PHA's properties provided by REAC and
..... 3
using HUD's uniform physical inspection
Contributes.............................................
protocols.
...... 2
(1) During the physical inspection of a
Slight
property, an inspector looks for deficiencies
contribution........................................... 1
for each inspectable item within the
------------------------------------------------
inspectable areas, such as holes
------------------------
(deficiencies) in the walls (item) of a
(2) The Item Weights and Criticality
dwelling unit (area). The dwelling {[[Page
Levels document lists all deficiencies with
272]]}
their designated levels, which vary from 1 to
units inspected in a property are a
5, with 5 as the most critical, and the point
randomly selected, statistically valid sample
values assigned to them.
of the units in the property, excluding vacant
Deficiencies means the specific
units not under lease at the time of the
problems, comparable to problems noted
physical inspection, as provided in SEC.
under Housing Quality Standards (HQS),
902.20(b)(2).
such as a hole in a wall or a damaged
(2) To ensure prompt correction of
refrigerator in the kitchen, that can be
health and safety deficiencies before leaving
recorded for inspectable items.
the site, the inspector gives the property
Dictionary of Deficiency Definitions
representative the list of every observed
refers to the Dictionary of Deficiency
exigent/fire safety health and safety
Definitions document which is included as
deficiency that calls for immediate attention
an appendix to the PHAS Notice on the
or remedy. The property representative
Physical Condition Scoring Process and
acknowledges receipt of the deficiency
contains specific definitions of each severity
report by signature.
level for deficiencies under this subpart.
(3) After the inspection is completed,
HUD will publish for comment any
the inspector transmits the results to REAC
significant proposed amendments to this
where the results are verified for accuracy
document. After comments have been
and then scored in accordance with the
considered HUD will publish a notice
procedures in this subpart.
adopting the final Dictionary of Deficiency
(b) Definitions. The following
Definitions document or the amendments to
definitions apply to the physical condition
the document. The Dictionary of Deficiency
scoring process in this subpart:
Definitions that is currently in effect can be
Criticality means one of five levels that
found at the REAC Internet site at
reflect the relative importance of the
http://www.hud.gov/reac or obtained from
deficiencies for an inspectable item.
REAC's Technical Assistance Center at 888-
245-4860 (this is a toll free number).

Inspectable areas (or area) means any health and safety deficiencies list that the
of the five major components of the property inspector gives the PHA's property
that are inspected, which are: site; building representative. The PHA is expected to
exteriors; building systems; dwelling units; promptly address all health and safety
and common areas. deficiencies.
Inspectable item means the individual Severity means one of three levels,
parts, such as walls, kitchens, bathrooms, level 1 (minor), level 2 (major), and level 3
and other things, to be inspected in an (severe), that reflect the extent of the
inspectable area. The number of inspectable damage or problem associated with each
items varies for each area. Weights are deficiency. The Item Weights and Criticality
assigned to each item as shown in the Item Levels document shows the severity levels
Weights and Criticality Levels document. for each deficiency. Based on the severity of
Item Weights and Criticality Levels each deficiency, the score is reduced. Points
Document refers to the Item Weights and deducted are calculated as the product of the
Criticality Levels document which is item weight and the values for criticality and
included as an appendix to the PHAS Notice severity. For specific definitions of each
on the Physical Condition Scoring Process severity level, see REAC's ``Dictionary of
and contains a listing of the inspectable Deficiency Definitions''.
items, item weights, observable deficiencies, Sub-area means an inspectable area for
criticality levels and values, and severity one building. For example, if a property has
levels and values that apply to this subpart. more than one building, each inspectable
HUD will publish for comment any area for each building in the property is
significant proposed amendments to this treated as a sub-area.
document. After comments have been (c) Compliance with civil
considered HUD will publish a notice rights/nondiscrimination requirements. HUD
adopting the final Item Weights and will review certain elements during the
Criticality Levels document or the physical inspection to determine possible
amendments to the document. The Item indications of noncompliance with the Fair
Weights and Criticality Levels document Housing Act (42 U.S.C. 3601-19) and
that is currently in effect can be found at the section 504 of the Rehabilitation Act of
REAC Internet site at http:// 1973 (29 U.S.C. 794). A PHA will not be
www.hud.gov/reac or obtained from scored on those elements. Any indication of
REAC's Technical Assistance Center at 888- possible noncompliance will be referred to
245-4860 (this is a toll free number). HUD's Office of Fair Housing and Equal
Normalized weights mean weights Opportunity.
adjusted to reflect the inspectable items or (d) HUD access to PHA properties.
areas that are present to be inspected. PHAs are required by the ACC to provide
Score means a number on a scale of 0 the Government with full and free access to
to 100 that reflects the physical condition of all facilities contained in the development.
a property, inspectable area, or {[[Page PHAs are required to provide HUD or its
273]]} representative with access to the
sub-area. To record a health or safety development, all units and appurtenances
deficiency, a specific designation (such as a thereto in order to permit physical
letter--a, b, or c) is added to the property inspections under this part. Access to the
score that highlights that a health or safety units must be provided whether or not the
deficiency (or deficiencies) exists. If smoke resident is home or has installed additional
detectors are noted as inoperable or missing, locks for which the PHA did not obtain
another designation (such as an asterisk (*)) keys. In the event that the PHA fails to
is added to the property score. Although provide access as required by HUD or its
inoperable or missing smoke detectors do representative, the PHA will be given ``0''
not reduce the score, they are included in the points for the development or developments
involved which will be reflected in the (iii) Physical condition of the building
physical condition and overall PHAS score. exteriors.
(2) Definitions. Definitions and
Sec. 902.25 Physical condition application of physical condition and
scoring and thresholds. neighborhood environment factors are:
(i) Physical condition applies to
(a) Scoring. Under PHAS Indicator
properties over 10 years old and that have
<greek-i>1, REAC will calculate a score for
not received substantial rehabilitation in the
the overall condition of a PHA's public
last 10 years.
housing portfolio following the procedures
(ii) Neighborhood environment applies
described in the PHAS Notice on the
to properties located where the immediate
Physical Condition Scoring Process (PHAS
surrounding neighborhood (that is a majority
PASS Notice 3), which will be published in
of the population that resides in the census
the Federal Register. HUD may revise this
tracts or census block groups on all sides of
notice in the future, but HUD will publish
the development) has at least 51 percent of
for comment any significant proposed
families with incomes below the poverty
amendments to this notice. After comments
rate as documented by the most recent
have been considered, HUD will publish a
census data.
notice adopting a final notice or amendment.
(3) Adjustment for physical condition
The PHAS Notice on the Physical Condition
(property age) and neighborhood
Scoring Process that is currently in effect
environment. HUD will adjust the physical
can be found at the REAC Internet site at
score of a PHA's property subject to both the
http://www.hud.gov/reac or obtained from
physical condition (property age) and
REAC's Technical Assistance Center at 888-
neighborhood environment conditions. The
245-4860 (this is a toll free number).
adjustments will be made to the scores
(b) Adjustment for physical condition
assigned to the applicable inspectable areas
(property age) and neighborhood
so as to reflect the difficulty in managing. In
environment. In accordance with section
each instance where the actual physical
6(j)(1)(I)(2) of the Act (42 U.S.C.
condition of the inspectable area (site,
1437d(j)(1)(I)(2)), the overall physical score
common areas, building exterior) is rated
for a property will be adjusted upward to the
below the maximum score for that area, 1
extent that negative conditions are caused by
point will be added, but not to exceed the
situations outside the control of the PHA.
maximum number of points available to that
These situations are related to the poor
inspectable area.
physical condition of the property or the
(i) These extra points will be added to
overall depressed condition of the
the score of the specific inspectable area, by
immediately surrounding neighborhood. The
property, to which these conditions may
intent of this adjustment is to avoid
apply. A PHA is required to certify in the
penalizing the PHA through appropriate
manner prescribed by HUD, the extent to
application of the adjustment. (See
which the conditions apply, and to which
paragraph (c) of this section which provides
inspectable area the extra scoring point
for further adjustments of physical condition
should be added.
score under certain circumstances.)
(ii) A PHA that receives the maximum
(1) Adjustments in three areas.
potential weighted points on the inspectable
Adjustments to the PHA physical condition
areas may not claim any additional
score will be made in three factually
adjustments for physical condition and/or
observed and assessed areas (inspectable
neighborhood environments for the
areas): {[[Page 274]]}
respective inspectable area(s). In no
(i) Physical condition of the site;
circumstance shall a property's score for the
(ii) Physical condition of the common
inspectable area, after any adjustment(s) for
areas on the property; and
physical condition and/or neighborhood

environments, exceed the maximum (i) These circumstances are not those
potential weighted points assigned to the that may addressed by the technical review
respective property's inspectable area(s). process described in SEC. 902.68. The
(4) Scattered site properties. The Date {[[Page 275]]}
of Full Availability (DOFA) shall apply to circumstances addressed by this
scattered site properties, where the age of paragraph (c)(1) may include inconsistencies
units and buildings vary, to determine between local code requirements and the
whether the properties have received HUD physical inspection protocol;
substantial rehabilitation within the past 10 conditions which are permitted by local
years and are eligible for an adjusted score variance or license or which are preexisting
for the Physical Condition Indicator. physical features that do not conform to, or
(5) Maintenance of supporting are inconsistent with, HUD's physical
documentation. PHAs shall maintain condition protocol; or the PHA has been
supporting documentation to show how they scored for elements (e.g., roads, sidewalks,
arrived at the determination that the mail boxes, resident-owned appliances, etc.)
property's score is subject to adjustment that it does not own and is not responsible
under this section. for maintaining, and the PHA has notified
(i) If the basis was neighborhood the proper authorities regarding the deficient
environments, the PHA shall have on file the structure.
appropriate maps showing the census block (ii) An adjustment due to these
groups surrounding the development(s) in circumstances may be initiated by a PHA's
question with supporting census data notification to the applicable HUD
showing the level of poverty. Properties that HUB/Program Center and such notification
fall into this category but which have shall include appropriate proof of the
already been removed from consideration reasons for the unusual or incorrect result. A
for other reasons (permitted exemptions and PHA may submit the request for this
modifications and/or exclusions) shall not be adjustment either prior to or after the
counted in this calculation. physical inspection has been concluded. If
(ii) For the Physical Condition the request is made after the conclusion of
Indicator, a PHA would have to maintain the physical inspection, the request must be
documentation showing the age and made within 15 days of issuance of the
condition of the properties and the record of physical condition score. Based on the
capital improvements, evidencing that these recommendation of the applicable HUD
particular properties have not received HUB/Program Center following its review
capital funds. of the PHA's evidence or documentation,
(iii) PHAs shall also document that in HUD may determine that a reinspection
all cases, properties that were exempted for and/or re-scoring of the PHA's property is
other reasons were not included in the necessary. HUD shall define, by notice, the
calculation. procedures to be followed to address
(c) Database adjustment. (1) circumstances described in paragraph (c) of
Adjustments for factors not reflected or this section. The notice will be applicable to
inappropriately reflected in physical both public housing and multifamily
condition score. Under certain housing properties covered by 24 CFR part
circumstances, HUD may determine it is 5, subpart G.
appropriate to review the results of a PHA's (2) Adjustments for adverse conditions
physical inspection which are unusual or beyond the PHA's control. Under certain
incorrect due to facts and circumstances circumstances, HUD may determine that
affecting the PHA's property which are not certain deficiencies that adversely and
reflected in the inspection or which are significantly affect the physical condition
reflected inappropriately in the inspection. score of the PHA were caused by
circumstances beyond the control of the
PHA. The correction of these conditions, of the development that are undergoing
however, remains the responsibility of the modernization, deficiencies will be noted in
PHA. accordance with HUD's physical inspection
(i) The circumstances addressed by this protocol, but the PHA may request
paragraph (c)(2) may include, but are not adjustment of the physical condition score as
limited to, damage caused by third parties a result of modernization work in progress.
(such as a private entity or public entity (ii) An adjustment due to
undertaking work near a public housing modernization work in progress may be
development that results in damage to the initiated by a PHA's notification to the
development) or natural disasters. (The applicable HUD HUB/Program Center and
circumstances addressed in paragraph (c)(2) the notification shall include supporting
of this section are not those addressed by the documentation of the modernization
technical review process in SEC. 902.68.) {[[Page 276]]}
(ii) To adjust a physical condition score work underway at the time of the
based on circumstances addressed in physical inspection. A PHA may submit the
paragraph (c)(2) of this section, the PHA request for this adjustment either prior to or
must submit a request to the applicable after the physical inspection has been
HUD HUB/Program Center requesting a concluded. If the request is made after the
reinspection of the PHA's properties. The conclusion of the physical inspection, the
request must be submitted within 15 days of request must be made within 15 days of
the issuance of the physical condition score issuance of the physical condition score.
to the PHA and must be accompanied by a Based on the recommendation of the
certification that all deficiencies identified in applicable HUD HUB/Program Center,
the original report have been corrected. HUD may determine that a reinspection
Based on the recommendation of the and/or re-scoring of the PHA's property is
applicable HUD HUB/Program Center necessary.
following its review of the PHA's evidence (d) Overall PHA Physical Condition
or documentation, HUD may determine that Indicator score. The overall Physical
a reinspection and/or re-scoring of the Condition Indicator score for a PHA is the
PHA's property is necessary. weighted average of the PHA's individual
(3) Adjustments for modernization property physical inspection scores, where
work in progress. HUD may determine that the weights are the number of units in each
an occupied dwelling unit or other areas of a property divided by the total number of units
PHA development, subject to physical in all properties of the PHA.
inspection under this subpart, which are (e) Thresholds. (1) The physical
undergoing modernization work in progress condition score is reduced to a 30 point basis
require an adjustment to the physical for the PHAS Physical Condition Indicator.
condition score. (2) In order to receive a passing score
(i) An occupied dwelling unit or other under the Physical Condition Indicator, the
areas of a PHA development undergoing PHA must achieve a score of at least 18
modernization are subject to physical points, or 60 percent of the available points
inspection; the unit and other areas of the under this indicator. If the PHA fails to
PHA development are not exempt from receive a passing score on the Physical
physical inspection. All elements of the unit Condition Indicator, the PHA shall be
or of the other areas of the PHA categorized as a substandard physical
development that are subject to inspection agency.
and are not undergoing modernization at the [65 FR 1738, Jan. 11, 2000, as
time of the inspection (even if amended at 65 FR 36044, June 6, 2000]
modernization is planned) will be subject to
HUD's physical inspection protocol without
adjustment. For those elements of the unit or

Sec. 902.26 Physical Inspection (1) Normalized weights as the
Report. ``possible points'' by area;
(2) The area scores, taking into account
(a) Following the physical inspection the points deducted for observed
and computation of the score under this deficiencies;
subpart, each PHA receives a Physical (3) The H&S deductions for each of the
Inspection Report. The Physical Inspection five inspectable areas; a listing of all
Report allows the PHA to see the magnitude observed smoke detector deficiencies; and a
of the points lost by inspectable area, and projection of the total number of H&S
the impact on the score of the health and problems that the inspector potentially
safety (H&S) deficiencies. would see in an inspection of all buildings
(1) If exigent health and safety items and all units; and
are identified in the report, the PHA will (4) The overall property score.
have the opportunity to correct all exigent
health and safety deficiencies noted on the
report and request a reinspection.
Sec. 902.27 Physical condition
(2) The correction of exigent health and portion of total PHAS points.
safety deficiencies and the request for Of the total 100 points available for a
reinspection must be made within 15 days of PHAS score, a PHA may receive up to 30
the PHA's receipt of the Physical Inspection points based on the Physical Condition
Report. The request for reinspection must be Indicator. {[[Page 277]]}
accompanied by the PHA's identification of
the exigent health and safety deficiencies Subpart C_PHAS Indicator
that have been corrected, and the PHA's #2: Financial Condition
certification that all such deficiencies
identified in the report have been corrected.
(3) If HUD determines that a
Sec. 902.30 Financial condition
reinspection is appropriate, REAC will assessment.
arrange for a complete reinspection of the (a) Objective. The objective of the
development(s) in question, not just the Financial Condition Indicator is to measure
deficiencies previously identified. The the financial condition of a PHA for the
reinspection will constitute the final physical purpose of evaluating whether it has
inspection for the development, and REAC sufficient financial resources and is capable
will issue a new inspection report (the final of managing those financial resources
inspection report). effectively to support the provision of
(4) If any of the previously identified housing that is decent, safe, sanitary and in
exigent health and safety deficiencies that good repair.
the PHA certified were corrected are found (b) Financial reporting standards. A
during the reinspection to be not corrected, PHA's financial condition will be assessed
the score in the final inspection report will under this indicator by measuring the PHA's
reflect a point deduction of triple the value entity-wide performance in each of the
of the original deduction, up to the components listed in SEC. 902.35, on the
maximum possible points for the unit or basis of the annual financial report provided
area, and the PHA must reimburse HUD for in accordance with SEC. 902.33.
the cost of the reinspection.
(5) If a request for reinspection is not Sec. 902.33 Financial reporting
made within 15 days, the physical inspection requirements.
report issued to the PHA will be the final
(a) Annual financial report. All PHAs
physical inspection report.
must submit their unaudited and audited
(b) The Physical Inspection Report
financial data to HUD on an annual basis.
includes the following items:
The financial information must be:
(1) Prepared in accordance with number of public housing and section 8
Generally Accepted Accounting Principles units and other units the PHA operates.
(GAAP) as further defined by HUD in (1) Under PHAS Indicator <greek-i>2,
supplementary guidance; and REAC will calculate a score following the
(2) Submitted electronically in the procedures described in the PHAS Notice on
format prescribed by HUD using the the Financial Condition Scoring Process
Financial Data Schedule (FDS). (PHAS FASS Notice 3), which will be
(b) Annual financial report filing dates. published in the Federal Register. HUD may
The unaudited financial information to be revise this notice in the future, but HUD will
submitted to HUD in accordance with publish for comment any significant
paragraph (a) of this section, must be proposed amendments to this notice. After
submitted to HUD annually, no later than comments have been considered, HUD will
two months after the end of the PHA's fiscal publish a notice adopting a final notice or
year end, with no penalty applying until the amendment. The PHAS Notice on the
16th day of the third month after the PHA's Financial Condition Scoring Process that is
fiscal year end in accordance with Uniform currently in effect can be found at the REAC
Financial Reporting Standards (see 24 CFR Internet site at http://www.hud.gov/reac or
part 5, subpart H). An automatic one month obtained from REAC's Technical Assistance
extension will be granted for PHAs with Center at 888-245-4860 (this is a toll free
fiscal years ending September 30, 1999 number).
through June 30, 2000. (2) PHAs with fiscal years ending on or
(c) Reporting compliance dates. The before June 30, 2000, will receive an
requirement for compliance with the advisory score based on the PHA's entity-
financial reporting requirements of this wide operations. PHAs with fiscal years
section begins with PHAs with fiscal years ending March 31, 2000, and June 30, 2000,
ending on and after September 30, 1999. will also receive a score under this subpart
Unaudited financial statements will be C. These PHAs will receive a PHAS
required two months after the PHA's fiscal financial condition score on the basis of
year end, and audited financial statements their public housing operating subsidies
will be required no later than 9 months after program. PHAs with fiscal years ending
the PHA's fiscal year end, in accordance after June 30, 2000, will receive PHAS
with the Single Audit Act and OMB financial condition scores on the basis of
Circular A-133 (see 24 CFR 84.26). their entity-wide operations. {[[Page 278]]}
[65 FR 1738, Jan. 11, 2000, as (3) High liquidity or reserves. (i) Under
amended at 68 FR 37671, June 24, 2003] the scoring process for the Financial
Condition Indicator, no points will be
Sec. 902.35 Financial condition deducted under the Current Ratio or
scoring and thresholds. Monthly Expenditure Fund Balance
components for a PHA that has too high
(a) Scoring. Under PHAS Indicator
liquidity or reserves if the PHA has achieved
<greek-i>2, REAC will calculate a score
at least 90 percent of the points available
based on the values of financial condition
under the Physical Condition Indicator, and
components, as well as audit and internal
is not required to prepare a follow-up survey
control flags. Each financial condition
plan under the Resident Service and
component has several levels of
Satisfaction Indicator.
performance, with different point values for
(ii) A PHA that has too high liquidity
each level. A PHA's score for a financial
or reserves but does not meet the
condition component depends upon both the
qualifications described in paragraph
level of the PHA's performance under a
(a)(3)(i) of this section may appeal point
component, and the PHA's size, based on the
deductions under the Current Ratio or
Monthly Expenditure Fund Balance

components based on mitigating year's operations have affected the PHA's
circumstances if the PHA's physical viability.
condition score is at least 60 percent of the (c) Thresholds. In order to receive a
total available points under the Physical passing score under the Financial Condition
Condition Indicator. Indicator, the PHA must achieve a score of
(A) The appeal may be made without at least 18 points, or 60 percent of the
regard to change in designation. available points under this indicator. If the
(B) To adjust a financial condition PHA fails to receive a passing score on the
score based on mitigating circumstances, the Financial Condition Indicator, the PHA shall
PHA must submit a request to the applicable be categorized as a substandard financial
HUD HUB/ agency.
Program Center within 15 days of the [65 FR 1738, Jan. 11, 2000, as
issuance of the financial condition score to amended at 65 FR 36044, June 6, 2000]
the PHA and must be accompanied by a
description of the mitigating circumstances. Sec. 902.37 Financial condition
Based on the recommendation of the portion of total PHAS points.
applicable HUD HUB/Program Center
Of the total 100 points available for a
following its review of the PHA's evidence
PHAS score, a PHA may receive up to 30
or documentation, HUD may determine that
points based on the Financial Condition
a point adjustment for the financial
Indicator.
condition score is acceptable.
(b) Components of PHAS Indicator
<greek-i>2. The components of PHAS Subpart D_PHAS Indicator
Indicator <greek-i>2 are: #3: Management Operations
(1) Current Ratio is current assets
divided by current liabilities. Sec. 902.40 Management
(2) Number of Months Expendable operations assessment.
Fund Balance is expendable fund balance
(Expendable Fund Balance) divided by (a) Objective. The objective of the
monthly operating expenses. The Management Operations Indicator is to
Expendable Fund Balance is the portion of measure certain key management operations
the fund balance representing expendable and responsibilities of a PHA for the
available financial resources, that is, the purpose of assessing the PHA's management
unreserved and undesignated fund balance. operations capabilities.
(3) Tenant Receivable Outstanding is (b) Management assessment. PHAS
the average number of days tenant Indicator <greek-i>3 pertaining to
receivables are outstanding and it is Management Operations incorporates the
calculated by dividing tenant accounts majority of the statutory indicators of
receivable by Daily Tenant Revenue (rental section 6(j) of the Act, as provided in SEC.
revenue/365). 902.43. (The remaining statutory indicators
(4) Occupancy Loss is one minus unit are addressed under the other PHAS
months leased divided by unit months Indicators.)
available.
(5) Expense Management/Utility Sec. 902.43 Management
Consumption is the expense per unit for key operations performance
expenses, including utility consumption, and standards.
other expenses such as maintenance and (a) Management operations sub-
security. indicators. The following sub-
(6) Net Income or Loss divided by the indicators listed {[[Page 279]]}
Expendable Fund Balance measures how the
in this section will be used to assess a systems that a PHA inspects on an annual
PHA's management operations. The basis in order to determine short-term
components and grades for each sub- maintenance needs and long-term Capital
indicator are the same as those provided in Fund needs. This management sub-indicator
Appendix 1 to the PHAS Notice on the requires a PHA's inspection to utilize the
Management Operations Scoring Process, HUD uniform physical condition standards
except as may be otherwise noted in this set forth in subpart B of this part. All
subpart. occupied units are required to be inspected.
(1) Management sub-indicator #1-- (5) Management sub-indicator #5--
Vacant Unit Turnaround Time. This sub- Security. (i) This management sub-
indicator measures the PHA's efforts to indicator evaluates the PHA's
reduce unit turnaround time and assesses the performance in tracking crime related
adequacy of the PHA's system to track unit problems in their developments; reporting
down time, make ready time and lease up incidence of crime to local law enforcement
time. agencies; the adoption and implementation,
(2) Management sub-indicator #2-- consistent with section 6(j)(1)(I) (42 U.S.C.
Capital Fund. This management sub- 1437d(j)(1)(I)), of applicant screening and
indicator examines the amount and resident eviction policies and procedures,
percentage of funds provided to the PHA and other anticrime strategies; coordination
from the Capital Fund under section 9(d) of with local government officials and
the Act, which remain unexpended by the residents in the development on
PHA after three years, the timeliness of fund implementation of such strategies; and as
obligation, the adequacy of contract applicable, PHA performance under any
administration, the quality of the physical HUD drug prevention/crime reduction
work, and the adequacy of budget controls. grants.
For funding under the HOPE VI Program, (ii) Paragraph (a) of this section
only components <greek-i>3, <greek-i>4, provides that the components and grades for
and <greek-i>5 of this sub-indicator are each sub-indicator are the same as those for
applicable. This management sub- the corresponding indicator provided in
indicator is automatically excluded if Appendix 1 to the PHAS Notice on the
the PHA does not have section 9(d) capital Management Operations Scoring Process,
funding. except as may be otherwise noted. For
(3) Management sub-indicator #3-- Component <greek-i>1, Tracking and
Work Orders. This management sub- Reporting Crime Related Problems, the
indicator examines the time it takes to following will be used to describe a Grade
complete or abate emergency work orders, of A: The PHA Board, by resolution, has
the average number of days nonemergency adopted policies and the PHA has
work orders were active, and any progress a implemented procedures and can document
PHA has made during the preceding three that it:
years to reduce the period of time (A) Tracks crime and crime-related
nonemergency maintenance work orders problems in at least 90 percent of its
were active. Implicit in this management developments;
sub-indicator is the adequacy of the PHA's (B) Has a cooperative system for
work order system in terms of how a PHA tracking and reporting incidents of crime to
accounts for and controls its work orders, local police authorities to improve law
and its timeliness in preparing/issuing work enforcement and crime prevention; and
orders. (C) Coordinates with local government
(4) Management sub-indicator #4-- officials and its residents on the
PHA Annual Inspection of Units and implementation of anticrime strategies.
Systems. This management sub-indicator (6) Management sub-indicator #6--
examines the percentage of units and Economic Self-Sufficiency. The economic

self-sufficiency sub-indicator measures the score following the procedures described in
PHA's efforts to coordinate, promote or the PHAS Notice on the Management
provide effective programs and activities to Operations Scoring Process (PHAS MASS
promote the economic self-sufficiency of Notice 3), which will be published in the
residents. For this sub- Federal Register. HUD may revise this
indicator, PHAs will be assessed for all notice in the future, but HUD will publish
the programs that the PHA has HUD for comment any significant proposed
funding to implement. Also, PHAs will amendments to this notice. After comments
receive credit for implementation of have been considered, HUD will publish a
programs through partnerships with {[[Page notice adopting a final notice or amendment.
280]]} The PHAS Notice on the Management
non-PHA providers, even if the Operations Scoring Process that is currently
programs are not funded by HUD or the in effect can be found at the REAC Internet
PHA. site at http://www.hud.gov/reac or obtained
(b) Reporting on performance under the from REAC's Technical Assistance Center
Management Operations Indicator. (1) A at 888-245-4860 (this is a toll free number).
PHA is required to submit electronically a (b) Thresholds. (1) In order to receive a
certification of its performance under each passing score under the Management
of the management operations sub-indicators Operations Indicator, the PHA must achieve
in accordance with SEC. 902.60(d). a score of at least 18 points or 60 percent of
(2) If circumstances preclude a PHA the available points under this PHAS
from reporting electronically, HUD will Indicator <greek-i>3. If the PHA fails to
consider granting short-term approval to receive a passing score on the Management
allow a PHA to submit its management Operations Indicator, the PHA shall be
operations certification manually. A PHA categorized as a substandard management
that seeks approval to submit its certification agency.
manually must ensure that REAC receives a (2) A PHA that receives less than 60
request for manual submission in writing percent of the maximum calculation for the
two months prior to the submission due date Capital Fund subindicator under
of its Management Operations certification. Management Operations Indicator, shall be
The written request must include the reasons subject to the sanctions provided in section
why the PHA cannot submit its certification 6(j)(4) of the Act (see SEC.
electronically. REAC will respond to such a 902.67(c)(2)(ii).)
request and will manually forward its [65 FR 1738, Jan. 11, 2000, as
determination in writing to the PHA. amended at 65 FR 36045, June 6, 2000]
[65 FR 36044, June 6, 2000]
Sec. 902.47 Management
Sec. 902.45 Management operations portion of total
operations scoring and PHAS points.
thresholds. Of the total 100 points available for a
(a) Scoring. The Management PHAS score, a PHA may receive up to 30
Operations Indicator score provides an points based on the Management Operations
assessment of each PHA's management Indicator.
effectiveness. Under PHAS Indicator
<greek-i>3, REAC will calculate a score of
the overall management operations of a
PHA that reflects weights based on the
relative importance of the individual
management sub-indicators. Under PHAS
Indicator <greek-i>3, REAC will calculate a
Subpart E_PHAS Indicator PHA that seeks approval to submit the

certification manually must ensure that
#4: Resident Service and REAC receives the PHA's written request
Satisfaction for manual submission two months before
the submission due date of its resident
Sec. 902.50 Resident service service and satisfaction certification. The
and satisfaction assessment. written request must include the reasons
(a) Objective. The objective of the why the PHA cannot submit the certification
Resident Service and Satisfaction Indicator electronically. REAC will respond to the
is to measure the level of resident PHA's request and will manually forward its
satisfaction with living conditions at the determination in writing to the PHA.
PHA.
(b) Method of assessment, generally. Sec. 902.51 Updating of public
The assessment required under PHAS housing unit address
Indicator <greek-i>4 will be performed information.
through the use of a resident service and (a) Electronic updating. The survey
satisfaction survey. The survey process will process for the Resident Service and
be managed by the PHA in accordance with Satisfaction Indicator is dependent upon
a methodology prescribed by HUD. The electronic updating, submission and
PHA will be responsible for completing certification of resident address and unit
implementation plan activities and information by PHAs.
developing a follow-up plan, if applicable, (b) Unit address update and
to address issues resulting from the survey, verification. The survey process for PHAS
subject to independent audit. Indicator <greek-i>4 begins with ensuring
(c) PHA certification of completion of accurate information about the public
resident survey process. (1) At the housing unit addresses.
completion of the resident survey process as (1) PHAs will be required to
described in this subpart, a PHA will be electronically update unit address
audited as part of the Independent {[[Page information initially obtained by REAC
281]]} from the recently revised form HUD-50058,
Audit to ensure that the resident survey Family Report. REAC will supply a list of
process has been managed as directed by current units (listed by development) to
HUD. PHAs are required to submit and PHAs via the internet. PHAs will be asked
certify their implementation plans to make additions, deletions and corrections
electronically via the internet prior to the to their unit address list.
fiscal year end in accordance with SEC. (2) After updating the list, PHAs must
902.60(d). Follow-up plans, if applicable, verify that the list of unit addresses under
must be made available for review and their jurisdiction is complete. Any incorrect
inspection at the principal office of the PHA or obsolete address information will have a
during normal business hours as a detrimental impact on the survey results. A
supporting document to the PHA's Annual statistically valid number of residents cannot
Plan in accordance with SEC. 903.23(d) of be selected to participate in the survey if the
this title. The PHA must certify unit addresses are incorrect or obsolete. If a
electronically that it will develop a follow- PHA does not verify the address information
up plan, if applicable. within two months of submission of the list
(2) If circumstances preclude the PHA of current units to the PHA by REAC, and
from reporting electronically, HUD will the address information is not valid, REAC
consider granting short-term approval to will not be able to conduct the survey at that
allow a PHA to submit its resident service PHA. Under those conditions, the PHA will
and satisfaction certification manually. A

not receive any points for the PHAS Sec. 902.53 Resident service
Resident Service and Satisfaction Indicator. and satisfaction scoring and
(c) Electronic updating of the address
list. (1) The preferred method for updating a
thresholds.
unit address list is electronic updating via (a) Scoring. (1) Under the PHAS
the internet. Indicator <greek-i>4, REAC will calculate a
(2) If circumstances preclude a PHA score based upon two components that
from updating and submitting its unit receive points and a third component that is
address list electronically, HUD will a threshold requirement.
consider granting short-term approval to (i) One component will be the point
allow a PHA to submit the updated unit score of the survey results. The survey
address list information manually. A PHA content will focus on resident evaluation of
that seeks approval to update its unit address the overall living conditions, to include
list manually must ensure that REAC basic constructs such as:
receives the PHA's written request for (A) Maintenance and repair (i.e., work
manual submission one month before the order response);
submission due date. The written request (B) Communications (i.e., perceived
must include the reasons why the PHA effectiveness);
cannot update the list electronically. REAC (C) Safety (i.e., perception of personal
will respond to the PHA's request upon security);
receipt of the request. (D) Services; and
(E) Neighborhood appearance.
Sec. 902.52 Distribution of (ii) The second component will be a
point score based on the level of
survey to residents. implementation and follow-up or corrective
(a) Sampling. A statistically valid actions based on the results of the survey.
number of units will be chosen to receive the (iii) The final component, which is not
Resident Service and Satisfaction Survey. scored for points, but which is a threshold
These units will be randomly selected based requirement, is verification that the survey
on the total number of occupied and vacant process was managed in a manner consistent
units of the PHA. The Resident Service and with guidance provided by HUD.
Satisfaction assessment takes into account (2) Under PHAS Indicator <greek-i>4,
the different properties managed by a PHA REAC will calculate a score following the
by organizing the unit sampling based on the procedures described in the PHAS Notice on
unit representation of each development in the Resident Service and Satisfaction Survey
relation to the size of the entire PHA. Scoring Process (PHAS RASS Notice 3),
(b) Survey distribution by third party which will be published in the Federal
organization. The Resident Service and Register. HUD may revise this notice in the
Satisfaction survey will be distributed to the future, but HUD will publish for comment
randomly selected sample of {[[Page 282]]} any significant proposed amendments to this
units of each PHA by a third party notice. After comments have been
organization designated by HUD. The third considered, HUD will publish a notice
party organization will also be responsible adopting a final notice or amendment. The
for: PHAS Notice on the Resident Service and
(1) Collecting, scanning and Satisfaction Survey Process that is currently
aggregating results of the survey; in effect can be found at the REAC Internet
(2) Transmitting the survey results to site at http://
HUD for analysis and scoring; and www.hud.gov/reac or obtained from
(3) Keeping individual responses to the REAC's Technical Assistance Center at 888-
survey confidential. 245-4860 (this is a toll free number).
(b) Thresholds. A PHA will not receive report of the year-end financial information
any points under PHAS Indicator <greek- is due not later than 9 months after the end
i>4 if the survey process is not managed as of the PHA's fiscal year. {[[Page 283]]}
directed by HUD, the survey results are (d) Management operations and
determined to be altered, or the public resident service and satisfaction information.
housing unit addresses are not updated as A PHA shall provide certification to HUD
referenced in SEC. 902.51 of this document. as to data required under subpart D,
A PHA will receive a passing score on the Management Operations, of this part and
Resident Service and Satisfaction Indicator subpart E, Resident Service and Satisfaction,
if the PHA receives at least 6 points, or 60 of this part not later than two months after
percent of the available points under this the end of the PHA's fiscal year that is being
PHAS Indicator <greek-i>4. assessed and scored, with no penalty
applying, however, until the 16th day of the
Sec. 902.55 Resident service third month after the PHA fiscal year end.
and satisfaction portion of total An automatic one month extension will be
granted for PHAs with fiscal years ending
PHAS points.
September 30, 1999 through June 30, 2000.
Of the total 100 points available for a (1) The Management Operations
PHAS score, a PHA may receive up to 10 certification shall be approved by PHA
points based on the Resident Service and Board resolution, and signed and attested to
Satisfaction Indicator. by the Executive Director.
(2) PHAs shall maintain documentation
Subpart F_PHAS Scoring for three years verifying all certified
indicators for HUD on-site review.
Sec. 902.60 Data collection. (e) Failure to submit data by due date.
(a) Fiscal Year reporting period-- (1) If a PHA without a finding of good cause
limitation on changes after PHAS by HUD does not submit its certifications or
effectiveness. An assessed fiscal year for year-
purposes of the PHAS corresponds to a end financial information, required by
PHA's fiscal year. To allow for a period of this part, or submits its certifications or year-
consistent assessments to refine and make end financial information more than 15 days
necessary adjustments to the PHAS, a PHA past the due date, appropriate sanctions may
is not permitted to change its fiscal year for be imposed, including a reduction of 1 point
the first three full fiscal years following in the total PHAS score for each 15-day
October 1, 1998, unless such change is period past the due date.
approved by HUD (see SEC. 902.1(e)). (2) If any certification or year-end
(b) Physical condition information. financial information, with the exception of
Information necessary to conduct the the PHA's audited financial statement, is not
physical condition assessment under subpart received within three months after the due
B of this part will be obtained from HUD date, the PHA will receive a presumptive
inspectors during the fiscal year being rating of failure for each PHAS Indicator for
scored through electronic transmission of which the certification or year-end financial
the data. information is not received. The PHA's
(c) Financial condition information. audited financial statement must be received
Year-end financial information to conduct no later than 9 months after the PHA's fiscal
the assessment under subpart C, Financial year-end, in accordance with OMB Circular
Condition, of this part will be submitted by a A-133 (see SEC. 902.33(c)). If the audited
PHA through electronic transmission of the financial statement is not received by that
data to HUD not later than two months after date, the PHA will receive a presumptive
the end of the PHA's fiscal year. An audited rating of failure for the PHAS Financial
Indicator. If the PHA receives a presumptive

rating failure for any PHAS Indicator due to approved by its Executive Director or Chief
failure to submit a certification or year-end Executive Officer or responsible party.
financial information by the due date, (2) For a DF-RMC, the DF-RMC must
including any extension of the due date, as submit directly to HUD its certified
provided in this paragraph (except for the statement concerning the management
audited financial statement for which the functions that it has undertaken. The DF-
due date is established by OMB Circular A- RMC's certification shall be approved by its
133), the PHA shall be designated as Executive Director or {[[Page 284]]}
troubled or identified as troubled with Chief Executive Officer or responsible
respect to the program for assistance from party.
the Capital Fund under section 9(d) of the [65 FR 1738, Jan. 11, 2000, as
Act. amended at 65 FR 36045, June 6, 2000; 68
(f) Verification of information FR 37671, June 24, 2003]
submitted. (1) A PHA's certifications, year-
end financial information and any Sec. 902.63 PHAS scoring.
supporting documentation are subject to (a) Computing the PHAS score. Each
verification by HUD at any time, including of the four PHAS indicators in this part will
review by an independent auditor as be scored individually, and then will be used
authorized by section 6(j)(6) of the Act (42 to determine an overall score for the PHA.
U.S.C. 1437(d)(j)(6)). Appropriate sanctions Components within each of the four PHAS
for intentional false certification will be indicators will be scored individually, and
imposed, including civil penalties, the scores for the components will be used
suspension or debarment of the signatories, to determine a single score for each of the
the loss of high performer designation, a PHAS indicators.
lower score under individual PHAS (b) Adjustments to the PHAS score. (1)
indicators and a lower overall PHAS score. Adjustments to the score may be made after
(2) A PHA that cannot provide a PHA's audit report for the year being
justifying documentation to REAC, or to the assessed is transmitted to HUD. If
PHA's independent auditor for the significant differences (as defined in GAAP
assessment under any indicator(s), sub- guidance materials provided to PHAs) are
indicator(s) and/or component(s) shall noted between unaudited and audited results,
receive a score of 0 for the relevant a PHA's PHAS score will be adjusted (e.g.,
indicator(s), sub-indicator(s) and/or reduction in points) in accordance with the
component(s), and its overall PHAS score audited results.
shall be lowered. (2) A PHA's PHAS score under
(g) Management operations assumed by individual indicators, sub-indicators or
an RMC (including DF-RMC). For those components, or its overall PHAS score, may
developments of a PHA where management be changed by HUD in accordance with data
operations have been assumed by an RMC, included in the independent audit report, or
the PHA's certification shall identify the obtained through such sources as HUD on-
development and the management functions site review, investigations by HUD's Office
assumed by the RMC. of Fair Housing and Equal Opportunity, or
(1) For an RMC, that is not a DF-RMC, reinspection by REAC, as applicable.
the PHA shall obtain a certified (c) Issuance of score by HUD. An
questionnaire from the RMC as to the overall PHAS score will be issued by REAC
management functions undertaken by the for each PHA after the later of one month
RMC. Following verification of the RMC's after the submission due date for financial
certification, the PHA shall submit the data and certifications, or one month after
RMC's certified questionnaire along with its submission by the PHA of its financial data
own. The RMC's certification shall be and certifications. The overall PHAS score
becomes the PHA's final PHAS score after (3) High performers will be afforded
any adjustments requested by the PHA and incentives that include relief from reporting
determined necessary under the processes and other requirements, as described in SEC.
provided in SEC. Sec. 902.25(c), 902.71.
902.35(a)(3) and/or 902.68; any adjustments (b) Standard performer. (1) A PHA that
requested by the PHA and determined is not a high performer shall be designated a
necessary under the appeal process provided standard performer if:
in SEC. 902.69; and/or any adjustments (i) The PHA achieves a total PHAS
determined necessary as a result of the score of not less than 60 percent of the total
independent public accountant (IPA) audit, available points under PHAS; and
as provided in paragraph (b) of this section. (ii) The PHA does not achieve less than
(d) Review of audit. For a PHA whose 60 percent of the total points available under
audit has been found deficient as a result of one of the following indicators, PHAS
a quality control review of the IPA Indicators <greek-i>1, <greek-i>2, or
workpapers, a quality control review that is <greek-i>3
conducted by REAC as part of REAC's on- (2) All standard performers must
going quality assurance process, REAC correct reported deficiencies.
may, at its discretion, select the audit firm (3) A PHA that achieves a total PHAS
that will perform the audit of the PHA and score of less than 70 percent, but {[[Page
may serve as the audit committee for the 285]]}
audit in question. This review is important to not less that 60 percent, is required by
determine the accuracy of the scoring under the HUB/Program Center to submit an
the Financial Condition Indicator. Improvement Plan to correct identified
(e) Posting and publication of PHAS deficiencies.
scores. Each PHA (or RMC as the case may (4) A PHA that achieves a total PHAS
be) shall post a notice of its final PHAS score of less than 70 percent but not less
score and status in appropriate conspicuous than 60 percent is at risk of being designated
and accessible locations in its offices within troubled.
two weeks of receipt of its final score and (c) Troubled performer. A PHA that is
status. In addition, HUD will publish every designated as troubled may be:
PHA's score and status in the Federal (1) Overall troubled. A PHA that
Register and on HUD's internet site. achieves an overall PHAS score of less than
60 percent or achieves less than 60 percent
Sec. 902.67 Score and of the total points available under more than
designation status. one of the following indicators, PHAS
Indicators <greek-i>1, <greek-i>2, or
A PHA will receive a status designation
<greek-i>3, shall be designated as troubled
corresponding to its final PHAS score as
(overall), and referred to the TARC as
follows:
described in SEC. 902.75.
(a) High performer. (1) A PHA that
(2) Troubled in one area. (i) A PHA
achieves a score of at least 60 percent of the
that achieves less than 60 percent of the total
points available under each of the four
points available under only one of the
PHAS Indicators (addressed in subparts B
following indicators, PHAS Indicators
through E of this part) and achieves an
<greek-i>1, <greek-i>2, or <greek-i>3, shall
overall PHAS score of 90 percent or greater
be considered a substandard physical,
of the total available points under PHAS
substandard financial, or substandard
shall be designated a high performer.
management performer, and referred to the
(2) A PHA shall not be designated a
TARC as described in SEC. 902.75.
high performer if it scores below the
(ii) In accordance with section 6(j)(2)
threshold established for any indicator.
of the Act, a PHA that receives less than 60
percent of the maximum calculation for the

Capital Fund sub-indicator under PHAS rescinded, the PHA shall be designated
Indicator <greek-i>3 (Management troubled.
Operations, subpart D of this part; see SEC. (3) The denial or rescission of a
902.43(a)) will be subject to the sanctions, designation of high performer or standard
provided in section 6(j)(4), as appropriate. performer does not affect the PHA's
(d) Withholding designation. (1) In numerical PHAS score.
exceptional circumstances, even though a (4) A PHA that disagrees with the basis
PHA has satisfied all of the PHAS for denial or rescission of the designation
Indicators for high performer or standard may make a written request for
performer designation, HUD may conduct reinstatement of the designation to the
any review as it may determine necessary, Assistant Secretary for Public and Indian
and may deny or rescind incentives or high Housing which request shall include reasons
performer designation or standard performer for the reinstatement.
designation, in the case of a PHA that: [65 FR 1738, Jan. 11, 2000, as
(i) Is operating under a special amended at 65 FR 36045, June 6, 2000]
agreement with HUD;
(ii) Is involved in litigation that bears Sec. 902.68 Technical review of
directly upon the physical, financial or results of PHAS Indicators #1
management performance of a PHA;
or #4.
(iii) Is operating under a court order;
(iv) Demonstrates substantial evidence (a) Request for technical reviews. This
of fraud or misconduct, including evidence section describes the process for requesting
that the PHA's certifications, submitted in and granting technical reviews of physical
accordance with this part, are not supported inspection results and resident survey
by the facts, as evidenced by such sources as results.
a HUD review, routine reports, an Office of (1) For both reviews, the burden of
Inspector General investigation/audit, an proof is on the PHA to show that an error
independent auditor's audit or an occurred.
investigation by any appropriate legal (2) For both reviews, a request for
authority; or technical review must be submitted in
(v) Demonstrates substantial writing to the Director of the Real Estate
noncompliance in one or more areas of a Assessment Center and must be {[[Page
PHA's required compliance with applicable 286]]}
laws and regulations, including areas not received by REAC no later than 15
assessed under the PHAS. Areas of days following the issuance of the applicable
substantial noncompliance include, but are results to the PHA (either the physical
not limited to, noncompliance with civil inspection results or the resident survey
rights, nondiscrimination and fair housing results). The request must be accompanied
laws and regulations, or the Annual by the PHA's reasonable evidence that an
Contributions Contract. Substantial error occurred.
noncompliance casts doubt on the capacity (b) Technical review of physical
of a PHA to preserve and protect its public inspection results. (1) For each property
housing developments and operate them inspected, REAC will provide the results of
consistent with Federal laws and regulations. the physical inspection and a score for that
(2) If high performer designation is property to the PHA. If the PHA believes
denied or rescinded, the PHA shall be that an objectively verifiable and material
designated either a standard performer or error (or errors) occurred in the inspection of
troubled performer depending on the nature an individual property, the PHA may request
and seriousness of the matter or matters a technical review of the inspection results
constituting the basis for HUD's action. If for that property.
standard performer designation is denied or
(2) For a technical review of physical physical condition score, and the PHA's
inspection results, the PHA's request must PHAS score and PHAS designation, REAC
be accompanied by the PHA's evidence that shall issue a new PHAS score to the PHA.
an objectively verifiable and material error (6) Material errors are the only grounds
has occurred. The documentation submitted for technical review of physical inspection
by the PHA may be photographic evidence, results. Material errors are those that exhibit
written material from an objective source, specific characteristics and meet specific
such as a local fire marshal or building code thresholds. The three types of material errors
official, or other similar evidence. The are:
evidence must be more than a disagreement (i) Building data error. A building data
with the inspector's observations, or the error occurs if the inspection includes the
inspector's finding regarding the severity of wrong building or a building that was not
the deficiency. owned by the PHA, including common or
(3) A technical review of a property's site areas that were not a part of the
physical inspection will not be conducted property. Incorrect building data that does
based on conditions that were corrected not affect the score, such as the address,
subsequent to the inspection, nor will REAC building name, year built, etc., would not be
consider a request for a technical review that considered material, but is of great interest
is based on a challenge to the inspector's to HUD and will be corrected upon notice to
findings as to the severity of the deficiency REAC.
(i.e., minor, major or severe). (ii) Unit count error. A unit count error
(4) Upon receipt of a PHA's request for occurs if the total number of public housing
technical review of a property's inspection units considered in scoring is incorrect.
results, REAC will review the PHA's file Since scoring uses total public housing
and any objectively verifiable evidence units, REAC will examine instances where
produced by the PHA. If REAC's review the participant can provide evidence that the
determines that an objectively verifiable and total units used is incorrect.
material error (or errors) has been (iii) Non-existent deficiency error. A
documented, then REAC may take one or a non-existent deficiency error occurs if the
combination of the following actions: inspection cites a deficiency that does not
(i) Undertake a new inspection; exist.
(ii) Correct the physical inspection (7) A PHA's subsequent correction of
report; deficiencies identified as a result of a
(iii) Issue a corrected physical property's physical inspection cannot serve
condition score; as the basis for an appeal of the PHA's
(iv) Issue a corrected PHAS score. physical condition score.
(5) In determining whether a new (c) Technical review of resident survey
inspection of the property is warranted and a results. REAC will consider conducting a
new PHAS score must be issued, REAC will technical review of a PHA's resident
review the PHA's file and evidence {[[Page 287]]}
submitted to determine whether the evidence survey results in cases where the
supports that there may have been a contracted third party organization can be
significant contractor error in the inspection shown by the PHA to be in error.
which results in a significant change from (1) The burden of proof rests with the
the property's original physical condition PHA to provide objectively verifiable
score and the PHAS designation assigned to evidence that a technical error occurred.
the PHA (i.e., high performer, standard Examples include, but are not limited to,
performer, or troubled performer). If REAC incorrect material being mailed to residents;
determines that a new inspection is or the PHA's units addresses were incorrect
warranted, and the new inspection results in due to the third party organization's error,
a significant change from the original such as unit numbers being omitted from the

addresses. A PHA that does not update its Assessment Center that must be received by
unit address list as described, above, will not REAC no later than 30 days following the
be eligible for a technical review based on issuance of the overall PHAS score to the
incorrect addresses. PHA. To petition removal of troubled
(2) Upon receipt of a PHA's request for designation, a PHA also must submit its
technical review of resident survey results, request in writing to the Director of the Real
REAC will review the PHA's file and Estate Assessment Center. The written
evidence submitted by the PHA. If REAC's request must be received by REAC no later
review determines that an error has been than 30 days after HUD's decision to refuse
documented, REAC may take one or a to remove the PHA's troubled designation.
combination of the following actions: (2) An appeal of troubled designation
(i) Undertake a new survey; or petition for removal of troubled
(ii) Correct the resident survey results designation must include the PHA's
report; supporting documentation and reasons for
(iii) Issue a corrected resident services the appeal. An appeal of a PHAS score must
and satisfaction score; be accompanied by the PHA's reasonable
(iv) Issue a corrected PHAS score. evidence that an objectively verifiable and
material error occurred. An appeal submitted
Sec. 902.69 PHA right of to REAC without appropriate documentation
petition and appeal. will not be considered and will be returned
to the PHA.
(a) Appeal of troubled designation and
(d) Consideration of appeal. (1)
petition for removal troubled designation. A
Consideration of appeal of PHAS score.
PHA may:
Upon receipt of an appeal of a PHAS score
(1) Appeal its troubled designation
from a PHA, REAC will review the PHA's
(including designation as troubled with
file and the evidence submitted by the PHA
respect to its performance under the Capital
to support that an error occurred. If REAC
Fund subindicator as provided in SEC.
determines that an objectively verifiable and
902.67(c)(2)); and
material error has been documented by the
(2) Petition for removal of troubled
PHA, REAC will convene a Board of
designation.
Review, in accordance with the procedures
(b) Appeal of PHAS score. If a PHA
of paragraphs (d) and (e) of this section, to
believes that an objectively verifiable and
evaluate the appeal and its merits for
material error (or errors) exists in any of the
purposes of determining whether a
scores for its PHAS Indicators, which, if
reassessment of the PHA is warranted. For
corrected, will result in a significant change
appeal of PHAS scores, the Board of
in the PHA's PHAS score and its designation
Review may determine that REAC should
(i.e., as troubled, standard, or high
undertake a new inspection of the property,
performer), the PHA may appeal its PHAS
and/or a reexamination of the financial
score in accordance with the procedures of
information, management information, or
paragraphs (c), (d) and (e) of this section. A
resident information (the components of the
significant change in a PHAS score is a
PHAS score), depending upon which PHAS
change that would cause the PHA's PHAS
Indicator the PHA believes was scored
score to increase, resulting in a higher PHAS
erroneously and the type of evidence
designation for the PHA (i.e., from troubled
submitted by the PHA to support its position
performer to standard performer, or from
that an error occurred. {[[Page 288]]}
standard performer to high performer).
(2) Consideration of appeal of troubled
(c) Appeal and petition procedures. (1)
designation or refusal to remove troubled
To appeal troubled designation or a PHAS
designation. Upon receipt of an appeal of a
score, a PHA must submit a request in
troubled designation from a PHA, REAC
writing to the Director of the Real Estate
will convene a Board of Review (the Board)
to evaluate the appeal and its merits for the (ii) The development or developments
purpose of determining whether a of a PHA that receives a physical condition
reassessment of the PHA is warranted. score of 90 percent or greater under PHAS
Board membership will be comprised of a Indicator <greek-i>1 shall be subject to a
representative from REAC, from the Office physical inspection every other year rather
of Public and Indian Housing, and from such than annually. (All developments of the high
other office or representative as the performer PHA are subject to inspection
Secretary may designate (excluding, every other year, not only those inspected
however, representation from the Troubled for which the physical condition score of 90
Agency Recovery Center). For purposes of percent or greater was achieved.)
reassessment, REAC will schedule a (2) Public recognition. High performer
reinspection and/or acquire audit services, as PHAs and RMCs that receive a score of at
determined by the Board, and a new score least 60 percent of the points available under
will be issued, if appropriate. Decisions by each of the four PHAS Indicators and
the Board will be reported to the PHA by the achieve an overall PHAS score of 90, will
Assistant Secretary for Public and Indian receive a Certificate of Commendation from
Housing. HUD as well as special public recognition,
(e) Final appeal decisions. HUD will as provided by the HUB/Program Center.
make final decisions of appeals, made under (3) Bonus points in funding
this section, within 30 days of receipt of an competitions. A high performer PHA will be
appeal, and may extend this period for an eligible for bonus points in HUD's funding
additional 30 days if further inquiry is competitions, where such bonus points are
necessary. Failure by a PHA to submit not restricted by statute or regulation
supporting documentation with its request governing the funding program. Where
for appeal, or within any additional period permissible by statute or regulation,
granted by HUD is grounds for denial of an eligibility for high performers to receive
appeal. Final appeal decisions will be bonus points in HUD's funding
reported to the PHA by the Assistant competitions, will be stated in HUD's
Secretary for Public and Indian Housing. notices of funding availability or other
[65 FR 36045, June 6, 2000] funding documents.
(b) Compliance with applicable Federal
Subpart G_PHAS Incentives laws and regulations. Relief from any
standard procedural requirement that may be
and Remedies provided under this section does not mean
that a PHA is relieved from compliance with
Sec. 902.71 Incentives for high the provisions of Federal law and
performers. regulations or other handbook requirements.
(a) Incentives for high performer For example, although a high performer or
PHAs. A PHA that is designated a high standard performer may be relieved of
performer will be eligible for the following requirements for prior HUD approval for
incentives, and such other incentives that certain types of contracts for services, the
HUD may determine appropriate and PHA must still comply with all other
permissible under program statutes or Federal and State requirements that remain
regulations: in effect, such as those for competitive
(1) Relief from specific HUD bidding or competitive negotiation (see 24
requirements. (i) A PHA that is designated CFR 85.36).
high performer will be relieved of specific (c) Audits and reviews not relieved by
HUD requirements (for example, fewer designation. A PHA designated as a high
reviews and less monitoring), effective upon performer or standard performer remains
notification of high performer designation. subject to:

(1) Regular independent auditor (IA) information stated in paragraph (d) of this
audits. section.
(2) Office of Inspector General (OIG) (c) Correction of deficiencies. (1) Time
audits or investigations will continue period for correction. After a PHA's (or DF-
{[[Page 289]]} RMC's) receipt of its PHAS score and
to be conducted as circumstances may designation as a standard performer or, in
warrant. the case of an RMC, notification of its score
from a PHA, a PHA or RMC shall correct
Sec. 902.73 Referral to an Area any deficiency indicated in its assessment
HUB/Program Center. within 90 days, or within such period as
provided in the HUD approved
(a) Standard performers will be referred
Improvement Plan if an Improvement Plan
to the HUB/Program Center for appropriate
is required.
action.
(2) Notification and report to
(1) A standard performer that receives a
HUB/Program Center. A PHA shall notify
total score of less than 70 percent but not
the HUB/Program Center of its action to
less than 60 percent shall be required to
correct a deficiency. A PHA shall also
submit an Improvement Plan to eliminate
forward to the HUB/Program Center an
deficiencies in the PHA's performance.
RMC's report of its action to correct a
(2) A standard performer that receives a
deficiency. A DF-RMC shall forward
score of not less than 70 percent may be
directly to the HUB/Program Center its
required, at the discretion of the appropriate
report of its action to correct a deficiency.
area HUB/
(d) Improvement Plan. An
Program Center, to submit an
Improvement Plan shall:
Improvement Plan to address specific
(1) Identify baseline data, which should
deficiencies.
be raw data but may be the PHA's score for
(b) Submission of an Improvement
each individual PHAS indicator, sub-
Plan. (1) Within 30 days after the final
indicator and/or component that was
PHAS score is issued, a standard performer
identified as a deficiency;
with a score of less than 70 percent is
(2) Identify any other performance
required to submit an Improvement Plan to
and/or compliance deficiencies that were
the HUB/
identified as a result of an on-site review of
Program Center in accordance with
the PHA's operations;
paragraphs (d) and (e) of this section.
(3) Describe the procedures that will be
(2) An RMC, unless a DF-RMC, that is
followed to correct each deficiency;
required to submit an Improvement Plan
(4) Provide a timetable for the
must develop the plan in consultation with
correction of each deficiency; and
its PHA and submit the plan to the
(5) Provide for or facilitate technical
HUB/Program Center through its PHA. A
assistance to the PHA.
DF-RMC that is required to submit an
(e) Determination of acceptability of
Improvement Plan, also must develop its
Improvement Plan (1) The HUB/
plan in consultation with its PHA, but must
Program Center will approve or deny a
submit its plan directly to the HUB/
PHA's Improvement Plan (or RMC's
Program Center.
Improvement Plan submitted to the
(3) On a risk management basis, the
HUB/Program Center through the RMC's
HUB/Program Center may require a
PHA, or the DF-RMC's Improvement Plan
standard performer with a score of not less
submitted directly to the HUB/
than 70 percent to submit within 30 days
Program Center), and notify the PHA
after receipt of its final PHAS score an
of its decision. A PHA that submits an
Improvement Plan, which includes the
RMC's Improvement Plan must notify the
RMC in writing, immediately upon receipt
of the HUB/Program Center notification, of that is not a DF-RMC, notification of its
the HUB/Program Center approval or denial score from a PHA) to correct its
of the RMC's Improvement Plan. deficiencies.
(2) An Improvement Plan that is not
approved will be returned to the PHA with Sec. 902.75 Referral to a
recommendations from the HUB/Program Troubled Agency Recovery
Center for revising the Improvement Plan to
Center (TARC).
obtain approval.
(f) Submission of revised Improvement (a) General. Upon a PHA's designation
Plan. A revised Improvement Plan shall be of troubled (including troubled in one area),
resubmitted by the PHA within 30 calendar in accordance with the requirements of
days of its receipt of the HUB/Program section 6(j)(2)(B) of the Act and in
Center recommendations. accordance with this part (or part 901, of
(g) Failure to submit acceptable this chapter if applicable), REAC shall refer
Improvement Plan or correct deficiencies. each troubled PHA to the PHA's area TARC
(1) If a PHA fails to submit an acceptable for remedial action. Remedial action by the
{[[Page 290]]} TARC may include referral to the
Improvement Plan, or to correct HUB/Program Center for oversight and
deficiencies within the time specified in an monitoring. The actions to be taken by HUD
Improvement Plan or such extensions as and the PHA will include actions statutorily
may be granted by HUD, the HUB/Program required, and such other actions as may be
Center will notify the PHA of its determined appropriate by HUD.
noncompliance. (b) Memorandum of Agreement
(2) The PHA (or DF-RMC or the RMC (MOA). Within 30 days of notification of a
through the PHA) will provide the PHA's designation as a troubled performer
HUB/Program Center its reasons for lack of (including substandard categorization),
progress in submitting or carrying out the HUD will initiate activities to develop a
Improvement Plan within 30 calendar days MOA. The final MOA is a binding
of its receipt of the noncompliance contractual agreement between HUD and a
notification. HUD will advise the PHA as to PHA. The scope of the MOA may vary
the acceptability of its reasons for lack of depending upon the extent of the problems
progress. present in the PHA, but shall include:
(3) If HUD finds the PHA's reasons for (1) Baseline data, which should be raw
lack of progress unacceptable, HUD will data but may be the PHA's score in each of
notify the PHA that it will be referred to the the PHAS indicators, sub-indicators or
area Troubled Agency Recovery Center components identified as a deficiency;
(TARC) for remedial actions or such actions (2) Performance targets for such
as the TARC may determine appropriate in periods specified by HUD (e.g., annual,
accordance with the provisions of the ACC, semi-annual, quarterly, monthly), which
this part and other HUD regulations, may be the attainment of a higher score
including the remedies available for within an indicator, sub-indicator or
substantial default. component that is a problem, or the
(4) In the case of a PHA's failure to description of a goal to be achieved;
correct deficiencies within the time specified (3) Strategies to be used by the PHA in
in an Improvement Plan or such extensions achieving the performance targets within the
as may be granted by HUD, if the TARC time period of the MOA;
determines that it is appropriate to refer the (4) Technical assistance to the PHA
PHA to the Departmental Enforcement provided or facilitated by HUD, for
Center (DEC), it will only do so after the example, the training of PHA employees in
PHA has had one year since the issuance of specific management areas or assistance in
the PHAS score (or, in the case of an RMC,

the resolution of outstanding HUD beginning on the date on which the PHA
monitoring findings; receives initial notice of troubled
(5) The PHA's commitment to take all designation (including notice of substandard
actions within its control to achieve the status) or October 21, 1998, whichever is
targets; later, the PHA shall improve its
(6) Incentives for meeting such targets, performance, as measured by the PHAS
such as the removal of troubled designation Indicators, by at least 50 percent of the
or troubled with respect to the program for difference between the most recent
assistance from the Capital Fund under performance measurement and the
section 9(d) and Departmental recognition measurement necessary to remove the
for the most improved PHAs; PHA's designation as troubled or
(7) The consequences of failing to meet substandard status.
the targets include but are not limited to, (2) Expiration of two-year recovery
such sanctions as the imposition of budget period. Upon the expiration of the two-year
and management controls by HUD, period beginning on the later of the date on
declaration of substantial default and which the PHA receives initial notice of
subsequent actions, including referral to the troubled designation (including notice of
DEC for judicial appointment of a receiver, substandard status) or October 21, 1998, the
limited denial of participation, suspension, PHA shall improve its performance and
debarment, or other actions deemed achieve an overall PHAS score of at least 60
appropriate by the DEC; and percent, and achieve a score of at least 60
(8) A description of the involvement of percent of the total points available under
local public and private entities, including each of PHAS Indicators <greek-i>1,
PHA resident leaders, in carrying out the <greek-i>2 and <greek-i>3.
agreement and rectifying the PHA's (e) Parties to the MOA. An MOA shall
problems. A PHA shall have {[[Page 291]]} be executed by:
primary responsibility for obtaining (1) The PHA Board Chairperson
active local public and private entity (supported by a Board resolution), or a
participation, including the involvement of receiver (pursuant to a court ordered
public housing resident leaders, in assisting receivership agreement, if applicable) or
PHA improvement efforts. Local public and other AME acting in lieu of the PHA Board;
private entity participation should be (2) The PHA Executive Director, or a
premised upon the participant's knowledge designated receiver (pursuant to a court
of the PHA, ability to contribute technical ordered receivership agreement, if
expertise with regard to the PHA's specific applicable) or other AME-
problem areas and authority to make designated Chief Executive Officer;
preliminary/tentative commitments of (3) The Director of the area TARC; and
support, financial or otherwise. (4) The appointing authorities of the
(c) PHA review of MOA. The PHA Board of Commissioners, unless exempted
will have 10 days to review the MOA. by the TARC.
During this 10-day period, the PHA shall (f) Involvement of resident leadership
resolve any claimed discrepancies in the in the MOA. HUD encourages the inclusion
MOA with HUD, and discuss any of the resident leadership in the execution of
recommended changes and target dates for the MOA.
improvement to be incorporated in the final (g) Failure to execute MOA or make
MOA. Unless the time period is extended by substantial improvement under MOA. (1) If
HUD, the MOA is to be executed 15 days a troubled PHA fails or refuses to execute a
following issuance of the preliminary MOA. MOA within the period provided in
(d) Maximum recovery period. (1) paragraph (b) of this section, or a troubled
Expiration of one-year recovery period. PHA operating under an executed MOA
Upon the expiration of the one-year period does not show a substantial improvement, as
provided in paragraph (d) of this section, Sec. 902.77 Referral to the
toward a passing PHAS score following the Departmental Enforcement
issuance of the failing PHAS score by
REAC, the TARC shall refer the PHA to the
Center (DEC).
DEC in accordance with SEC. 902.77, and (a) Referral of Troubled PHA to the
the DEC shall take the actions required by DEC for failing to execute or meet MOA
SEC. 902.77(a)(2). requirements. (1) Failure of a troubled PHA
(2) For purposes of this paragraph (g), to execute or meet the requirements of a
substantial improvement is defined as the MOA in accordance with SEC. 902.75
improvement required by paragraphs (d)(1) constitutes a substantial default under SEC.
and (d)(2) of this section. The maximum 902.79 and may result in referral of the PHA
period of time for remaining in troubled to the DEC. The TARC will recommend to
status before being referred to the DEC is the Assistant Secretary for Public and Indian
two years. Therefore, the PHA must make Housing that a troubled performer PHA be
substantial improvement in each year of this declared in substantial default. In
two year period. accordance with SEC. Sec. 902.79, the
(3) The following example illustrates Assistant Secretary shall notify the PHA of
the provisions of paragraph (g)(1) of this the default and allow the PHA an
section: opportunity to cure the default. A PHA shall
Example: A PHA receives a score of 50 be referred to the DEC if the PHA fails to
percent; 60 percent is a passing score. The cure the default within the a period not to
PHA is referred to the TARC. Within one exceed 30 days unless the Assistant
year after the score is issued to the PHA, the Secretary for Public and Indian Housing
PHA must achieve a 55 (50% of the points determines that a longer period is
necessary to achieve a passing score of 60 appropriate.
points) to continue recovery efforts in the (2) Actions of the DEC. The DEC shall
TARC. In the second year, the PHA must initiate:
achieve a minimum score of 60 points (a (i) The judicial appointment of a
passing score). If in the first year, the PHA receiver, or
fails to achieve the five-point increase,the (ii) An administrative receivership at
PHA will be referred to the DEC. If in the HUD's option but only:
first year, the PHA achieves the five-point (A) With respect to PHAs with fewer
increase but fails to achieve a passing score than 1250 units, or
in the second year, the PHA will be referred (B) While HUD's petition for judicial
to the DEC. The maximum period of time receivership is pending; and
for {[[Page 292]]} (iii) Upon the recommendation of the
remaining in troubled status before Assistant Secretary for Public and Indian
being referred to the DEC is two years. Housing, the interventions provided in SEC.
(h) Audit review. For a PHA designated 902.83, and may initiate such other
as troubled, REAC will perform an audit sanctions available to HUD, including,
review and may, at its discretion, select the limited denial of participation, suspension,
audit firm that will perform the audit of the debarment, and referral to the appropriate
PHA and REAC may, at its discretion, serve Federal government agencies or offices for
as the audit committee for the audit in the imposition of civil or criminal sanctions.
question. (b) Referral of PHAs in Substantial
(i) Continuation of services to Default to the DEC. A PHA that is not
residents. To the extent feasible, while a designated as troubled but that has been
PHA is under a referral to a TARC, all found to be in substantial default under the
services to residents will continue provisions of SEC. 902.79 shall also be
uninterrupted. referred to the DEC. The Assistant Secretary
for Public and Indian Housing makes the

determination that a PHA is in substantial conditions shall constitute substantial
default. In accordance with SEC. 902.79, the default.
Assistant Secretary shall notify the PHA of (1) HUD may determine that events
the default and allow the PHA an have occurred or that conditions exist that
opportunity to cure the default. If the PHA constitute a substantial default if a PHA is
fails to cure the default within the specified determined to be in violation of Federal
period time, the PHA shall be referred to the statutes, including but not limited to, the
DEC. The DEC shall initiate the judicial Act, or in violation of regulations
appointment of a receiver or the implementing such statutory requirements,
interventions provided in SEC. 902.83 as whether or not such violations would
recommended by the Assistant Secretary for constitute a substantial breach or default
Public and Indian Housing and may initiate under provisions of the relevant ACC.
such other sanctions available to HUD, (2) HUD may determine that a PHA's
including, limited denial of participation, failure to satisfy the terms of a
suspension, debarment, and referral to the memorandum of agreement entered into in
appropriate Federal government agencies or accordance with SEC. 902.75, or to make
offices for the imposition of civil or criminal reasonable progress to execute or meet
sanctions. requirements included in a memorandum of
(c) Receivership/Possession of PHA by agreement, are events or conditions that
HUD. (1) If a judicial receiver is appointed, constitute a substantial default.
the receiver, in addition to the powers (3) HUD shall determine that a PHA
provided by the court, shall have available that has been designated as troubled and
the powers provided by section 6(j)(3)(C) of does not show substantial improvement, as
the Act (42 U.S.C. 1437d(j)(3)(C)). defined in SEC. 902.75(g)(2), is in
(2) If HUD assumes responsibility for substantial default.
all or part of the PHA, the Secretary of HUD (4) HUD may declare a substantial
shall have available the powers provided by breach or default under the ACC, in
section 6(j)(3)(D) of the Act (42 U.S.C. accordance with its terms and conditions.
1437d(j)(3)(D)). (5) HUD may determine that the events
(3) If an administrative receiver is or conditions constituting a substantial
appointed, the Secretary may delegate to the default are limited to a portion of a PHA's
administrative receiver any of the powers public housing operations, designated either
provided to the Secretary as described in by program, by operational area, or by
paragraph (e)(2) of this section, in development(s).
accordance with section 6(j)(3)(D). (b) Notification of substantial default
(4) The appointments of receivers, the and response. If information from an annual
actions of receivers, and HUD's assessment or audit, or any other credible
responsibilities toward the receivers are source (including but not limited to the
governed by the provisions of section Office of Fair Housing Enforcement, the
6(j)(3). Office of the Inspector General, a judicial
(d) To the extent feasible, while a PHA referral or a referral from a mayor or other
is under a referral to the DEC, all services to official) indicates that there may exist events
residents will continue uninterrupted. or conditions constituting a substantial
[65 FR 1738, Jan. 11, 2000, as breach or default, HUD shall advise a PHA
amended at 65 FR 36046, June 6, 2000] of such information. HUD is authorized to
{[[Page 293]]} protect the confidentiality of the source(s) of
such information in appropriate cases.
Sec. 902.79 Substantial default. Before taking further action, except in cases
(a) Events or conditions that constitute of apparent fraud or criminality, and/or in
substantial default. The following events or cases where emergency conditions exist
posing an imminent threat to the life, health,
or safety of residents, HUD shall afford the permitted in the notification, factual error in
PHA a timely opportunity to initiate HUD's description of events, occurrences, or
corrective action, including the remedies and conditions, {[[Page 294]]}
procedures available to PHAs designated as or show that the events, occurrences, or
troubled PHAs, or to demonstrate that the conditions do not constitute noncompliance
information is incorrect. with the statute, regulation, or covenants or
(1) Form of notification. Upon a conditions to which the PHA is cited in the
determination or finding that events have notification.
occurred or that conditions exist that (3) Waiver of notification. A PHA may
constitute a substantial default, the Assistant waive, in writing, receipt of explicit notice
Secretary shall provide written notification from HUD as to a finding of substantial
of such determination or finding to the default, and voluntarily consent to a
affected PHA. Written notification shall be determination of substantial default. The
transmitted to the Executive Director, the PHA must concur on the existence of
Chairperson of the Board, and the substantial default conditions which can be
appointing authority(ies) of the Board, and remedied by technical assistance, and the
shall include, but is not limited to: PHA shall provide HUD with written
(i) Identification of the specific assurances that all deficiencies will be
covenants, conditions, and/or agreements addressed by the PHA. HUD will then
under which the PHA is determined to be in immediately proceed with interventions as
noncompliance; provided in SEC. 902.83.
(ii) Identification of the specific events, (4) Emergency situations. In any
occurrences, or conditions that constitute the situation determined to be an emergency, or
determined noncompliance; in any case where the events or conditions
(iii) Citation of the communications precipitating the intervention are determined
and opportunities to effect remedies to be the result of criminal or fraudulent
afforded pursuant to paragraph (a) of this activity, the Secretary or the Secretary's
section; designee is authorized to intercede to protect
(iv) Notification to the PHA of a the residents' and HUD's interests by
specific time period, to be not less than 10 causing the proposed interventions to be
calendar days, except in cases of apparent implemented without further appeals or
fraud or other criminal behavior, and/or delays.
under emergency conditions as described in [65 FR 1738, Jan. 11, 2000, as
paragraph (b)(4) of this section, nor more amended at 65 FR 36046, June 6, 2000]
than 30 calendar days, during which the
PHA shall be required to demonstrate that Sec. 902.83 Interventions.
the determination or finding is not (a) Interventions under this part
substantively accurate; and (including an assumption of operating
(v) Notification to the PHA that, absent responsibilities) may be limited to one or
a satisfactory response in accordance with more of a PHA's specific operational areas
paragraph (b) of this section, HUD will refer (e.g., maintenance, modernization,
the PHA to the Enforcement Center, using occupancy, or financial management) or to a
any or all of the interventions specified in single development or a group of
SEC. 902.83, and determined to be developments. Under this limited
appropriate to remedy the noncompliance, intervention procedure, HUD could select,
citing SEC. 902.83, and any additional or participate in the selection of, an AME to
authority for such action. assume management responsibility for a
(2) Receipt of notification. Upon specific development, a group of
receipt of the notification described in developments in a geographical area, or a
paragraph (b)(1) of this section, the PHA specific operational area, while permitting
must demonstrate, within the time period

the PHA to retain responsibility for all cured or the public housing agency is
programs, operational areas, and capable again of discharging its duties.
developments not so designated. (e) HUD may take the actions
(b) Upon determining that a substantial described in this part sequentially or
default exists under this part, HUD may simultaneously in any combination.
initiate any interventions deemed necessary
to maintain decent, safe, and sanitary Sec. 902.85 Resident petitions
dwellings for residents. Such intervention for remedial action.
may include:
The total number of residents that
(1) Providing technical assistance for
petition HUD to take remedial action
existing PHA management staff;
pursuant to sections 6(j)(3)(A) (i) through
(2) Selecting or participating in the
(iv) of the Act must equal at {[[Page 295]]}
selection of an AME to provide technical
least 20 percent of the residents, or the
assistance or other services up to and
petition must be from an organization or
including contract management of all or any
organizations of residents whose
part of the public housing developments
membership must equal at least 20 percent
administered by a PHA;
of the PHA's residents.
(3) Assuming possession and
operational responsibility for all or any part
of the public housing administered by a
PHA;
(4) Entering into agreements,
arrangements, and/or contracts for or on
behalf of a PHA, or acting as the PHA, and
expending or authorizing the expenditure of
PHA funds, irrespective of the source of
such funds, to remedy the events or
conditions constituting the substantial
default;
(5) The provision of intervention and
assistance necessary to remedy emergency
conditions;
(6) After the solicitation of competitive
proposals, select an administrative receiver
to manage and operate all or part of the
PHA's housing; and
(7) Petition for the appointment of a
receiver to any District Court of the United
States or any court of the State in which real
property of the PHA is located.
(c) The receiver is to conduct the affairs
of the PHA in a manner consistent with
statutory, regulatory, and contractual
obligations of the PHA and in accordance
with such additional terms and conditions
that the court may provide and with section
6(j)(3)(C) of the Act.
(d) The appointment of a receiver
pursuant to this section may be terminated
upon the petition of any party, when the
court determines that all defaults have been
24 CFR 905 Public Housing Capital Fund Program
(B) Housing needs resulting from any
settlement of litigation; and
24 CFR 905 Public (ii) May reserve such other amounts for
other purposes authorized by 42 U.S.C.
Housing Capital Fund 1437g(k).
Program (2) Amounts set aside under paragraph
(b) of this section may be used for assistance
[Code of Federal Regulations] for any eligible use under the Capital Fund,
[Title 24, Volume 4] Operating Fund, or tenant-based assistance
[Revised as of April 1, 2004] in accordance with section 8 of the U.S.
From the U.S. Government Printing Housing Act of 1937 (42 U.S.C. 1437f).
Office via GPO Access (3) The use of any amounts as provided
[Page 354-360] under paragraph (b) of this section relating
TITLE 24--HOUSING AND URBAN to emergencies (other than disasters and
DEVELOPMENT housing needs resulting from settlement of
CHAPTER IX--OFFICE OF litigation) shall be announced subsequently
ASSISTANT SECRETARY FOR PUBLIC through Federal Register notice.
AND INDIAN HOUSING, DEPARTMENT (c) Formula allocation based on relative
OF HOUSING AND URBAN needs. After determining the amounts to be
DEVELOPMENT reserved under paragraph (b) of this section,
PART 905_THE PUBLIC HOUSING HUD shall allocate the amount remaining in
CAPITAL FUND PROGRAM--Table of accordance with the CFF. The CFF
Contents measures the existing modernization needs
and accrual needs of PHAs.
905.10 Capital Fund formula (CFF). (d) Allocation for existing
905.120 Penalties for slow obligation modernization needs under the CFF. HUD
or expenditure of CFP assistance. shall allocate one-half of the available
Capital Fund amount based on the relative
Authority: 42 U.S.C. 1437g and existing modernization needs of PHAs,
3535(d). determined in accordance with this
Source: 65 FR 14426, March 16, 2000, paragraph (d) of this section.
unless otherwise noted. (1) For PHAs greater than or equal to
250 or more units in FFY 1999, except the
Sec. 905.10 Capital Fund New York City and Chicago Housing
formula (CFF). Authorities, estimates of the existing
(a) General. This section describes the modernization need will be based on the
formula for allocation of capital funds to following:
PHAs. The formula is referred to as the (i) Objective measurable data
Capital Fund formula (CFF). concerning the following PHA, community
(b) Emergency reserve and use of and development characteristics applied to
amounts. (1) In each Federal fiscal year after each development:
Federal Fiscal Year (FFY) 1999, from (A) The average number of bedrooms
amounts approved in the appropriation act in the units in a development. (Equation co-
for funding under this part, HUD: efficient: 4604.7);
(i) Shall reserve an amount not to (B) The total number of units in a
exceed that authorized by 42 U.S.C. development as of FFY 1999. (Equation co-
1437g(k) for-- efficient: 10.17);
(A) Use for assistance in connection (C) The proportion of units, as of FFY
with emergencies and other disasters, and 1998, in a development in buildings
completed in 1978 or earlier. In the case of
acquired developments, HUD will use the

Date of Full Availability (DOFA) date (ii) Acquired developments.
unless the PHA provides HUD with the Developments acquired by a PHA with a
actual date of construction. When provided DOFA date of October 1, 1991, or
with the actual date of construction, HUD thereafter, will be considered by HUD to
will use this date (or, for scattered sites, the have a zero existing modernization need.
average dates of construction of all the (3) For PHAs with fewer than 250 units
buildings), subject to a 50-year cap. in FFY 1999, estimates of the existing
(Equation co-efficient: 4965.4); modernization need will be based on the
(D) The cost index of rehabilitating following:
property in the area as of FFY 1999. (i) Objective measurable data
(Equation co-efficient: -10608); concerning the following PHA, community
(E) The extent to which the units of a and development characteristics applied to
development were in a non- each development:
metropolitan area as defined by the (A) The average number of bedrooms
Census Bureau during FFY 1996. (Equation in the units in a development. (Equation co-
co-efficient: 2703.9); efficient: 1427.1);
(F) The PHA is located in the southern (B) The total number of units in a
census region, as defined by the Census development as of FFY 1999. (Equation co-
Bureau. (Equation co-efficient: -269.4); efficient: 24.3);
{[[Page 355]]} (C) The proportion of units, as of FFY
(G) The PHA is located in the western 1998, in a development in buildings
census region, as defined by the Census completed in 1978 or earlier. In the case of
Bureau. (Equation co-efficient: -1709.5); acquired developments, HUD will use the
(H) The PHA is located in the midwest DOFA date unless the PHA provides HUD
census region as defined by the Census with the actual date of construction, in
Bureau. (Equation co-efficient: 246.2) which case HUD will use the actual date of
(ii) An equation constant of 13851. construction (or, for scattered sites, the
(A) Newly constructed units. Units average dates of construction of all the
with a DOFA date of October 1, 1991, or buildings), subject to a 50-year cap.
thereafter, will be considered to have a zero (Equation co-efficient: -1389.7);
existing modernization need. (D) The cost index of rehabilitating
(B) Acquired developments. property in the area, as of FFY 1999.
Developments acquired by a PHA with a (Equation co-efficient: -20163);
DOFA date of October 1, 1991, or (E) The extent to which the units of a
thereafter, will be considered by HUD to development were in a non-
have a zero existing modernization need. metropolitan area as defined by the
(2) For New York City and Chicago Census Bureau during FFY 1996. (Equation
Housing Authorities, based on a large co-efficient: 6157.7);
sample of direct inspections. For purposes of (F) The PHA is located in the southern
this formula, prior to the cost calibration in census region, as defined by the Census
paragraph (d)(4) of this section, the number Bureau. (Equation co-efficient: 4379.2);
used for the existing modernization need of (G) The PHA is located in the western
family developments is $16,680 in New census region, as defined by the Census
York, and $24,286 in Chicago, and the Bureau. (Equation co-efficient: 3747.7);
number for elderly developments is $14,622 (H) The PHA is located in the midwest
in New York, and $16,912 in Chicago. census region as defined by the Census
(i) Newly constructed units. Units with Bureau. (Equation co-efficient: -2073.5)
a DOFA date of October 1, 1991, or (ii) An equation constant of 24762.
thereafter, will be considered to have a zero (A) Newly constructed units. Units
existing modernization need. with a DOFA date of October 1, 1991, or
thereafter, will be considered to have a zero (E) The cost index of rehabilitating
existing modernization need. property in the area, as of FFY 1999.
(B) Acquired developments. (Equation co-efficient: -252.8);
Developments acquired by a PHA with a (F) The extent to which the units of a
DOFA date of October 1, 1991, or development were in a non-
thereafter, will be considered by HUD to metropolitan area as defined by the
have a zero existing modernization need. Census Bureau during FFY 1996. (Equation
(4) Calibration of existing co-efficient: -121.3);
modernization need for cost index of (G) PHA size of 6600 or more units in
rehabilitating property in the area. The FFY 1999. (Equation co-
estimated existing modernization need, as efficient: -150.7);
determined under paragraphs (d)(1), (d)(2) (H) The PHA is located in the southern
or (d)(3) of this section, shall be adjusted by census region, as defined by the Census
the values of the cost index of rehabilitating Bureau. (Equation co-efficient: 28.4);
property in the area. (I) The PHA is located in the western
(e) Allocation for accrual needs under census region, as defined by the Census
the CFF. HUD shall allocate the other half Bureau. (Equation co-efficient: -116.9);
of the remaining Capital Fund amount based (J) The PHA is located in the midwest
on the relative accrual needs of PHAs, census region as defined by the Census
determined in accordance with paragraph (e) Bureau. (Equation co-efficient: 60.7)
of this section. (ii) An equation constant of 1371.9,
(1) For PHAs greater than or equal to (2) For New York City and Chicago
250 or more units, except the New York Housing Authorities, based on a large
City and Chicago Housing Authorities, sample of direct inspections. For purposes of
estimates of the accrual need will be based this formula, prior to the cost calibration in
on the following: paragraph (e)(4) of this section the number
(i) Objective measurable data used for the accrual need of family
concerning the following PHA, community developments is $1,395 in New York, and
and development characteristics applied to $1,251 in Chicago, and the number for
each development: {[[Page 356]]} elderly developments is $734 in New York,
(A) The average number of bedrooms and $864 in Chicago.
in the units in a development. (Equation co- (3) For PHAs with fewer than 250
efficient: 324.0); units, estimates of the accrual need will be
(B) The extent to which the buildings in based on the following:
a development average fewer than 5 units. (i) Objective measurable data
(Equation co-efficient: 93.3); concerning the following PHA, community
(C) The age of a development as of and development characteristics applied to
FFY 1998, as determined by the DOFA each development:
date. In the case of acquired developments, (A) The average number of bedrooms
HUD will use the DOFA date unless the in the units in a development. (Equation co-
PHA provides HUD with the actual date of efficient: 325.5);
construction, in which case HUD will use (B) The extent to which the buildings in
the actual date of construction (or, for a development average fewer than 5 units.
scattered sites, the average dates of (Equation co-efficient: 179.8);
construction of all the buildings), subject to (C) The age of a development as of
a 50-year cap. (Equation co-efficient: -7.8); FFY 1998, as determined by the DOFA
(D) Whether the development is a date. In the case of acquired developments,
family development. (Equation co- HUD will use the DOFA date unless the
efficient: 184.5); PHA provides HUD with the actual date of
construction. When provided with the actual
date of construction, HUD will use this date

(or, for scattered sites, the average dates of date''). Any such increase in units shall
construction of all the buildings), subject to result in an adjustment upwards in the
a 50-year cap. (Equation co-efficient: -9.0); number of units under the CFF. New units
(D) Whether the development is a reaching DOFA after the reporting date will
family development. (Equation co- be counted for CFF purposes as of the
efficient: 59.3); following Federal Fiscal Year.
(E) The cost index of rehabilitating (2) Replacement units. Replacement
property in the area, as of FFY 1999. units newly constructed as of and after
(Equation co-efficient: -1570.5); October 1, 1998 that replace units in a
(F) The extent to which the units of a development funded in FFY 1999 by the
development were in a non- Comprehensive Grant formula system or the
metropolitan area as defined by the Comprehensive Improvement Assistance
Census Bureau during FFY 1996. (Equation Program (CIAP) formula system will be
co-efficient: -122.9); given a new ACC number as a separate
(G) The PHA is located in the southern development and will be treated as a newly
census region, as defined by the Census constructed development.
Bureau. (Equation co-efficient: -564.0); (3) Conversion of units. The total
(H) The PHA is located in the western estimated need (total units times need per
census region, as defined by the Census unit) of the development is unchanged by
Bureau. (Equation co-efficient: -29.6); conversion of unit sizes within buildings.
(I) The PHA is located in the midwest (4) Reduction of units. For
census region as defined by the Census developments losing units as a result of
Bureau. (Equation co-efficient: -418.3) demolition and disposition, the number of
(ii) An equation constant of 3193.6. units on which capital funding is based will
(4) Calibration of accrual need for the be the number of units reported as eligible
cost index of rehabilitating property in the for capital funding as of the reporting date.
area. The estimated accrual need, as Units are eligible for funding until they are
determined under either paragraph (e)(2) or removed due to demolition and disposition
(e)(3) of this section, shall be adjusted by in accordance with a schedule approved by
the values of the cost index of rehabilitation. HUD.
(f) Calculation of number of units. (1) (g) Computation of formula shares
General. For purposes of determining the under the CFF. (1) Total estimated existing
number of a PHA's public housing units, and modernization need. The total estimated
the relative modernization needs of PHAs: existing modernization need of a PHA under
(i) HUD shall count as one unit: the CFF is the result of multiplying for each
(A) Each public housing and section 23 development the PHA's total number of
bond-financed unit under the ACC, except formula units by its estimated existing
that it shall count as one-fourth {[[Page modernization need per unit, as determined
357]]} by paragraph (d) of this section, and
of a unit each existing unit under calculating the sum of these estimated
Turnkey III program. Units receiving development needs.
operating subsidy only shall not be counted. (2) Total accrual need. The total accrual
(B) Each existing unit under the Mutual need of a PHA under the CFF is the result of
Help program. multiplying for each development the PHA's
(ii) HUD shall add to the overall unit total number of formula units by its
count units that are added to a PHA's estimated accrual need per unit, as
inventory so long as the units are under determined by paragraph (e) of this section,
ACC amendment and have reached DOFA and calculating the sum of these estimated
by the date that HUD establishes for the accrual needs.
Federal Fiscal Year in which the CFF is (3) PHA's formula share of existing
being run (hereafter called the ``reporting modernization need. A PHA's formula share
of existing modernization need under the calculations qualify for application of a
CFF is the PHA's total estimated existing replacement housing factor, subject to
modernization need divided by the total satisfaction of criteria stated in paragraph
existing modernization need of all PHAs. (i)(5) of this section.
(4) PHA's formula share of accrual (2) When applied. The replacement
need. A PHA's formula share of accrual housing factor will be added, where
need under the CFF is the PHA's total applicable:
estimated accrual need divided by the total (i) For the first 5 years after the
existing accrual need of all PHAs. reduction in units described in paragraph
(5) PHA's formula share of capital (i)(1) of this section, and
need. A PHA's formula share of capital need (ii) For an additional 5 years if the
under the CFF is the average of the PHA's planning, leveraging, obligation and
share of existing modernization need and its expenditure requirements are met. As a prior
share of accrual need (by which method condition of a PHA's receipt of additional
each share is weighted 50%). funds for replacement housing provided for
(h) CFF capping. (1) For units that are the second 5-year period or any portion
eligible for funding under the CFF thereof, a PHA must obtain a firm
(including replacement housing units commitment of substantial additional funds
discussed below) a PHA's CFF share will be other than public housing funds for
its share of capital need, as determined replacement housing, as determined by
under the CFF, subject to the condition that HUD.
no PHA's CFF share for units funded under (3) Computation of replacement
CFF can be less than 94% of its formula housing factor. The replacement housing
share had the FFY 1999 formula system factor consists of the difference between the
been applied to these CFF eligible units. The CFF share without the CFF share reduction
FFY 1999 formula system is based upon the of units attributable to demolition and
FFY 1999 Comprehensive Grant formula disposition, and the CFF share that resulted
system for PHAs with 250 or more units in after the reduction of units attributable to
FFY 1999 and upon the FFY 1999 demolition and disposition.
Comprehensive Improvement Assistance (4) Replacement housing funding in
Program (CIAP) formula system for PHAs FFY 1998 and 1999. Units that received
with fewer than 250 units in FFY 1999. replacement housing funding in FFY 1998
(2) For a Moving to Work PHA whose will be treated as if they had received two
agreement provides that its capital formula years of replacement housing funding by
share is to be calculated in accordance with FFY 2000. Units that received replacement
the previously existing formula, the PHA's housing funding in FFY 1999 will be treated
CFF share, during the term of the as if they had received one year of
agreement, may be approximately the replacement housing funding as of FFY
formula share that the PHA would have 2000.
received had the FFY 1999 formula funding (5) PHA eligibility for replacement
system been applied to the CFF eligible housing factor. A PHA is eligible for
units. {[[Page 358]]} application of this factor only if the PHA
(i) Replacement housing factor to satisfies the following criteria:
reflect formula need for developments with (i) The PHA requests the application of
demolition and disposition occurring on or the replacement factor;
after October 1, 1998--(1) Replacement (ii) The PHA will use the funding in
housing factor generally. PHAs that have a question only for replacement housing;
reduction in units attributable to demolition (iii) The PHA will use the restored
and disposition of units during the period funding that results from the use of the
(reflected in data maintained by HUD) that replacement factor to provide replacement
lowers the formula unit count for the CFF housing in accordance with the PHA's five-

year PHA plan, as approved by HUD under as a result of the replacement housing factor
part 903 of this chapter; within: {[[Page 359]]}
(iv) The PHA has not received funding (A) 24 months from the date that funds
for public housing units that will replace the become available to the PHA; or
lost units under the public housing (B) With specific HUD approval, 24
development, Major Reconstruction of months from the date that the PHA
Obsolete Public Housing, HOPE VI accumulates adequate funds to undertake
programs, or programs that otherwise replacement housing.
provide for replacement with public housing (ii) To the extent the PHA has not
units; obligated any funds provided as a result of
(v) The PHA, if designated troubled by the replacement housing factor within the
HUD and not already under the direction of times required by this paragraph, or
HUD or a court-appointed receiver, in expended such funds within a reasonable
accordance with part 902 of this chapter, time, HUD shall reduce the amount of funds
uses an Alternative Management Entity as to be provided to the PHA as a result of the
defined in part 902 of this chapter for application of the second 5 years of the
development of replacement housing and replacement housing factor.
complies with any applicable provisions of (j) Performance reward factor. (1)
its Memorandum of Agreement executed PHAs that are designated high performers
with HUD under that part; and under the Public Housing Assessment
(vi) The PHA undertakes any System (PHAS) for their most recent fiscal
development of replacement housing in year can receive a performance bonus that
accordance with applicable HUD is:
requirements and regulations. (i) 3% above their base formula amount
(6) Failure to provide replacement in the first five years these awards are given
housing in a timely fashion. (i) A PHA will (for any year in this 5-year period in which
be subject to the actions described in the performance reward is earned); and
paragraph (i)(7)(ii) of this section if the (ii) 5% above their base formula
PHA does not: amount in future years (for any year in
(A) Use the restored funding that which the performance reward is earned).
results from the use of the replacement (2) The performance bonus is subject
housing factor to provide replacement only to the condition that no PHA will lose
housing in a timely fashion, as provided in more than 5% of its base formula amount as
paragraph (i)(7)(i) of this section and in a result of the redistribution of funding from
accordance with applicable HUD non-high performers to high performers.
requirements and regulations; and (k) Eligible expenses. (1) Eligible
(B) Make reasonable progress on such expenses include the following:
use of the funding, in accordance with HUD (i) Development, financing, and
requirements and regulations. modernization of public housing projects,
(ii) If a PHA fails to act as described in including the redesign, reconstruction, and
paragraph (i)(6)(i), HUD will require reconfiguration of public housing sites and
appropriate corrective action under these buildings (including accessibility
regulations; may recapture and reallocate the improvements) and the development of
funds; or may take other appropriate action. mixed-finance projects;
(7) Requirement to obligate and expend (ii) Vacancy reduction;
replacement housing factor funds within (iii) Addressing deferred maintenance
specified period. (i) In addition to the needs and the replacement of obsolete utility
requirements otherwise applicable to systems and dwelling equipment;
obligation and expenditure of funds, PHAs (iv) Planned code compliance;
are required to obligate assistance received (v) Management improvements;
(vi) Demolition and replacement;
(vii) Resident relocation; (b) Exceptions to obligation
(viii) Capital expenditures to facilitate requirement--(1) Extension before
programs to improve the empowerment and expiration of obligation period. A PHA may
economic self-sufficiency of public housing request and HUD may approve a longer
residents and to improve resident timeframe or HUD may, by prior approval
participation; granted before the expiration of the time
(ix) Capital expenditures to improve the period in paragraph (a) of this section,
security and safety of residents; and extend the time period under paragraph (a)
(x) Homeownership activities, of this section for an additional period not to
including programs under section 32 of the exceed 12 months, based on:
1937 Act (42 U.S.C. 1437z-4). (i) The size of the PHA;
(2) Such assistance may involve the (ii) The complexity of the capital
drawdown of funds on a schedule program of the PHA; {[[Page 360]]}
commensurate with construction draws for (iii) Any limitation on the ability of the
deposit into an interest earning escrow PHA to obligate the amounts allocated for
account to serve as collateral or credit the PHA from the Capital Fund in a timely
enhancement for bonds issued by a public manner as a result of state or local law; or
agency for the construction or rehabilitation (iv) Such other factors as HUD
of the development. determines to be relevant.
[65 FR 14426, March 16, 2000, as (2) Extension of obligation period.
amended at 65 FR 25446, May 2, 2000] HUD may extend the time period under
paragraph (a) of this section for a PHA, for
Sec. 905.120 Penalties for such period as HUD determines to be
necessary, if HUD determines that the
slow obligation or failure of the agency to obligate assistance
expenditure of CFP in a timely manner is attributable to:
assistance. (i) Litigation;
In addition to any other statutory, (ii) Obtaining approvals of the federal
regulatory, or contractual sanctions available government or a state or local government;
to HUD, the penalties for slow obligation or (iii) Complying with environmental
expenditure of CFP assistance will be assessment and abatement requirements;
applied as follows: (iv) Relocating residents;
(a) Obligation of amounts. (1) Except (v) An event beyond the control of the
as provided in paragraph (b) of this section, PHA; or
a PHA must obligate any assistance received (vi) Any other reason established by
under this part not later than 24 months HUD by notice published in the Federal
after, as applicable: Register.
(i) The date on which the funds become (3) Disregard of minimal unobligated
available to the PHA for obligation in the amounts. HUD will disregard the
case of modernization; or requirements of paragraph (a) of this section
(ii) The date on which the PHA with respect to any unobligated amounts
accumulates adequate funds to undertake made available to a PHA, to the extent that
modernization, substantial rehabilitation, or the total of such amounts does not exceed 10
new construction of units. percent of the original amount made
(2) Notwithstanding paragraph (a)(1) of available to the PHA.
this section, any funds appropriated to a (c) Effect of failure to comply--(1)
PHA for Fiscal Year 1997 or prior fiscal Prohibition of new assistance. A PHA will
years shall be fully obligated by the PHA not be awarded CFP assistance for any
not later than September 30, 1999. month during any fiscal year in which the
PHA has funds unobligated in violation of
paragraph (a) or (b) of this section.

(2) Withholding of assistance. During
any fiscal year described in paragraph (c)(1)
of this section, HUD will withhold all 24 CFR 941 Public
assistance that would otherwise be provided
to the PHA. If the PHA cures its failure to Housing Development
comply during the year, it shall be provided [Code of Federal Regulations]
with the share attributable to the months [Title 24, Volume 4]
remaining in the year. [Revised as of April 1, 2004]
(3) Redistribution. The total amount of From the U.S. Government Printing
any funds not provided PHAs by operation Office via GPO Access
of this section shall be allocated for PHAs [Page 373-397]
determined to be high-performing under the TITLE 24--HOUSING AND URBAN
Public Housing Assessment System (at 24 DEVELOPMENT
CFR part 902) (or the applicable CHAPTER IX--OFFICE OF
performance evaluation program for public ASSISTANT SECRETARY FOR PUBLIC
housing). AND INDIAN HOUSING, DEPARTMENT
(d) Expenditure of amounts--(1) In OF HOUSING AND URBAN
general. A PHA must spend any assistance DEVELOPMENT
received under this part not later than four PART 941_PUBLIC HOUSING
years (plus the period of any extension DEVELOPMENT
approved by HUD under paragraph (b) of
this section) after the date on which funds Subpart A_General
become available to the PHA for obligation. 941.101 Purpose and scope.
(2) Enforcement. HUD will enforce the 941.102 Development methods and
requirement of paragraph (d)(1) of this funding.
section through default remedies up to and 941.103 Definitions.
including withdrawal of the CFP funding.
(e) Right of recapture. Any obligation Subpart B_PHA Eligibility and
entered into by a PHA is subject to the Program Requirements
HUD's right to recapture the obligated 941.201 PHA eligibility.
amounts for violation by the PHA of the 941.202 Site and neighborhood
requirements of this section. standards.
[68 FR 45731, Aug. 1, 2003] 941.203 Design and construction
standards.
941.205 PHA contracts.
941.207 Displacement, relocation, and
acquisition.
941.208 Other Federal requirements.
941.209 Audit.
Subpart C_Application and Proposal

941.301 Application.
941.302 Annual contributions contract;
drawdowns and advances.
941.303 Site acquisition proposal.
941.304 Full proposal content.
941.305 Technical processing and
approval.
941.306 Maximum project cost.
Subpart D_Project Development

24 CFR 941 Public Housing Development
941.401 Site and property acquisition. (b) Scope. This part is the regulation
941.402 Project design and under which a PHA develops low-income
construction. housing (excluding Indian housing), herein
941.403 Acceptance of work and called public housing.
contract settlement. (c) Approved information collections.
941.404 Completion of development. The following sections of this part have
been approved by the Office of Management
Subpart E_Performance Review and Budget in accordance with the
941.501 HUD review of PHA Paperwork Reduction Act of 1995 (42
performance; sanctions. U.S.C. 3501-
3520) and assigned the OMB approval
Subpart F_Public/Private Partnerships numbers indicated:
for the Mixed Finance Development of ------------------------------------------------
Public Housing Units ----
941.600 Purpose. Approval
941.602 Applicability of other No. Sections
requirements. ------------------------------------------------
941.604 Definitions. ----
941.606 Proposal. 2577-0033 941.207, 941.301, 941.303,
941.608 Technical processing and 941.304, 941.606, 941.610.
approval. {[[Page 374]]} 2577-0036 941.205, 941.404.
941.610 Evidentiary materials and 2577-0039 941.402.
other documents. ------------------------------------------------
941.612 Disbursement of grant funds. ----
941.614 HUD monitoring and review.
941.616 Sanctions. [61 FR 38016, July 22, 1996, as
amended at 64 FR 13511, Mar. 19, 1999]
Authority: 42 U.S.C. 1437b, 1437c, Effective Date Notes: At 61 FR 38016,
1437g, and 3535(d). July 22, 1996, SEC. 941.101 was revised.
Source: 45 FR 60838, Sept. 12, 1980, This section contains information collection
unless otherwise noted. Redesignated at 49 and recordkeeping requirements and will not
FR 6714, Feb. 23, 1984. become effective until approval has been
given by the Office of Management and
Subpart A_General Budget. When approval is obtained, HUD
will publish notice of the effective date in
Sec. 941.101 Purpose and the Federal Register.
scope.
Sec. 941.102 Development
(a) Purpose. The U.S. Housing Act of
1937 (Act), 42 U.S.C. 1437, authorizes
methods and funding.
HUD to assist public housing agencies (a) Methods. A PHA may use any
(PHAs) with the development and operation generally accepted method of development
of low-income housing projects and including, but not limited to, conventional,
financial assistance in the form of grants (42 turnkey, acquisition with or without
U.S.C. 1437c, 1437g, and 1437l). The rehabilitation, mixed-finance, and force
purpose of the program is to develop units account.
which serve the needs of public housing (1) Conventional. Under this method,
residents over the long term and have the the PHA is responsible for selecting a site or
lowest possible life cycle costs, taking into property and designing the project. The
account future operating and replacement PHA advertises for competitive bids to build
costs, as well as original capital investments. or rehabilitate the development on the PHA-

owned site. The PHA awards a construction (b) Funding. A PHA may develop
contract in accordance with 24 CFR part 85. public housing with:
The contractor receives progress payments (1) Development funds reserved by
from the PHA during construction or HUD for that purpose;
rehabilitation and a final payment upon (2) Modernization funds under section
completion of the project in accordance with 14 of the Act (42 U.S.C. 1437l), to the
the construction contract. The conventional extent authorized by law and under
method may be used for either new procedures approved by HUD; and/or
construction or rehabilitation. (3) Funds available to it from any other
(2) Turnkey. The turnkey method source, consistent with SEC. 941.306(e), or
involves the advertisement and selection of a as may be otherwise approved by HUD.
turnkey developer by the PHA, based on the (c) Limit on number of units. (1)
best housing package for a site or property General. A PHA may not develop public
owned or to be purchased by the developer. housing pursuant to this part beyond the
Following HUD approval of the PHA's full lesser of the number of units that the PHA
proposal, the developer prepares the design had under ACC on August 21, 1996, or the
and construction documents. The PHA and number of units for which it was receiving
the developer execute the contract of sale to operating subsidy on that date, unless
implement the PHA's full proposal. The authorized by HUD. HUD may condition
developer is responsible for providing a such authorization on the PHA's agreement
completed housing project, which includes that such incremental units, once developed,
obtaining construction financing. Upon will be ineligible for capital and/or operating
completion of project construction or subsidies from HUD.
rehabilitation in accordance with the (2) Replacement housing units. With
contract of sale, the PHA purchases the respect to units constructed to replace public
development from the developer. This housing units that were demolished or
method may be used for either new disposed of, a PHA may use (in whole or in
construction or rehabilitation. part) funding from non-HUD sources or
(3) Acquisition. The acquisition method from HUD funding not provided under the
involves a purchase of existing property that Act. However, development of such units
requires little or no repair work. Any needed must be approved by HUD in advance for
repair work is completed after acquisition, them to be eligible for inclusion under the
either by the PHA contracting to have the ACC.
work done or by having the staff of the PHA [61 FR 38016, July 22, 1996, as
perform the work. amended at 67 FR 76101, Dec. 10, 2002]
(4) Mixed-finance. This method
involves financing from both public and Sec. 941.103 Definitions.
private sources and may involve ownership The terms HUD and Public Housing
of the public housing units by an entity other Agency (PHA) are defined in 24 CFR part 5.
than the PHA. This method of development Act. The U.S. Housing Act of 1937 (42
may be carried out {[[Page 375]]} U.S.C. 1437).
by a PHA only in accordance with the Additional Project Costs (APC) means
requirements set forth in subpart F. the sum of the following HUD-
(5) Force account. The force account approved costs related to the
method involves use of PHA staff to carry development of a public housing project,
out new construction or rehabilitation. A which costs are not subject to the Total
PHA may only develop a full proposal based Development Cost limit but are included in
on the force account method if HUD has the maximum project cost, as described in
determined that the PHA has the capability SEC. 941.306:
to develop successfully the public housing
units using this method.
(1) Demolition of, or remediation of agrees to purchase a completed {[[Page
environmental hazards associated with, 376]]}
public housing units that will not be project after construction or
replaced on the site; and rehabilitation by a developer using the
(2) Extraordinary site costs that have turnkey development method.
been verified by an independent registered Cooperation Agreement. An agreement
engineer (e.g., removal of underground between a PHA and the applicable local
utility systems, and replacement of off-site governing body or bodies which assures
underground utility systems, extensive rock exemption from real and personal property
and/or soil removal and replacement, and taxes, provides for local support and
amelioration of unusual site conditions such services for the development and operation
as unusual slopes, terraces, water of a public housing project, and provides for
catchments, lakes, etc.) PHA payments in lieu of taxes.
Annual Contributions Contract (ACC). Design documents. The preliminary
A contract (in the form prescribed by HUD) drawings and specifications and the
for loans and contributions, which may be in preliminary rehabilitation work write-ups,
the form of grants, whereby HUD agrees to where applicable, in sufficient detail to
provide financial assistance and the PHA define the extent of construction or
agrees to comply with HUD requirements rehabilitation and demonstrate compliance
for the development and operation of a with HUD design and construction
public housing project. standards.
Community Renewal Cost (CRC) Housing Construction Cost (HCC)
means the sum of the following HUD- means the sum of the following HUD-
approved costs related to the approved costs related to the
development of a public housing project: development of a public housing project:
planning (including proposal preparation), dwelling unit hard costs (including
administration, site acquisition, relocation, construction and equipment); builder's
demolition of, and site remediation of overhead and profit; the cost of extending
environmental hazards associated with, utilities from the street to the public housing
public housing units that will be replaced on project; finish landscaping; and the payment
the project site, interest and carrying of Davis-Bacon wage rates.
charges, off-site facilities, community Proposal. A document submitted by a
buildings and non-dwelling facilities, PHA to HUD, in accordance with subpart C
contingency allowance, insurance of this part, for approval of the development
premiums, any initial operating deficit, on- of a public housing project. As used in this
site streets, on-site utilities, and other costs part, ``proposal'' refers to both the ``site
necessary to develop the project that are not acquisition proposal'' (SEC. 941.303), and
covered under APC or Housing the ``full proposal'' (SEC. 941.304), unless
Construction Cost. specifically indicated otherwise.
Construction Contract. A contract Public housing capital assistance means
between the PHA and a contractor to build assistance provided by HUD under the Act
or rehabilitate a project using the or the HOPE VI program in connection with
conventional development method. the development of public housing under
Construction documents. The working this part, including: Capital Fund assistance
drawings and construction specifications and provided under section 9(d) of the Act,
the rehabilitation work write-ups, where public housing development assistance
applicable, that set forth the work to be done provided under section 5 of the Act,
under a construction contract or contract of Operating Fund assistance used for capital
sale. purposes under section 9(g)(1) or (g)(2) of
Contract of sale. A contract between the Act, and HOPE VI grant assistance.
the PHA and a developer whereby the PHA

Reformulation. The procedure by to develop and implement the PHA's
which HUD approves division of a project proposal. HUD shall review the solicitation
(including units and related funds) into two and the selection before award of a contract
or more projects, or combining two or more is made by such a PHA.
projects into one, or redistributing units and (d) Local cooperation. The PHA must
related funds in a project among two or provide a cooperation agreement between
more projects, in order to provide PHAs the PHA and the applicable local governing
with the flexibility to adapt to site body for the area in which the public
availability, to resolve development housing project is to be located as evidence
problems, to acquire buildings ready for that the local governing body will provide
development (before acquisition of other the local cooperation required by HUD
buildings), and to save on interest and initial pursuant to the Act. This local cooperation
operating costs. shall {[[Page 377]]}
Total Development Cost (TDC) limit. include exemption from real and
The maximum amount of public housing personal property taxes, acceptance of PHA
capital assistance that can be used to pay for payments in lieu of taxes, and the provision
Housing Construction Costs and at no cost or at no greater cost by the local
Community Renewal Costs in connection governing body of the same public services
with the development of a public housing and facilities normally furnished to others in
project, as determined under SEC. the community.
941.306(b)(2). The TDC limit does not [45 FR 60838, Sept. 12, 1980.
apply to Additional Project Costs. Redesignated at 49 FR 6714, Feb. 23, 1984,
[45 FR 60838, Sept. 12, 1980, as as amended at 61 FR 38017, July 22, 1996]
amended at 56 FR 13282, Apr. 1, 1991; 58
FR 62524, Nov. 29, 1993; 61 FR 5214, Feb. Sec. 941.202 Site and
9, 1996; 61 FR 38017, July 22, 1996; 62 FR neighborhood standards.
27125, May 16, 1997; 67 FR 76101, Dec.
Proposed sites for public housing
10, 2002]
projects to be newly constructed or
rehabilitated must be approved by the field
Subpart B_PHA Eligibility office as meeting the following standards:
and Program Requirements (a) The site must be adequate in size,
exposure and contour to accommodate the
Sec. 941.201 PHA eligibility. number and type of units proposed, and
(a) General. In order to participate in adequate utilities (e.g., water, sewer, gas and
the public housing program, a PHA must be electricity) and streets must be available to
approved as an eligible PHA. HUD will service the site.
determine eligibility based on a showing that (b) The site and neighborhood must be
the PHA has the legal authority and local suitable from the standpoint of facilitating
cooperation required by this part. and furthering full compliance with the
(b) Legal authority. The PHA must applicable provisions of Title VI of the Civil
demonstrate that it has the legal authority to Rights Act of 1964, Title VIII of the Civil
develop, own, and operate a public housing Rights Act of 1968, E.O. 11063, and HUD
project under the Act. regulations issued pursuant thereto.
(c) Troubled PHAs. Unless HUD (c)(1)The site for new construction
determines that a PHA that has been projects must not be located in:
classified as troubled or modernization- (i) An area of minority concentration
troubled, in accordance with 24 CFR part unless (A) sufficient, comparable
901, has adequate capacity to develop public opportunities exist for housing for minority
housing units, the PHA so classified shall families, in the income range to be served by
engage a HUD-approved program manager the proposed project, outside areas of
minority concentration, or (B) the project is program to remedy the undesirable
necessary to meet overriding housing needs conditions.
which cannot otherwise feasibly be met in (f) The site must comply with any
that housing market area. An `òverriding applicable conditions in the local plan
need'' may not serve as the basis for approved by HUD.
determining that a site is acceptable if the (g) The housing must be accessible to
only reason the need cannot otherwise social, recreational, educational,
feasibly be met is that discrimination on the commercial, and health facilities and
basis of race, color, religion, creed, sex, or services, and other municipal facilities and
national origin renders sites outside areas of services that are at least equivalent to those
minority concentration unavailable; or typically found in neighborhoods consisting
(ii) A racially mixed area if the project largely of similar unassisted standard
will cause a significant increase in the housing.
proportion of minority to non-minority (h) Travel time and cost via public
residents in the area. transportation or private automobile, from
(2) Notwithstanding any other the neighborhood to places of employment
provision of this paragraph (c), public providing a range of jobs for low-income
housing units constructed after demolition of workers, must not be excessive. (While it is
public housing units may be built on the important that elderly housing not be totally
original public housing site, or in the same isolated from employment opportunities,
neighborhood, if one of the following this requirement need not be adhered to
criteria is satisfied: rigidly for such projects.) {[[Page 378]]}
(i) The number of public housing units (i) The project may not be built on a
being constructed is no more than 50 percent site that has occupants unless the relocation
of the number of units in the original requirements referred to in SEC. 941.207 are
project; met.
(ii) In the case of replacement of a (j) The project may not be built in an
currently occupied project, the number of area that has been identified by HUD as
public housing units being constructed is the having special flood hazards and in which
minimum number needed to house current the sale of flood insurance has been made
residents who want to remain at the site; or available under the National Flood
(iii) The public housing units being Insurance Act of 1968, unless the project is
constructed constitute no more than twenty- covered by flood insurance as required by
five units. the Flood Disaster Protection Act of 1973,
(d) The site must promote greater and it meets any relevant HUD standards
choice of housing opportunities and avoid and local requirements.
undue concentration of assisted persons in [45 FR 60838, Sept. 12, 1980.
areas containing a high proportion of low- Redesignated at 49 FR 6714, Feb. 23, 1984,
income persons. as amended at 61 FR 38017, July 22, 1996]
(e) The site must be free from adverse
environmental conditions, natural or Sec. 941.203 Design and
manmade, such as instability, flooding, construction standards.
septic tank back-ups, sewage hazards or
(a) Physical structures shall be
mudslides; harmful air pollution, smoke or
designed, constructed and equipped so as to
dust; excessive noise vibration, vehicular
improve or harmonize with the
traffic, rodent or vermin infestation; or fire
neighborhoods they occupy, meet
hazards. The neighborhood must not be one
contemporary standards of modest comfort
which is seriously detrimental to family life
and liveability, promote security, and be
or in which substandard dwellings or other
attractive and marketable to the people they
undesirable elements predominate, unless
are intended to serve. Building design and
there is actively in progress a concerted

construction shall strive to encourage in HUD review or approval with the exception
residents a proprietary sense, whether or not of:
homeownership is intended or contemplated. (1) All forms of site or property
(b) Projects must comply with: acquisition contracts regardless of
(1) A national building code, such as development method; and
Uniform Building Code, Council of (2) Contracts whose amount exceeds a
American Building Officials Code, or contract approval threshold established by
Building Officials Conference of America HUD for that PHA; and
Code; (3) A contract for the selection of a
(2) Applicable State and local laws, program manager to develop and implement
codes, ordinances, and regulations; and the PHA's proposal (see SEC. 941.201(c)).
(3) Other Federal requirements, (d) Each PHA shall certify before
including any Federal fire-safety executing any contract with a contractor that
requirements and HUD minimum property the contractor is not suspended, debarred, or
standards (e.g., 24 CFR part 200, subpart S, otherwise ineligible under 24 CFR part 24.
and SEC. 941.208). The PHA also shall ensure that all
(c) Projects for families with children subgrantees, contractors, and subcontractors
shall consist to the maximum extent select only contractors who are not listed as
practicable of low-density housing (e.g., suspended, debarred, or otherwise ineligible
non-elevator structures, scattered sites or under 24 CFR part 24.
other types of low-density developments [61 FR 38018, July 22, 1996]
appropriate in the community). Effective Date Note: At 61 FR 38018,
(d) High-rise elevator structures shall July 22, 1996, SEC. 941.205 was revised.
not be provided for families with children This section contains information collection
regardless of density, unless the PHA and recordkeeping requirements and will not
demonstrates and HUD determines that become effective until approval has been
there is no practical alternative. High-rise given by the Office of Management and
buildings for the elderly may be used if the Budget. When approval is obtained, HUD
PHA demonstrates and HUD determines will publish notice of the effective date in
that such construction is appropriate, taking the Federal Register. {[[Page 379]]}
into consideration land costs, the safety and
security of the prospective occupants, and Sec. 941.207 Displacement,
the availability of community services. relocation, and acquisition.
[61 FR 38017, July 22, 1996]
(a) Minimizing displacement.
Consistent with the other goals and
Sec. 941.205 PHA contracts. objectives of this part, the PHA shall assure
(a) ACC requirements. In order to be that it has taken all reasonable steps to
considered as eligible project expenses, all minimize the displacement of persons
development related contracts entered into (households, businesses, nonprofit
by the PHA shall provide for compliance organizations, and farms) as a result of a
with the provisions of the ACC. project assisted under this part.
(b) Contract forms. HUD may prescribe (b) Temporary relocation. Only
the form of any development related residential tenants who are eligible under 24
contracts, and the PHA shall use such forms. CFR 913.103 and who meet the PHA
If a form is not prescribed, the PHA may standards for tenancy established pursuant to
develop its own form; however, it must 24 CFR 960.204 will be permitted to
contain all applicable federal requirements. continue in occupancy. Any residential
(c) When HUD approval is required. tenant who (though not required to move
The PHA is authorized to execute all permanently) must relocate temporarily
development-related contracts without prior
(e.g., to permit rehabilitation or major subpart B. With respect to the Turnkey
reconstruction) shall be provided: method of development (see 24 CFR
(1) Reimbursement for all reasonable 941.102(b)), 49 CFR 24.101(a) (1) and (2)
out-of-pocket expenses incurred in apply to the PHA/developer and
connection with the temporary relocation, developer/owner transactions, respectively.
including the cost of moving to and from the (e) Notices. (1) As soon as possible
temporary housing, any increase in monthly after the date described in paragraph
rent/ (h)(1)(i) of this section, the PHA shall issue
utility costs and incidental expenses. a general information notice (described in 49
(2) Appropriate advisory services, CFR 24.203(a)) to each occupant of the
including reasonable advance written notice property.
of: (2) At the time of the initiation of
(i) The date and approximate duration negotiations (defined in paragraph (i) of this
of the temporary relocation; section), the PHA shall issue an appropriate
(ii) The location of the suitable, decent, written notice to each person occupying the
safe and sanitary housing to be made property. Those to be displaced shall be
available for the temporary period; issued a notice of eligibility for relocation
(iii) The terms and conditions under assistance. (This notice may be combined
which the tenant may lease and occupy a with the 90-day notice under 49 CFR
suitable, decent, safe, and sanitary dwelling 24.203(c).) Tenants (eligible under 24 CFR
in the building/ 913.103 and the standards for tenancy
complex following completion of the established in accordance with 24 CFR
project; and 960.204) who will not be displaced shall be
(iv) The provisions of paragraph (b)(1) issued a notice offering the tenant the
of this section. opportunity to enter into a lease to continue
(c) Relocation assistance for displaced in occupancy of the property under
persons. A ``displaced person'' (defined in reasonable terms and conditions. (Also, see
paragraph (h) of this section) must be paragraph (h)(1)(iii) of this section.)
provided relocation assistance at the levels (f) Appeals. A person who disagrees
described in, and in accordance with the with the PHA's determination concerning
requirements of, the Uniform Relocation whether the person qualifies as a ``displaced
Assistance and Real Property Acquisition person,'' or the amount of relocation
Policies Act of 1970, as amended (URA) (42 assistance for which the person is eligible,
U.S.C. 4601-4655) and implementing may file a written appeal of that
regulations at 49 CFR part 24. A ``displaced determination with the PHA. A person who
person'' shall be advised of his/her rights is dissatisfied with the PHA's determination
under the Fair Housing Act (42 U.S.C. on his or her appeal may submit a written
3601-19), and, if the representative request for review of that determination to
comparable replacement dwelling used to the HUD Field Office.
establish the amount of the replacement (g) Responsibility of PHA. (1) The
housing payment to be provided to a PHA shall certify (i.e., provide assurance of
minority person is located in an area of compliance, as required by 49 CFR part 24)
minority concentration, such person also that it will comply with the URA, the
shall be given, if possible, referrals to regulations at 49 CFR part 24, and {[[Page
comparable and suitable, decent, safe, and 380]]}
sanitary replacement dwellings not located the requirements of this section, and
in such areas. shall ensure such compliance
(d) Real property acquisition notwithstanding any third party's contractual
requirements. The acquisition of real obligation to the PHA to comply. The
property for a project is subject to the URA certification in the PHA's ``Resolution in
and the requirements in 49 CFR part 24, Support of Public Housing Project'' that the

PHA will comply with all the requirements negotiations,'' (defined in paragraph (i) of
of 24 CFR part 941 shall constitute the this section), if the move occurs before the
PHA's certification of compliance with the tenant is provided written notice offering
URA, the implementing regulations at 49 him or her the opportunity to lease and
CFR part 24, and this section. occupy a suitable, decent, safe, and sanitary
(2) The cost of required assistance is an dwelling in the same building/complex,
eligible project cost in the same manner and under reasonable terms and conditions, upon
to the same extent as other project costs. completion of the project. Such reasonable
Such costs may also be paid from funds terms and conditions include a monthly rent
available from other sources. and estimated average monthly utility costs
(3) The PHA must maintain records in that do not exceed the amount determined in
sufficient detail to demonstrate compliance accordance with 24 CFR 913.107; or
with this section, including data indicating (iv) A tenant-occupant of a dwelling
the race, ethnic, gender and disability status who is required to relocate temporarily, but
of displaced persons. does not return to the building/complex, if
(h) Definition of displaced person. (1) either:
For purposes of this section, the term (A) The tenant is not offered payment
displaced person means a person for all reasonable out-of-
(household, business, nonprofit pocket expenses incurred in connection
organization, or farm) that moves from real with the temporary relocation, including the
property, or moves personal property from cost of moving to and from the temporarily
real property, permanently, as a direct result occupied unit, any increased housing costs
of acquisition, rehabilitation, or demolition and incidental expenses; or
for a project assisted under this part. The (B) Other conditions of the temporary
term ``displaced person'' includes, but may relocation are not reasonable; or
not be limited to: (v) A tenant-occupant of a dwelling
(i) A person who moves permanently who moves from the building/
from the real property after receiving a complex permanently after he or she
notice from the PHA or property owner that has been required to move to another
requires such move, if the move occurs on dwelling unit in the same building/complex
or after: in order to carry out the project, if either:
(A) For conventional or acquisition (A) The tenant is not offered
projects, the date of approval by HUD of the reimbursement for all reasonable out-
PHA proposal incorporating the site, or for of-pocket expenses incurred in
scattered sites, the date HUD approves the connection with the move; or
applicable site; (B) Other conditions of the move are
(B) For turnkey projects, the date the not reasonable; or
PHA proposal is submitted to HUD; or (2) Notwithstanding the provisions of
(C) For major reconstruction of paragraph (h)(1) of this section, a person
obsolete public housing projects, the date does not qualify as a ``displaced person''
the PHA issues the invitation for bids for the (and is not eligible for relocation assistance
project; under the URA or this section), if:
(ii) Any person, including a person who (i) The person has been evicted for
moves before the date described in serious or repeated violation of the terms
paragraph (h)(1)(i) of this section, that the and conditions of the lease or occupancy
PHA or HUD determines was displaced as a agreement, violation of applicable Federal,
direct result of acquisition, rehabilitation, or State or local law, or other good cause, and
demolition for the assisted project; or the PHA determines that the eviction was
(iii) A tenant-occupant of a dwelling not undertaken {[[Page 381]]}
unit who moves from the building/complex, for the purpose of evading the
permanently, after the `ìnitiation of obligation to provide relocation assistance;
(ii) The person moved into the property provided the contract of sale is later
after the date described in paragraph executed; or
(h)(1)(i) of this section, but before (3) For major reconstruction of obsolete
commencing occupancy, received written projects, the PHA's issuance of the invitation
notice of the project, its possible impact on for bids for the project.
the person (e.g., that the person may be (Approved by Office of Management
displaced, temporarily relocated, or suffer a and Budget under OMB Control Number
rent increase) and the fact that he or she 2506-0121)
would not qualify as a ``displaced person'' [59 FR 29344, June 6, 1994]
(or for assistance under this section) as a
result of the project; Sec. 941.208 Other Federal
(iii) The person is ineligible under 49 requirements.
CFR 24.2(g)(2); or
(a) General. The PHA shall be subject
(iv) HUD determines that the person
to all statutory, regulatory, and executive
was not displaced as a direct result of
order requirements applicable to public
acquisition, rehabilitation, or demolition for
housing development (see, e.g., 24 CFR
the project.
parts 5, 8, 35, 50, and 965), as may be more
(3) The PHA may, at any time, ask
fully described by HUD in notices,
HUD to determine whether a displacement
handbooks, or other guidance.
is or would be covered by this section.
(b) Lead-based paint. The relevant
(i) Definition of initiation of
requirements of the Lead-Based Paint
negotiations. For purposes of this section,
Poisoning Prevention Act (42 U.S.C. 4821-
the term `ìnitiation of negotiations'' means:
4846), the Residential Lead-Based Paint
(1) For conventional or acquisition
Hazard Reduction Act of 1992 (42 U.S.C.
projects:
4851-4856), and implementing regulations
(i) Where the PHA purchases the real
at part 35, subparts A, B, L, and R of this
property through an arm's-
title apply to the program.
length transaction (as described in 49
[61 FR 38018, July 22, 1996, as
CFR 24.101(a)(1)), the seller's acceptance of
amended at 64 FR 50228, Sept. 15, 1999]
the PHA's written offer to purchase the
property (i.e., the seller's execution of form
HUD-51971-II), provided the PHA later Sec. 941.209 Audit.
purchases the property; or such other date, All PHAs that receive funds under this
as may be determined by the PHA with the part for the development of low-income
approval of the HUD Field Office; or housing shall comply with audit
(ii) Where the PHA's purchase of the requirements in 24 CFR part 44.
real property does not qualify as an arm's- [50 FR 39092, Sept. 27, 1985; 51 FR
length transaction under 49 CFR 30480, Aug. 27, 1986]
24.101(a)(1), the delivery of the initial
written purchase offer from the PHA to the Subpart C_Application and
Owner of the property (i.e., the PHA Proposal
executed form HUD-51971-II). However, if
the PHA issues a notice of intent to acquire Source: 61 FR 38018, July 22, 1996,
the property, and a person moves after that unless otherwise noted.
notice, but before the initial written purchase
offer, the `ìnitiation of negotiations'' is the Sec. 941.301 Application.
actual move of the person from the property; If funding is made available for public
(2) For turnkey projects, HUD Field housing development, HUD will provide
Office approval of the PHA's proposal information about fund allocation,
incorporating the developer's proposal, application deadline, and selection criteria

and procedures through a Notice of Funding Sec. 941.303 Site acquisition
Availability (NOFA). proposal.
Effective Date Note: At 61 FR 38018,
July 22, 1996, SEC. 941.301 was revised. When a PHA determines that it is
This section contains information collection necessary to acquire land for development
and recordkeeping requirements and will not through new construction, it may spend
become effective until approval has been funds authorized under this part to acquire
given by the Office of Management and development sites. HUD must approve a
Budget. When {[[Page 382]]} PHA's proposed use of funds before it may
approval is obtained, HUD will publish acquire sites in this manner. A PHA must
notice of the effective date in the Federal submit the following documents for HUD
Register. review and approval, in accordance with the
standards set forth in SEC. 941.305:
(a) Justification. A justification for
Sec. 941.302 Annual acquiring land prior to PHA proposal
contributions contract; approval;
drawdowns and advances. (b) Site information. An identification
(a) A PHA wishing to develop public and description of the proposed site, site
housing shall execute an ACC or ACC plan, neighborhood, and evidence of PHA
amendment covering the entire amount of control of the site for at least sixty (60) days
reserved development funds or the amount after proposal submission.
of modernization funds (under section 14 of (c) Zoning. Evidence that construction
the Act, 42 U.S.C. 1437l) it proposes to use or rehabilitation is permitted by current
in accordance with this part. This ACC or zoning ordinances or regulations or evidence
ACC amendment must be executed by both to indicate that needed rezoning is likely and
the PHA and HUD before funds can be will not delay the project.
provided to the PHA. (d) Development schedule. A copy of
(b) Until HUD has approved a PHA's the PHA development schedule, including
full proposal, a PHA may only draw down the PHA architect estimates of the time
funds under the ACC for pre-development required to complete each major
costs for materials and services related to development stage.
proposal preparation and submission. (e) Environmental assessment. All
Expenditures for pre-development costs available environmental information on the
shall not exceed three percent of the total proposed development (to expedite the HUD
development cost stated in the executed environmental review).
ACC. (f) Appraisal. An appraisal of the
(c) HUD may approve the following in proposed site by an independent, state-
writing: certified appraiser.
(1) Amounts in excess of three percent Effective Date Note: At 61 FR 38018,
of TDC for pre-development costs; and/or July 22, 1996, SEC. 941.303 was revised.
(2) Drawdown of funds to enable a This section contains information collection
PHA to acquire a site after approval by and recordkeeping requirements and will not
HUD of the PHA's site acquisition proposal, become effective until approval has been
in accordance with SEC. 941.303. given by the Office of Management and
(d) After HUD approval of the full Budget. When approval is obtained, HUD
proposal, the PHA may draw down will publish notice of the effective date in
additional funds under the ACC to develop the Federal Register.
the public housing units in accordance with
the approved full proposal.
Sec. 941.304 Full proposal and costs related to acquisition of a new
content. public housing site;
(2) Budget and payment schedule. A
Each full proposal shall include at a budget that identifies the sources of funding
minimum the following: for relocation benefits, and a payment
(a) Project description. A description of schedule anticipated to be provided under a
the housing, including the number of units, construction contract;
schematic drawings of the proposed building (e) Appraisal. An appraisal of the
and unit plans, outline specifications or proposed site or property by an independent,
rehabilitation work write-ups, and the types state-certified appraiser;
and amounts of non-dwelling space to be (f) Financial feasibility. Identification
provided; of funds sufficient to complete the
(b) Description of development development, including a reasonable
method. A description of the PHA's contingency;
proposed development method, and a (g) Zoning. Evidence that construction
demonstration by the PHA that it will be or rehabilitation is permitted by current
able to use this method successfully to zoning ordinances or regulations or evidence
develop the public housing units. If the PHA to indicate that needed rezoning is likely and
proposes to use the turnkey method, it must will not delay the project;
submit a Board-approved certification that (h) Facilities. A statement addressing
the developer was selected as the result of a the adequacy of existing facilities and
public solicitation for proposals and that the services for the prospective occupants of the
selection was based on an objective rating project, a description of public
system, using such factors as site location, improvements needed to ensure the viability
project design, price, and developer of the proposed project with a description of
experience. If the PHA proposes to use the the sources of funds available to carry out
acquisition method, the PHA must submit a such improvements, and, if applicable, a
certification by the PHA and {[[Page 383]]} statement addressing the minority
owner that the property was not enrollment and capacity of the school
constructed with the intent that it would be system to absorb the number of school-aged
sold to the PHA. If the PHA proposes to use children expected to reside in the project;
the mixed-finance method, it should have (i) Relocation. A certification by the
consulted with HUD on its plans. If the PHA PHA that it will comply with all applicable
proposes to use the force account method to Federal relocation requirements;
develop the public housing units, it must (j) Life-cycle analysis. For new
have already received approval from HUD construction and substantial rehabilitation,
of its capability to carry out the development the criteria to be used in equipping the
successfully in this manner; proposed project(s) with heating and cooling
(c) Site information. An identification systems, and which shall include a life-cycle
and description of the proposed site, site cost analysis of the installation, maintenance
plan, neighborhood, and evidence of PHA or and operating costs of such systems pursuant
turnkey developer control of the site for at to section 13 of the Act (42 U.S.C. 1437k);
least sixty (60) days after proposal (k) Project development schedule. A
submission; copy of the PHA development schedule,
(d) Project costs. (1) Categories of cost. including the PHA architect or turnkey
The detailed budget of the costs of developer estimates of the time required to
developing the project, in accordance with complete each major development stage;
the form prescribed by HUD. With respect (l) Environmental assessment. All
to costs of demolition and relocation, the available environmental information on the
description must distinguish between costs proposed development (to expedite the HUD
related to existing public housing property environmental review);

(m) Occupancy and operation policies. reviews with respect to the proposal under
Statement of all PHA policies and practices review. If HUD determines that the proposal
that will be used in occupancy and operation under review is acceptable, it shall notify the
that contribute to an overall objective of PHA in writing and shall forward to it for
ending the social and economic isolation of execution an ACC (or ACC amendment). If
low income people and promoting their the PHA already has executed an ACC (or
economic independence; ACC amendment) for the entire reserved
(n) New construction certification. If a amount, HUD shall notify the PHA that it is
PHA's proposal involves new construction, authorized to draw down funds in
evidence of compliance with section 6(h) of accordance with SEC. 941.302.
the Act in one of the following two ways: (b) Approved proposal. Units
(1) Submission of a PHA comparison developed under this part shall be developed
of the cost of new construction in the only in accordance with an approved
neighborhood where the PHA proposes to proposal.
construct the housing and the cost of (c) Approved amendments. Material
acquisition of existing housing (with or changes in the approved proposal, including
without rehabilitation) in the same any increase in the budget or any change in
neighborhood; or the payment schedule, require an
(2) Certification by the PHA, amendment to the proposal, which must be
accompanied by supporting documentation, approved by HUD. The determination of
that there is insufficient existing housing in what constitutes a material change will be
the neighborhood to develop public housing made by HUD.
through acquisition; and
(o) Additional HUD-requested Sec. 941.306 Maximum project
information. Any additional information that cost.
may be needed for HUD to determine
(a) Calculation of maximum project
whether it can approve the proposal pursuant
cost. The maximum project cost represents
to SEC. 941.305.
the total amount of public housing capital
Effective Date Note: At 61 FR 38018,
assistance used in connection with the
July 22, 1996, SEC. 941.304 was added.
development of a public housing project,
This section contains information collection
and includes: (1) project costs that are
and recordkeeping requirements and will not
subject to the TDC limit (i.e., Housing
become effective until approval has been
Construction Costs and Community
given by the Office of Management and
Renewal Costs); and (2) project costs that
Budget. {[[Page 384]]}
are not subject to the TDC limit (i.e.,
Additional Project Costs). The total project
Sec. 941.305 Technical cost to be funded with public housing capital
processing and approval. assistance, as set forth in the proposal and as
(a) Standards. HUD shall review the approved by HUD, becomes the maximum
full proposal, submitted in accordance with project cost stated in the ACC. Upon
SEC. 941.304, and the site acquisition completion of the project, the actual project
proposal, submitted in accordance with cost is determined based upon the amount of
SEC. 941.303, to determine whether each public housing capital assistance expended
proposal complies with all statutory, for the project, and this becomes the
executive order, and regulatory requirements maximum project cost for purposes of the
applicable to public housing development ACC.
including, if applicable, the comments (b) TDC limit. (1) Public housing
received as a result of Intergovernmental capital assistance may not be used to pay for
Review. In addition, HUD shall carry out Housing Construction Costs and
any necessary statutory and executive order Community Renewal Costs in excess of the
TDC limit, as determined under paragraph TDC limit or the Housing Construction Cost
(b)(2) of this section. However, HOPE VI limit described in paragraph (c) of this
grantees will be eligible to request a TDC section. Such funds, however, may not be
exception for public housing and HOPE VI used for items that would result in
funds awarded in Fiscal Year 1996 and prior substantially increased operating,
years. No exceptions to HCC limits will be maintenance or replacement costs, and must
granted within the TDC limit. meet the requirements of section 102 of the
(2) Determination of TDC limit. HUD HUD Reform Act (42 U.S.C. 3545). These
will determine the TDC for a public housing funds must be included in the project
project as follows: development cost budget and legally
(i) Step 1: Unit construction cost acceptable written commitments for such
guideline. HUD will first determine the funds must be provided by the PHA for
applicable ``construction cost guideline'' HUD approval.
averaging the current construction costs as (c) Housing Construction Costs. (1)
listed in two nationally recognized General. A PHA may not use public housing
residential construction cost indices for capital assistance to pay for Housing
publicly bid construction of a good and Construction Costs in excess of the amount
sound quality for specific bedroom sizes and determined under paragraph (c)(2) of this
structure types. The two indices HUD will section.
use for this purpose are the R.S. Means cost (2) Determination of Housing
index for construction of `àverage'' quality Construction Cost limit. HUD will
and the Marshal & Swift cost index for determine the Housing Construction Cost
construction of ``good'' quality. HUD has limit as listed in at least two nationally
the discretion to change the cost indices to recognized residential construction cost
other such indices that reflect comparable indices for publicly bid construction of a
housing construction quality through a good and sound quality for specific bedroom
notice published in the Federal Register. sizes and structure types. The two indices
(ii) Step 2: Bedroom size and structure HUD will use for this purpose are the R.S.
types. The construction cost guideline is Means cost index for construction of
then multiplied by the number of units for `àverage'' quality and the Marshal & Swift
each bedroom size and structure type. cost index for construction of ``good''
(iii) Step 3: Elevator and non-elevator quality. HUD has the discretion to change
type structures. HUD will then multiply the the cost indices to other such indices that
resulting amounts from step 2 by 1.6 for reflect comparable housing construction
elevator type structures and by 1.75 for non- quality through a notice published in the
elevator type structures. Federal Register. The resulting construction
(iv) Step 4: TDC limit. The TDC limit cost guideline is then multiplied by the
for a project is calculated by adding the number of public housing units in the
resulting amounts from step 3 for all the project based upon bedroom size and
public housing units in the project. structure type. The Housing Construction
(3) Costs not subject to the TDC limit. Cost limit for a project is calculated by
Additional Project Costs are not subject to adding the resulting amounts for all public
the TDC limit described in paragraph (b)(2) housing units in the project.
of this section. (3) The Housing Construction Cost
(4) Funds not subject to the TDC limit. limit is not applicable to the acquisition of
A PHA may use funding sources not existing housing, whether or not such
{[[Page 385]]} housing will be rehabilitated. The Total
subject to the TDC limit (e.g., CDBG Development Cost limit is applicable to such
funds, HOME funds, low-income tax acquisition.
credits, private donations, private financing, (d) Community Renewal Costs. Public
etc.) to cover project costs that exceed the housing capital assistance may be used to

pay for Community Renewal Costs in an a PHA that has for other reasons been
amount equivalent to the difference between notified in writing that it may not use the
the Housing Construction Costs paid for procedure specified in paragraph (c)(1) of
with public housing capital assistance and this section, that the site or property
the TDC limit. acquisition contract has been approved, the
(e) Rehabilitation of existing public PHA shall submit to HUD evidence that title
housing projects. The HCC limit is not to {[[Page 386]]}
applicable and the TDC limit for the site or property is good and
modernization of existing public housing is marketable. If HUD approves the title
90% of the TDC limit as determined under evidence, it will inform the PHA that it is
SEC. 941.306(b)(2). This limitation does not authorized to acquire title to the site or
apply to the rehabilitation of any property property. The PHA shall record promptly
acquired pursuant to SEC. 941.102. the deed and declaration of trust in the form
[67 FR 76102, Dec. 10, 2002] prescribed by HUD, and HUD may require
the PHA to submit evidence of such
Subpart D_Project recordation.
Development
Sec. 941.402 Project design and
Source: 61 FR 38020, July 22, 1996,
construction.
(a) Compliance with HUD construction
Sec. 941.401 Site and property standards and Federal procurement
requirements.
acquisition.
(1) General. A PHA may certify that its
(a) Applicability. The provisions of this proposed design and construction plans for
section apply to projects being developed the development are in accordance with
under the conventional, acquisition, and HUD's design and construction standards at
force account methods, and may apply to SEC. 941.203, and that its bidding
other development methods, as deemed procedures are in accordance with Federal
appropriate by HUD. procurement requirements.
(b) Purchase agreement. The purchase (2) Limitation. In the case of a PHA
agreement shall reflect any conditions determined to be troubled or modernization
established by HUD, such as the site troubled in accordance with part 901 of this
engineering studies that must be completed chapter or a PHA that has for other reasons
to determine whether the site is suitable for been notified in writing that it may not use
development of the project. the procedure specified in paragraph (a)(1)
(c) Title.--(1) General. After HUD of this section, the PHA must submit the
approves the site or property acquisition proposed design and construction plans and
contract and notifies the PHA that it is its bidding procedures (unless HUD notifies
authorized to take title, the PHA shall obtain the PHA that it may use the certification
title in accordance with the following procedure specified in paragraph (a)(1) of
certification. The PHA shall certify to HUD this section).
that it obtained a title insurance policy that (b) Contract administration. The PHA
guaranteed that the title was good and shall be responsible for contract
marketable before taking title and that it administration and shall contract for the
promptly recorded the deed and declaration services of an architect, or other person
of trust in the form prescribed by HUD. licensed under State law, to assist and advise
(2) Limitation. After HUD notifies a the PHA in contract administration and
PHA that has been determined to be inspections to assure that the work is done in
troubled or modernization troubled in accordance with HUD requirements. A
accordance with part 901 of this chapter, or HUD representative may periodically visit
the project site to monitor PHA contract assignment to the PHA of all manufacturer
administration. and supplier warranties required by the
(c) Prevailing wage rates. See SEC. construction documents. The PHA shall
965.101 of this chapter. inspect each dwelling unit and the overall
project approximately three months after the
Sec. 941.403 Acceptance of beginning of the project guaranty period and
work and contract settlement. three months before its expiration and also
as may be necessary to exercise its rights
(a) Notification of completion. The
before expiration of any warranties. The
contractor or developer shall notify the PHA
PHA shall require repair or replacement,
in writing when the contract work, including
prior to the expiration of the guaranty or
any approved off-site work, will be
warranty periods, of any defective items.
completed and ready for inspection.
(d) Title to turnkey projects. (1)
(b) Acceptance. (1) General. A PHA
General. When the work has been inspected
may carry out the final inspection of the
and accepted on a turnkey project, in
work and may accept the completed work.
{[[Page 387]]}
If, upon inspection, the PHA determines that
accordance with paragraph (b) of this
the work is complete and satisfactory,
section, the PHA is authorized to take title to
except for work that is appropriate for
the completed project in accordance with the
delayed completion, the work shall be
following certification. The PHA shall
accepted by the PHA. The PHA shall certify
certify to HUD that it obtained a title
to HUD before it pays the contractor or
insurance policy that guaranteed that the title
developer that it has inspected the work and
was good and marketable before taking title
determined that it is acceptable and in
and that it promptly recorded the deed and
compliance with the construction contract or
declaration of trust in the form prescribed by
contract of sale and HUD requirements. The
HUD.
PHA shall determine any hold-back for
(2) Limitation. After inspection and
items of delayed completion, and the
acceptance of the work in accordance with
amount due and payable for the work that
paragraph (b) of this section, a PHA that has
has been accepted including any conditions
been determined to be troubled or
precedent to payment that are stated in the
modernization troubled in accordance with
construction contract or contract of sale. The
part 901 of this chapter, or a PHA that has
contractor or developer shall be paid for
for other reasons been notified in writing
items of delayed construction only after
that it may not use the procedure specified in
inspection and acceptance of this work by
paragraph (d)(1) of this section shall submit
the PHA.
to HUD evidence that title to the completed
(2) Limitation. In the case of a PHA
project is good and marketable. If HUD
determined to be troubled or modernization
approves the title evidence, it will inform the
troubled in accordance with part 901 of this
PHA that it is authorized to acquire title to
chapter or a PHA that has for other reasons
the completed project. The PHA shall record
been notified in writing that it may not use
promptly the deed and declaration of trust in
the procedure specified in paragraph (b)(1)
the form prescribed by HUD, and HUD may
of this section, the procedure described in
require submission of evidence of such
paragraph (b)(1) of this section will be
recordation.
followed, except that HUD must concur in
the necessary PHA determinations and
approvals.
Sec. 941.404 Completion of
(c) Guarantees and warranties. The development.
construction contract or contract of sale shall (a) When all development has been
specify the project guaranty period and completed and paid for, but not later than 12
amounts to be withheld and shall provide for months after the end of the initial operating

period unless a longer period is approved by development activities undertaken during
HUD, the PHA shall submit a statement of the period under review conform
the actual development cost. For this substantially to the activities specified in the
purpose, the initial operating period with approved PHA proposal. HUD also shall
respect to each project is the period review a PHA's development schedule to
commencing with the date of initiation of determine whether the PHA has carried out
the project and ending with the earliest of its development activities in a timely
the following three dates: the end of the manner;
calendar quarter in which ninety-five (ii) HUD shall review a PHA's
percent of the dwelling units in the project performance to determine whether the
are occupied; the end of the calendar quarter activities carried out comply with the
that is six, seven, or eight months after the requirements of the Act, and other
date of full availability of the project; or the applicable laws and regulations.
end of the calendar quarter next preceding (2) Continuing capacity. HUD shall
the date of physical completion of the determine whether the PHA has a continuing
project. capacity to carry out its development plan in
(b) HUD shall review the statement and a timely manner. The primary factors to be
establish the actual development cost of the considered in arriving at a determination that
project, which becomes the maximum total a PHA has a continuing capacity are those
development cost for purposes of the ACC. described in paragraph (a)(1) of this section
Effective Date Note: At 61 FR 38021, (``conformity with PHA proposal''). HUD
July 22, 1996, SEC. 941.404 was revised. shall give particular attention to PHA efforts
This section contains information collection to accelerate the progress of the program
and recordkeeping requirements and will not and to prevent the recurrence of past
become effective until approval has been deficiencies or noncompliance with
given by the Office of Management and applicable laws and regulations. {[[Page
Budget. When approval is obtained, HUD 388]]}
will publish notice of the effective date in (b) Notice of deficiency. Based on
the Federal Register. HUD reviews of PHA performance and
findings of any of the deficiencies in
Subpart E_Performance paragraph (d) of this section, HUD may
issue to the PHA a notice of deficiency
Review stating the specific program requirements
that the PHA has violated and requesting the
Sec. 941.501 HUD review of PHA to take any of the actions specified in
PHA performance; sanctions. paragraph (e) of this section.
(a) HUD determination. HUD shall (c) Corrective action order. (1) Based
carry out such reviews of the performance of on HUD reviews of PHA performance and
each PHA as may be necessary or findings of any of the deficiencies in
appropriate to make the determinations paragraph (d) of this section, HUD may
required by this paragraph (a), taking into issue to the PHA a corrective action order,
consideration all available evidence. whether or not a notice of deficiency has
(1) Conformity with PHA proposal. been issued previously with respect to the
HUD shall determine whether the PHA has specific deficiency on which the corrective
carried out its activities under this subpart in action order is based. HUD may order
a timely manner and in accordance with its corrective action at any time by notifying
approved proposal. the PHA of the specific program
(i) In making this determination, HUD requirements that the PHA has violated, and
shall review the PHA's performance under specifying that any of the corrective actions
previous inspections, audit findings and listed in paragraph (e) of this section must
other sources to determine whether the be taken. HUD shall design corrective action
to prevent a continuation of the deficiency, periodically on its progress in meeting the
mitigate any adverse effects of the schedules;
deficiency to the extent possible, or prevent (3) Notwithstanding 24 CFR
a recurrence of the same or similar 941.205(c), 24 CFR 941.402(a) and 24 CFR
deficiencies; 85.36(g), submit to HUD documents for
(2) Before ordering corrective action, prior approval, which may include, but are
HUD shall notify the PHA and give it an not limited to:
opportunity to consult with HUD regarding (i) Complete design, construction and
the proposed action; bid documents (prior to soliciting bids);
(3) Any corrective action ordered by (ii) Complete rehabilitation
HUD shall become a condition of the grant drawings/specifications or work write-
agreement (ACC); ups;
(d) Basis for corrective action. HUD (iii) Development budgets, including
may order a PHA to take corrective action modifications;
only if it determines: (iv) Proposed award of contracts,
(1) The PHA has not carried out its including construction contracts, turnkey
activities under the development program in contracts of sale, letters of commitment, and
a timely manner and in accordance with its contracts with the architect/engineer (prior
approved proposal, or HUD requirements, as to execution);
determined in paragraph (a)(l) of this (4) Submit additional material in
section; support of one or more of the statements,
(2) The PHA does not have a resolutions, and certifications submitted as
continuing capacity to carry out its proposal part of the PHA proposal, or periodic
in a timely manner or in accordance with its performance report;
proposal or HUD requirements, as (5) Not incur financial obligations, or to
determined in paragraph (a)(2) of this suspend payments for one or more activities;
section; (6) Reimburse, from non-HUD sources,
(3) The PHA has failed to repay HUD one or more program accounts for any
for amounts awarded under the development amounts improperly expended;
programs that were improperly expended; (f) Failure to take corrective action. In
(e) Types of corrective action. HUD cases where HUD has ordered corrective
may direct a PHA to take one or more of the action and the PHA has failed to take the
following corrective actions: required actions within a reasonable time, as
(1) Submit additional information: specified by HUD, HUD may take one or
(i) Concerning the PHA's more of the following steps: {[[Page 389]]}
administrative, planning, budgeting, (1) Terminate future draw downs
accounting, management, and evaluation and/or advances to the PHA. In such case,
functions to determine the cause for a PHA the amount of advances made to the PHA
not meeting the standards in paragraphs shall be repaid by the PHA from any funds
(a)(1) or (a)(2) of this section; or assets available for that purpose;
(ii) Explaining any steps the PHA is (2) Require alternative management of
taking to correct the deficiencies; development functions by an entity other
(iii) Documenting that PHA activities than the PHA;
were not inconsistent with the PHA's (3) Cancel the fund reservation if the
proposal or other applicable laws, PHA fails to start (begin construction or
regulations or program requirements; and rehabilitation), or complete (acquisition)
(iv) Demonstrating that the PHA has a within 30 months from the date of the fund
continuing capacity to carry out the proposal reservation pursuant to section 5(k) of the
in a timely manner; Act;
(2) Submit schedules for completing (4) Recapture for good cause any grant
the work identified in its proposal and report amounts previously provided to a PHA,

based upon a determination that the PHA units, or may consist of public housing and
has failed to comply with the requirements non-public housing units.
of the development program. (2) This subpart sets forth the
(g) Right to appeal. Before taking any requirements that must be met by the PHA
of the actions described in paragraph (f) of and its partner(s) before HUD can approve a
this section, HUD shall notify the PHA and proposal for mixed-
give it an opportunity, within a prescribed finance development, and also sets
period of time, to present any arguments or forth continuing requirements that apply
additional facts and data concerning the throughout the development and operation
proposed action. of the development by the owner entity.
[61 FR 38021, July 22, 1996] (b) Under this subpart, public housing
units that are built in a mixed-finance
Subpart F_Public/Private development must be comparable in size,
location, external appearance, and
Partnerships for the Mixed distribution to the non-public housing units
Finance Development of within the development.
Public Housing Units
Source: 61 FR 19714, May 2, 1996, Sec. 941.602 Applicability of
unless otherwise noted. other requirements.
(a) Relationship of this subpart to other
Sec. 941.600 Purpose. requirements in 24 CFR part 941. The
(a)(1) This subpart authorizes a PHA to requirements contained in this subpart apply
use a combination of private financing and only to the development of public housing
public housing development funds to units using mixed-finance development
develop public housing units, and is methods under this subpart and to the
designed to enable PHAs and their partners operation of public housing units that are
to structure transactions that make use of owned, or that will be owned, by an owner
private and/or public sources of financing. entity under this subpart. Other requirements
Many potential scenarios for ownership and for the development of public housing, as set
transaction structures exist, ranging from the forth in subparts A through E of this part,
PHA or its partner(s) holding no ownership shall not apply to the development of public
interest, a partial ownership interest, or 100 housing units pursuant to this subpart,
percent of the ownership interest of the except as may be required by HUD.
public housing units that are to be Applicable requirements include, but shall
developed. PHAs and/or their partner(s) may not be limited to, the following:
choose to enter into a partnership or other (1) Section 941.103 (``Definitions'')
contractual arrangement with a third-party (definitions of the following terms only shall
entity for the mixed- apply to this subpart: `Ànnual
finance development and/or ownership Contributions Contract (ACC),''
of public housing units. If this entity has ``cooperation agreement,'' ``design
primary responsibility along with the PHA documents,'' ``reformulation,'' and ``Total
for the development of these units, it is Development Cost (TDC).'' {[[Page 390]]}
referred to for purposes of this subpart as the (2) Section 941.201 (``PHA eligibility'')
PHA's ``partner.'' The entity that ultimately (except that specific requirements governing
owns the public housing units, whether or the cooperation agreement, as set forth in
not the PHA retains an ownership interest, is SEC. 941.201(c), shall be determined in
referred to as the `òwner entity.'' The accordance with this subpart);
resulting ``mixed-finance'' developments (3) Section 941.202 (``Site and
may consist of 100 percent public housing neighborhood standards'');
(4) Section 941.203 (``Design and compensation, including TDC and other
construction standards''); applicable cost limitations);
(5) Section 941.205 (``PHA contracts'') (2) An owner entity (which, as a private
(except that the reference to ``development entity, would normally not be subject to part
related contracts entered into by the PHA'' 24 CFR part 85) shall be required to comply
shall be construed to mean ``development with 24 CFR part 85 if HUD determines that
related contracts entered into by the PHA or the PHA or PHA instrumentality exercises
the owner entity''); significant functions within the owner entity
(6) Section 941.207 (``Relocation and with respect to managing the development
acquisition''); of the proposed units. HUD may, on a case-
(7) Section 941.208 (`Òther Federal by-
requirements''); case basis, exempt such an owner entity
(8) Section 941.209 (`Àudit''); from the need to comply with 24 CFR part
(9) Section 941.306 (``Maximum 85 if it determines that the owner entity has
development cost''); developed an acceptable alternative
(10) Section 941.402 (``Project design procurement plan.
and construction''); [61 FR 19714, May 2, 1996, as
(11) Section 941.403 (`Àcceptance of amended at 61 FR 38022, July 22, 1996]
work and contract settlement'');
(12) Section 941.404 (``Completion of Sec. 941.604 Definitions.
development''); and In addition to the definitions set forth in
(13) Section 941.501 (``HUD review of SEC. 941.602(a)(1), the following
PHA performance; sanctions''). definitions are applicable to this subpart:
(b) Procedure in the event of a conflict Development. A housing facility
between requirements. In the event of a consisting of public housing units, and that
conflict between a requirement contained in may also consist of non-public housing
this subpart and an applicable requirement units, that has been developed, or that will
set forth in subparts A through E of this part, be developed, using mixed-finance
the requirements of this subpart shall apply, strategies under this subpart.
unless HUD otherwise so determines in Mixed-finance. The combined use of
writing. publicly and privately financed sources of
(c) HUD approval. For purposes of this funds for the development of public housing
subpart only, any action or approval that is units under this subpart.
required to be taken or provided by HUD or Owner Entity. The entity that will own
by the HUD field office, pursuant to a the public housing units, if the PHA holds
requirement set forth in subparts A through less than one hundred percent of the
F of this part, shall be construed to mean ownership interest; or the lessee under a
that HUD Headquarters shall take such ground lease from the PHA. The owner
action or provide such approval, unless the entity may be a partnership that includes the
field office is authorized in writing by PHA.
Headquarters to carry out a specific function Participating party. Any person, firm,
under this subpart. corporation, or public or private entity that:
(d) Applicability of requirements (1) Agrees to provide financial or other
pursuant to 24 CFR part 85. The resources to carry out the approved
requirements of 24 CFR part 85 are proposal, or specified activities contained in
applicable to this subpart, subject to the the proposal; or
following two provisos: (2) Otherwise participates in the
(1) A PHA may select a partner using development and/or operation of the public
competitive proposal procedures for housing units and will receive funds derived
qualifications-based procurement (subject to from HUD with respect to such
negotiation of fair and reasonable

participation. The term ``participating activities to be undertaken by each of the
{[[Page 391]]} participating parties and the PHA, and the
party'' includes an owner entity or legal and business relationships between the
partner. PHA and each of the participating parties.
Partner. A third party entity with whom (b) Financing. A detailed description of
the PHA has entered into a partnership or all financing (including public housing
other contractual arrangement to provide for development funds) necessary for the
the mixed- implementation of the proposal, specifying
finance development of public housing the sources (with respect to each of the
units pursuant to this subpart, and that has proposed categorical uses of all such
primary responsibility with the PHA for the financing), together with a ten-
development of the housing units under the year operating pro forma for the
terms of the approved proposal. development (including all underlying
Proposal. For purposes of this subpart assumptions). In addition, the PHA may be
only, the term ``proposal'' means a detailed required to submit to HUD, for such review
PHA submission of information under SEC. and approval as HUD deems necessary, all
941.606. documents (including applications for
Public Housing Agency (PHA). Any financing) relating to the financing of the
State, county, municipality, or other proposal, including, but not limited to, any
governmental entity or public body (or loan agreements, notes, mortgages or deeds
agency or instrumentality thereof) which is of trust, use restrictions, operating pro
authorized to engage in or assist in the formas relating to the viability of the
development or operation of low-income development, and other agreements or
housing under this part. For purposes of this documents pertaining to the financing of the
subpart, the term ``PHA'' also encompasses proposal.
any agency or instrumentality of the PHA. (c) Methodology. If the PHA proposes
Public housing unit. A unit that is to provide public housing operating subsidy
eligible to receive operating subsidy for the public housing units, it must submit a
pursuant to section 9 of the Act (42 U.S.C. methodology acceptable to HUD for the
1437g). distribution of a portion of its operating
subsidy to such units;
Sec. 941.606 Proposal. (d) Development description. A
Each proposal shall be prepared in the description of the housing, including the
form prescribed by HUD and shall include number and type (with bedroom count) of
some or all of the following documentation, public housing units and, if applicable, the
as deemed necessary by HUD. In number and type of non-public housing units
determining the amount of information to be (with bedroom count) to be developed;
submitted by the PHA under this section, schematic drawings and designs of the
HUD shall consider whether the proposed building and unit plans; outline
documentation is required for HUD to carry specifications; and the types and amounts of
out mandatory statutory or executive order non-dwelling space to be provided.
reviews, the quality of the PHA's past (e) Site information. An identification
performance in implementing development and description of the proposed site, site
projects under this part, and the PHA's plan, and neighborhood.
demonstrated administrative capability, as (f) Market analysis. An analysis of the
demonstrated by its overall score on the projected market for the proposed
PHMAP. The proposal includes: development.
(a) Activities; relationship of (g) Development construction cost
participating parties. An identification of the estimate. A preliminary development
participating parties and a description of the construction cost estimate based on the
schematic drawings and outline
specifications and current construction costs comply with section 6(h) of the Act (42
prevailing in the area. In addition, a copy of U.S.C. 1437d). This may be accomplished
the PHA development schedule, including by the PHA's submission of a comparison of
the architect or contractor estimate of the the cost of new construction in the
time required to complete each major neighborhood where the housing is proposed
development stage. to be constructed and the cost of acquisition
(h) Facilities. A statement addressing of existing housing (with or without
the adequacy of existing or proposed rehabilitation) in the same neighborhood
facilities and services for the prospective (including estimated costs of lead-based
occupants of the development. {[[Page paint activities). Alternatively, the PHA may
392]]} submit a certification, accompanied by
(i) Relocation. Information concerning supporting documentation, that there is
any displacement of site occupants, insufficient existing housing in the
including identification of each displacee, neighborhood to develop public housing
the distribution plan for notices, and the through acquisition.
anticipated cost and source of funding for (n)(1) Certifications and assurances.
relocation benefits. The PHA shall submit, as part of its
(j) Operating feasibility. A proposal, certifications and assurances
demonstration of the operating feasibility of warranting that it:
the development, which shall be (i) Has the legal authority under State
accomplished by the PHA's showing that the and local law to develop public housing
estimated operating expenses of the units through the establishment or selection
development will not exceed its estimated of an owner entity, and to enter into all
operating income. agreements and provide all assurances
(k) Life cycle analysis. For new required under this subpart. In addition, the
construction and substantial rehabilitation, PHA shall warrant that it has the legal
the criteria to be used in equipping the authority necessary to enter into any
proposed development with heating and proposed partnership and to fulfill its
cooling systems, which shall include a life- obligations as a partner thereunder, and that
cycle cost analysis of the installation, it has obtained all necessary approvals for
maintenance and operating costs of such this purpose;
systems pursuant to section 13 of the Act (ii) Will use an open and competitive
(42 U.S.C. 1437k). process to select the partner and/or the
(l) Section 213 clearance. To expedite owner entity and shall ensure that there is no
processing of the proposal, a PHA may conflict of interest involved in the PHA's
solicit, on behalf of HUD, comments under selection of the partner and/or owner entity
section 213 (24 CFR part 791, subpart C) to develop and operate the proposed public
from the chief executive officer (CEO) (or housing units. In addition, the PHA shall
his or her designee) of the unit of general ensure that:
local government. In such case, the (A) Any selected partner and/or owner
solicitation letter must state that comments entity complies with all applicable State and
should be sent directly to HUD within 30 local procurement and conflict of interest
calendar days of HUD's estimated date of requirements with respect to its selection of
receipt of the PHA's proposal. The local entities to assist in the development, and
government's response must state that the uses a competitive process consistent with
comments are to be considered its only the requirements set forth in this subpart;
response under 24 CFR part 791, subpart C. and
A copy of the solicitation letter must be (B) If the partner and/or owner entity
included in the PHA's proposal. (or any other entity with an identity of
(m) New construction. If a proposal interests with such parties) wants to serve as
involves new construction, the PHA must the general contractor for the project or

development, it may award itself the deficiencies in the proposal and indicate that
construction contract only if it can additional information will be accepted if it
demonstrate to HUD's satisfaction that its is received by a specified date.
bid is the lowest bid submitted in response (b) Technical processing. Upon
to a public request for bids; determining that a proposal is acceptable for
(iii) Will be responsible to HUD for technical processing, HUD will evaluate the
ensuring that the public housing units are proposal to determine:
developed and operated in accordance with (1) Whether the PHA has the legal
all applicable public housing requirements, authority necessary to develop public
including the ACC, and all pertinent housing units through the establishment of
statutory, regulatory, and executive order an owner entity and the use of mixed-
requirements, as those requirements may be finance strategies in accordance with this
amended from time to time. The PHA must subpart;
also warrant that it will provide for a (2) Whether the proposed sources and
mechanism to assure, to HUD's satisfaction, uses of funds set forth in the proposal are
{[[Page 393]]} eligible and reasonable, and whether HUD's
that the public housing units will preliminary assessment of the financing and
remain available for use by low- other documentation establishes to HUD's
income families for the maximum satisfaction that the mixed-finance
period required by law. In addition, the PHA development is viable and is structured so as
must warrant that any agreement providing to adequately protect the Federal investment
for the management of the public housing of funds in the development. For this
units by an entity other than the PHA shall purpose, HUD will consider (among other
require that the units be operated in factors) the PHA's proposed methodology
accordance with all applicable requirements for allocating operating subsidies on behalf
under this subpart for the full term of any of the public housing units; the projected
low-income use restrictions. revenues to be generated by any non-public
(2) The PHA shall submit a housing units in a mixed-finance
certification of previous participation in development; and the l0-year operating pro
accordance with procedures set forth in 24 forma and other information contained in the
CFR part 200, subpart H, and shall ensure proposal;
that a similar certification is submitted to (3) If applicable, whether the public
HUD by the participating parties. housing units in the proposed development
[61 FR 19714, May 2, 1996, as will be comparable in size, location, external
amended at 64 FR 50228, Sept. 15, 1999] appearance and distribution within the
Effective Date Note: At 61 FR 19715, development to the non-public housing
May 2, 1996, SEC. 941.606 was added. This units;
section contains information collection and (4) If public housing development
recordkeeping requirements and will not funds are to be used to pay for more than the
become effective until approval has been pro rata cost of common area improvements,
given by the Office of Management and whether the proposal ensures that:
Budget. (i) On a per unit basis (taking into
consideration the number of public housing
Sec. 941.608 Technical units for which funds have been reserved)
processing and approval. the PHA will not exceed TDC limits; and
(ii) Any common area improvements
(a) Initial screening. HUD shall
will benefit all residents of the development;
perform an initial screening to determine
(5) Whether the proposal complies with
that all documentation required as part of the
all program requirements including, if
proposal under SEC. 941.606 has been
applicable, any comments received from the
submitted. HUD will advise the PHA of any
unit of general local government pursuant to
section 213 of the Housing and Community (i) A deed restriction, covenant running
Development Act of 1974 (42 U.S.C. 1439) with the land, ground lease, or other
(see 24 CFR part 791, subpart C); and arrangement of public record, that will
(6) Whether the proposal is approvable assure to HUD's satisfaction that the public
following completion by HUD of an housing units will be available for use by
environmental review in accordance with eligible low-income families in accordance
the requirements of 24 CFR part 50. with all applicable public housing
(c) Proposal approval. HUD shall send requirements for the maximum period
a notification letter to the PHA stating that required by law;
the proposal has been approved or (ii) A regulatory or operating
disapproved. For approved proposals, the agreement between the PHA and the owner
letter shall indicate the approved total entity that provides binding assurances that
development cost of the public housing units the operation of the public housing units will
in the development. HUD will also send to be in accordance with all applicable public
the PHA for execution an ACC amendment housing requirements;
and/or a grant agreement. If the PHA has (iii) An agreement between the PHA
already executed a front-end ACC and the owner entity with respect to the
amendment, HUD will send to the PHA for provision of operating subsidy by the PHA
execution a special ACC amendment for the in accordance with this subpart;
mixed-finance development (and/or a grant (iv) A partnership agreement,
agreement). The PHA shall execute these development agreement, or other agreement
documents and return them to HUD for entered into between the PHA and its
execution. {[[Page 394]]} partner, or any other participating party, that
establishes the relationships between the
Sec. 941.610 Evidentiary parties with respect to the implementation of
materials and other documents. the proposal, including all rights and
liabilities (financial and otherwise) of the
(a) Submission of documents. As a
parties, a development schedule, and the
condition of the release of grant funds under
respective commitments of the parties with
SEC. 941.612, the PHA shall submit to
respect to the development of the public
HUD, within the timeframe prescribed by
housing units. For developments involving
HUD, evidentiary materials and other
public and non-public housing units only,
documentation, as more fully set forth in the
the PHA shall also provide for an allocation
special mixed-finance amendment to the
with the owner entity of expenses and risks
ACC (and/or grant agreement). Such
(e.g., fire, exhaustion of, or failure to
materials and documentation shall include,
receive, syndication funds, etc.) associated
but shall not be limited to:
with the development and operation of the
(1) A copy of executed development-
development. The allocation of expenses
related contracts entered into by the PHA or
and risks shall be based upon a ratio that
owner entity with respect to the
reflects the proposed bedroom mix of the
development, and the PHA-
public housing units as compared to the
executed ACC amendment or special
bedroom mix and unit count of the non-
mixed-finance amendment to the ACC
public housing units in the development, or
(and/or grant agreement);
as otherwise approved by HUD;
(2) Agreements that are necessary to
(v) Any agreement relating to the
implement the proposal and to ensure that
management of the public housing units by
all requirements of this subpart are satisfied.
an entity other than the PHA;
Such agreements must be submitted to HUD
(vi) For developments consisting of
for review and approval and shall include,
public housing and non-public housing
but shall not be limited to:
units, and in lieu of the standard cooperation
agreement required under SEC. 941.201(c),

the PHA shall submit a cooperation ensure the availability of the public housing
agreement with the applicable locality units for low-income persons for the
concerning PILOT payments, local tax maximum permissible period;
exemption and local government services on (6) Evidence of control of the site by
behalf of the proposed public housing units. the PHA, partner, or owner entity following
Such payments, exemption and services proposal submission, for such period of time
must be based upon a ratio reflecting the as may be required by HUD;
proposed bedroom mix of the public housing (7) Evidence that construction or
units as compared to the bedroom mix of the rehabilitation is permitted by current zoning
non-public housing units in the ordinances or regulations, or evidence to
development, or as otherwise approved by indicate that needed rezoning is likely and
HUD. For developments consisting only of will not delay construction of the
public housing units, the PHA shall submit development;
the standard cooperation agreement required (8) In addition, the PHA shall submit
under SEC. 941.201(c); the following certifications warranting that:
(3) All private or public financing (i) For PHAs receiving operating
documents evidencing the availability of the assistance, that:
participating party(ies)'s financing, the (A) There shall be no disposition of the
amount and source of financing committed public housing units without the prior
to the proposal by the participating written approval of HUD during and for ten
party(ies), and the irrevocability of those years after the end of the period in which the
funds. HUD may require in lieu of, or in public housing units receiving operating
addition to the submission of these subsidy from the PHA; and
documents, an opinion of the PHA's and the (B) During a 40-year period (which
owner entity's counsel (or other party may be extended for 10 years after the end
designated by HUD) attesting that counsel of the period in which the public housing
has examined the availability of the units receive operating subsidy from the
participating party(ies)'s financing, and the PHA, or as may be otherwise required by
amount and source of financing {[[Page law), the public housing units shall be
395]]} maintained and operated in accordance with
committed to the proposal by the all applicable public housing requirements
participating party(ies), and has determined (including the ACC), as those requirements
that such financing has been irrevocably may be amended from time to time;
committed by the participating party(ies) for (ii) The PHA will develop at least the
use in carrying out the proposal, and that same number of public housing units as
such commitment is in the amount required were approved by HUD as part of the PHA's
under the terms of the proposal; proposal. Where the PHA proposes to pay
(4) The organizational documents of for more than its pro rata share of the cost of
the owner entity, which shall be reviewed by common area improvements, the PHA must
HUD (together with all financing also certify that:
documents) to ensure that they do not (A) It will develop the same number of
provide equity investors, creditors, and any public housing units as were approved by
other parties, with rights that would be HUD as part of the PHA's proposal, and will
inconsistent with, or that could interfere do so within the TDC limits; and
with, HUD's interest in the proposed (B) The common area improvements
development; will benefit all residents of the development.
(5) Evidence that all necessary actions If the PHA's proposal provides that public
have been taken by the PHA and other housing units within a development will not
participating parties to confer such legally be specifically designated as public housing
enforceable rights as will enable HUD to units, but shall instead constitute a fixed
protect its investment in the property and to percentage of the housing units and number
of bedrooms developed under the proposal, (vi) It will ensure that the development
the PHA must provide additional binding of the public housing units will be in
assurances that the percentage of public compliance with labor standards applicable
housing units and number of bedrooms, as to the development of public housing
approved by HUD, will be maintained as including, but not limited to, wage rates
public housing by the owner entity, and that under the Davis-Bacon Act (40 U.S.C. 276a
all of the requirements of this subpart will be et seq.). If the proposed development will
satisfied with respect to those units; include public housing units that are not
(iii) It will ensure that the requirements specifically designated units, the PHA shall
of this subpart are binding upon the owner ensure that such labor requirements are met
entity and any partner of the PHA and, to the with respect to the development of all units
extent determined necessary by HUD, upon that may, at any time, be used as the public
any other participating party. In addition, in housing units;
the event of any noncompliance with the (vii) It will take all steps necessary to
requirements of this subpart by any ensure that, in the event of a foreclosure or
participating party, the PHA agrees to take other adverse action brought against the
all necessary enforcement action to ensure owner entity with respect to the housing
such compliance or, alternatively, to pursue units (including, but not limited to, the
any legal or equitable remedies that HUD public housing units), the operation of the
deems appropriate; public housing units developed under this
(iv) It will include in all agreements or subpart shall not be adversely affected.
contracts with the partner, owner entity, or (9) Such additional documentation as
any other participating parties receiving may be required by HUD.
development funds under this subpart, an (b) Subsidy layering analysis. After the
acknowledgement that a transfer of the PHA submits the documentation required
development funds by the PHA to the under paragraph (a) of this section, HUD (or
partner, the owner entity, or other its designee) shall carry out a subsidy
participating party, shall not be deemed to layering analysis pursuant to section 102(d)
be an assignment of development grant of the Department of Housing and Urban
funds and that, accordingly, the partner, the Development Reform Act of 1989 (42
owner entity or other participating party U.S.C. 3545) (see 24 CFR part 4) to
shall {[[Page 396]]} determine whether the amount of assistance
not succeed to any rights to benefits of being provided for the development is more
the PHA under the ACC, or ACC than necessary to make the assisted activity
amendment, nor shall it attain any feasible after taking into account the other
privileges, authorities, interests, or rights in governmental assistance.
or under the ACC or ACC amendment; Effective Date Note: At 61 FR 19716,
(v) It will include, or cause to be May 2, 1996, SEC. 941.610 was added. This
included, in all its agreements or contracts section contains information collection and
with the partner, the owner entity, or other recordkeeping requirements and will not
participating parties, and in all contracts become effective until approval has been
with any other party involving the use of given by the Office of Management and
development grant funds under this subpart, Budget.
a provision stating that nothing in the ACC
or ACC amendments providing such funds, Sec. 941.612 Disbursement of
nor any agreement or contract between the grant funds.
party(ies) shall be deemed to create a
(a) Front-end drawdowns. A PHA may
relationship of third-party beneficiary,
request front-end assistance for both
principal and agent, limited or general
scattered or non-scattered site development
partnership, joint venture, or any association
or relationship involving HUD;

in accordance with the following ratio to other public and private funds, in
requirements: accordance with a draw schedule prepared
(1) Front-end assistance may be used to by the PHA and approved by HUD. The
pay for materials and services related to PHA and its partner shall certify, in a form
proposal development, and may also be used prescribed by HUD, prior to the initial
to pay for costs related to the demolition of drawdown of public housing development
existing units on a proposed site or for funds that the PHA will not draw down and
preliminary development work; the partner will not request more public
(2) HUD shall determine on a case-by- housing grant funds than necessary to meet
case basis the maximum amount that may be the PHA's pro rata share of the development
drawn down by a PHA to pay for costs. The PHA shall draw down public
preliminary development costs, based upon housing development funds only when
a consideration of the nature and scope of payment is due and after inspection and
activities proposed to be carried out by the acceptance of work covered by the draw.
PHA; The PHA shall release funds to its partner
(3) Before a request for front-end promptly, normally within two working days
assistance may be approved, the PHA must of receipt of the funds from HUD, and only
provide HUD with such information and in accordance with the ratio approved by
documentation as HUD deems appropriate HUD. The PHA's partner shall take prompt
from the list set forth at SEC. 941.606. In action to distribute the funds, normally
determining the extent of the PHA's within two working days of receipt of the
submissions under this paragraph (a), HUD funds from the PHA;
shall ensure that it has adequate information (2) Each drawdown of public housing
or documentation to enable it to carry out development funds constitutes a certification
any statutory, executive order, or other by the PHA that:
mandatory upfront reviews under this (i) All the representations and
subpart. These reviews shall include, but warranties of the PHA, as submitted in
shall not be limited to, environmental accordance with this subpart, continue to be
reviews (including NEPA and historic valid, true, and in full force and effect;
preservation), intergovernmental review, (ii) The PHA is in full compliance with
section 213 clearance (24 CFR part 791, all of the PHA's obligations pursuant to this
subpart C), and subsidy layering. If, upon part which, by their terms, are applicable at
completing these reviews, HUD determines the time of the drawdown of the public
that the proposed development is housing development funds, and that to the
approvable, it may execute with the PHA a best of the PHA's knowledge, it is not in
front-end ACC amendment and the special default under the ACC, as amended;
mixed-finance amendment to the ACC (iii) All conditions precedent to the
(and/or grant agreement) to provide PHA's authority to draw down the public
advances for the purposes, and in the housing grant funds have been satisfied;
amounts, approved by HUD. (iv) The public housing grant funds to
(b) Standard drawdown requirements. be drawn down will be used for eligible
HUD will review the evidentiary materials costs actually incurred or to be incurred in
and other documents submitted {[[Page accordance with the provisions of this
397]]} subpart and the approved proposal; and
pursuant to SEC. 941.610, and, upon (v) The ratio for the draw down of
determining that such documents are funds is satisfied.
satisfactory, may approve a drawdown of (c) The standard drawdown
development funds, consistent with the requirements set forth in paragraph (b) of
following requirements: this section (including the requirement that
(1) A PHA may only draw down public public housing development funds must be
housing development funds in an approved drawn down in an approved ratio to other
24 CFR 943 Public Housing Agency Consortia And Joint Ventures
public and private funds) do not apply to
front-end assistance approved by HUD
pursuant to paragraph (a) of this section. 24 CFR 943 Public
Sec. 941.614 HUD monitoring Housing Agency
and review. Consortia And Joint
HUD shall monitor and review the Ventures
implementation of the PHA's approved
proposal in accordance with requirements
prescribed by HUD in a special mixed-
finance amendment to the ACC (and/or
grant agreement).
[Page 397-402]
Sec. 941.616 Sanctions. TITLE 24--HOUSING AND URBAN
In the event the public housing units DEVELOPMENT
that are proposed to be developed under this CHAPTER IX--OFFICE OF
subpart are not developed in accordance ASSISTANT SECRETARY FOR PUBLIC
with the projected development schedule, AND INDIAN HOUSING, DEPARTMENT
the approved proposal, and all applicable OF HOUSING AND URBAN
Federal requirements, or if the units are not DEVELOPMENT
operated in accordance with applicable PART 943_PUBLIC HOUSING
requirements, HUD may impose sanctions AGENCY CONSORTIA AND JOINT
on the PHA, and/or seek legal and equitable VENTURES
relief, in accordance with requirements
prescribed by HUD in the special mixed- Subpart A_General
finance amendment to the ACC (and/or 943.100 What is the purpose of this
grant agreement). part?
Subpart B_Consortia
943.115 What programs are covered
under this subpart?
943.118 What is a consortium?
943.120 What programs of a PHA are
included in a consortium's functions?
943.122 How is a consortium
organized?
943.124 What elements must a
consortium agreement contain?
943.126 What is the relationship
between HUD and a consortium?
943.128 How does a consortium carry
out planning and reporting functions?
943.130 What are the responsibilities of
participating PHAs? {[[Page 398]]}
Subpart C_Subsidiaries, Affiliates,

Joint Ventures in Public Housing
943.140 What programs and activities
are covered by this subpart?

943.142 In what types of operating Subpart B_Consortia
organizations may a PHA participate?
943.144 What financial impact do Sec. 943.115 What programs
operations of a subsidiary, affiliate, or joint
venture have on a PHA?
are covered under this
943.146 What impact does the use of a subpart?
subsidiary, affiliate, or joint venture have on (a) Except as provided in paragraph (b)
financial accountability to HUD and the of this section, this subpart applies to the
Federal government? following:
943.148 What procurement standards (1) PHA administration of public
apply to PHAs selecting partners for a joint housing or Section 8 programs under an
venture? Annual Contributions Contract (ACC) with
943.150 What procurement standards HUD; and
apply to a PHA's joint venture partner? (2) PHA administration of grants to the
943.151 What procurement standards PHA in connection with its public housing
apply to a joint venture itself? or Section 8 programs.
(b) This subpart does not apply to the
Authority: 42 U.S.C. 1437k and following:
3535(d). (1) PHA administration of Section 8
Source: 65 FR 71207, Nov. 29, 2000, projects assigned to a PHA for contract
unless otherwise noted. administration pursuant to an ACC entered
under the Request for Proposals (RFP)
Subpart A_General published May 19, 1999 (64 FR 27358);
(2) Section 8 contract administration of
Sec. 943.100 What is the a restructured subsidized multifamily project
by a Participating Administrative Entity in
purpose of this part? accordance with part 401 of this title; or
This part authorizes public housing (3) A PHA in its capacity as owner of a
agencies (PHAs) to form consortia, joint Section 8 project.
ventures, affiliates, subsidiaries,
partnerships, and other business Sec. 943.118 What is a
arrangements under section 13 of the United
States Housing Act of 1937 (42 U.S.C.
consortium?
1437k). Under this authority, PHAs A consortium consists of two or more
participating in a consortium enter into a PHAs that join together to perform planning,
consortium agreement, submit joint PHA reporting, and other administrative or
Plans to HUD, and may combine all or part management functions for participating
of their funding and program administration. PHAs, as specified in a consortium
This part does not preclude a PHA from agreement. A consortium also submits a
entering cooperative arrangements to joint PHA Plan. The lead agency collects the
operate its programs under other authority, assistance funds from HUD that would be
as long as they are consistent with other paid to the participating PHAs for the
program regulations and requirements. elements of their operations that are
administered by the consortium and
allocates them according to the consortium
agreement. The participating PHAs must
adopt the same fiscal year so that the
applicable periods for submission and
review of the joint PHA Plan are the same.
Notwithstanding any other regulation, PHAs
proposing to form consortia may request and
HUD may approve changes in PHA fiscal (see SEC. 943.126) to provide that HUD
years to make this possible. funding to the participating PHAs for
program categories covered by the
Sec. 943.120 What programs of consortium will be paid to the lead agency.
a PHA are included in a (b) The lead agency must not be a PHA
that is designated as a ``troubled PHA'' by
consortium's functions?
HUD, that has been determined by HUD to
(a) A PHA may enter a consortium fail the civil rights compliance threshold for
under this subpart for administration of any new funding, or that has had a PHAS
of the following program categories: designation withheld for civil rights or other
(1) The PHA's public housing program reasons. The lead agency is designated to
(which may include either the operating receive HUD program payments on behalf
fund or the capital fund, or both); of participating PHAs, to administer HUD
(2) The PHA's Section 8 voucher and requirements for administration of the funds,
certificate program (including the project- and to apply the funds in accordance with
based certificate and voucher programs and the consortium agreement and HUD
special housing types); {[[Page 399]]} regulations and requirements.
(3) The PHA's Section 8 Moderate
Rehabilitation program, including Single Sec. 943.124 What elements
Room Occupancy program;
(4) All other project-based Section 8
must a consortium agreement
programs administered by the PHA under an contain?
ACC with HUD; and (a) The consortium agreement among
(5) Any grant programs of the PHA in the participating PHAs governs the
connection with its Section 8 or public formation and operation of the consortium.
housing programs, such as the Drug The consortium agreement must be
Elimination program or the Resident consistent with any payment agreements
Opportunities and Self-Sufficiency program, between the participating PHAs and HUD
to the extent not inconsistent with the terms and must specify the following:
of the governing documents for the grant (1) The names of the participating
program's funding source. PHAs and the program categories each PHA
(b) If a PHA elects to enter a is including under the consortium
consortium with respect to a category agreement;
specified in paragraph (a) of this section, the (2) The name of the lead agency;
consortium must cover the PHA's whole (3) The functions to be performed by
program under the ACC with HUD for that the lead agency and the other participating
category, including all dwelling units and all PHAs during the term of the consortium;
funding for that program under the ACC (4) The allocation of funds among
with HUD. participating PHAs and responsibility for
administration of funds paid to the
Sec. 943.122 How is a consortium; and
consortium organized? (5) The period of existence of the
consortium and the terms under which a
(a) PHAs that elect to form a
PHA may join or withdraw from the
consortium enter into a consortium
consortium before the end of that period. To
agreement among the participating PHAs,
provide for orderly transition, addition or
specifying a lead agency (see SEC.
withdrawal of a PHA and termination of the
943.124), and submit a joint PHA Plan
consortium must take effect on the
(SEC. 943.118). HUD enters into any
anniversary of the consortium's fiscal year.
necessary payment agreements with the lead
(b) The agreement must acknowledge
agency and the other participating PHAs
that the participating PHAs are subject to the

joint PHA Plan submitted by the lead Sec. 943.130 What are the
agency. responsibilities of participating
(c) The agreement must be signed by an
authorized representative of each
PHAs?
participating PHA. (a) Responsibilities, generally. Despite
participation in a consortium, each
Sec. 943.126 What is the participating PHA remains responsible for
its own obligations under its ACC with
relationship between HUD and HUD. This means that the PHA has an
a consortium? obligation to assure that all program funds,
HUD has a direct relationship with the including funds paid to the lead agency for
consortium through the PHA Plan process administration by the consortium, are used
and through one or more payment in accordance with HUD regulations and
agreements, executed in a form prescribed requirements, and that the PHA program is
by HUD, under which HUD and the administered in accordance with HUD
participating PHAs agree that program funds regulations and requirements. Any breach of
will be paid to the lead agency on behalf of program requirements with respect to a
the participating PHAs. Such funds must be program covered by the consortium
used in accordance with the consortium agreement is a breach of the ACC with each
agreement, the joint PHA Plan and HUD of the participating PHAs, so each PHA is
regulations and requirements. responsible for the performance of the
consortium.
Sec. 943.128 How does a (b) Applicability of independent audit
consortium carry out planning and performance assessment system
and reporting functions? requirements to consortia. Where the lead
agency will manage substantially all
(a) During the term of the consortium program and activities of the consortium,
agreement, the consortium must submit joint HUD interprets financial accountability to
five-year Plans and joint Annual Plans for rest with the consortium and thus HUD will
all participating PHAs, in accordance with apply independent audit and performance
part 903 of {[[Page 400]]} assessment requirements on a consortium-
this chapter. HUD may prescribe wide basis. Where the lead agency will not
methods of submission for consortia manage substantially all programs and
generally and where the consortium does not activities of a consortium, the consortium
cover all program categories. shall indicate in its PHA Plan submission
(b) The consortium must maintain which PHAs have financial accountability
records and submit reports to HUD, in for the programs. The determination of
accordance with HUD regulations and financial accountability shall be made in
requirements, for all of the participating accordance with generally accepted
PHAs. All PHAs will be bound by Plans and accounting principles, as determined in
reports submitted to HUD by the consortium consultation with an independent public
for programs covered by the consortium. accountant. In such situations, HUD will
(c) Each PHA must keep a copy of the apply independent audit and performance
consortium agreement on file for inspection. assessment requirements consistent with that
The consortium agreement must also be a determination. With respect to any
supporting document to the joint PHA Plan. consortium, however, HUD may determine
(based on a request from the consortium or
other circumstances) to apply independent
audit and performance requirements on a
different basis where this would promote
sound management.
Subpart C_Subsidiaries, subsidiary, affiliate, or joint

Affiliates, Joint Ventures in venture have on a PHA?
Public Housing Income generated by subsidiaries,
affiliates, or joint ventures formed under the
Sec. 943.140 What programs authority of this subpart is to be used for
low-income housing or to benefit the
and activities are covered by residents assisted by the PHA. This income
this subpart? will not cause a decrease in funding
(a) This subpart applies to the provision provided under the public housing program,
of a PHA's public housing administrative except as otherwise provided under the
and management functions, and to the Operating Fund and Capital Fund formulas.
provision (or arranging for the provision) of
supportive and social services in connection Sec. 943.146 What impact does
with public housing. This subpart does not the use of a subsidiary, affiliate,
apply to activities of a PHA that are subject
to the requirements of part 941, subpart F, of
or joint venture have on
this title. financial accountability to HUD
(b) For purposes of this subpart, the and the Federal government?
term ``joint venture partner'' means a None; the subsidiary, affiliate, or joint
participant (other than a PHA) in a joint venture is subject to the same authority of
venture, partnership, or other business HUD, HUD's Inspector General, and the
arrangement or contract for services with a Comptroller General to audit its conduct.
PHA.
(c) This part does not affect a PHA's Sec. 943.148 What procurement
authority to use joint ventures, as may be
standards apply to PHAs
permitted under State law, when using non-
1937 Act funds. selecting partners for a joint
venture?
Sec. 943.142 In what types of (a) The requirements of part 85 of this
operating organizations may a title are applicable to this part, subject to
PHA participate? paragraph (b) of this section, in connection
with the PHA's public housing program.
(a) A PHA may create and operate a (b) A PHA may use competitive
wholly owned or controlled subsidiary or proposal procedures for qualifications-based
other affiliate; may enter into joint ventures, procurement (request for qualifications or
partnerships, or other business arrangements ``RFQ''), or may solicit a proposal from only
with individuals, organizations, entities, or one source (``sole source'') to select a joint
governmental units. A subsidiary or affiliate venture partner to perform an administrative
may be a nonprofit corporation. A or management function of its public
subsidiary or affiliate may be an housing program or to provide or arrange to
organization controlled by the same persons provide supportive or social services
who serve on the governing board of the covered under this part, under the following
PHA or who are employees of the PHA. circumstances:
(b) The purpose of any of these (1) The proposed joint venture partner
operating organizations would be to has under its control and will make available
administer programs of the PHA. {[[Page to the partnership substantial, unique and
401]]} tangible resources or other benefits that
would not otherwise be available to the PHA
Sec. 943.144 What financial on the open market (e.g., planning expertise,
impact do operations of a program experience, or financial or other

resources). In this case, the PHA must selected bidder's response to a RFP or RFQ
maintain documentation to substantiate both (as applicable), without the need for further
the cost reasonableness of its selection of the procurement if:
proposed partner and the unique (1) The PHA can demonstrate that its
qualifications of the partner: or original competitive selection of the partner
(2) A resident group or a PHA clearly anticipated the later provision of
subsidiary is willing and able to act as the such goods or services;
PHA's partner in performing administrative (2) Compensation of all identity-of-
and management functions or to provide interest parties is structured to ensure
supportive or social services. This entity {[[Page 402]]}
must comply with the requirements of part there is no duplication of profit or
84 of this title (if the entity is a nonprofit) or expenses; and
part 85 of this title (if the entity is a State or (3) The PHA can demonstrate that its
local government) with respect to its selection is reasonable based upon
selection of the members of the team and the prevailing market costs and standards, and
members must be paid on a cost- that the quality and timeliness of the goods
reimbursement basis only. The PHA must or services is comparable to that available in
maintain documentation that indicates both the open market. For purposes of this
the cost reasonableness of its selection of a paragraph (c), an `ìdentity-of-
resident group or PHA subsidiary and the interest party'' means a party that is
ability of that group or subsidiary to act as wholly owned or controlled by, or that is
the PHA's partner under this provision. otherwise affiliated with, the partner or the
PHA. The PHA may use an independent
Sec. 943.150 What procurement organization experienced in cost valuation to
standards apply to a PHA's determine the cost reasonableness of the
proposed contracts.
joint venture partner?
(a) General. A joint venture partner is Sec. 943.151 What procurement
not a grantee or subgrantee and, accordingly,
is not required to comply with part 84 or
standards apply to a joint
part 85 of this title in its procurement of venture itself?
goods and services under this part. The (a) When the joint venture as a whole is
partner must comply with all applicable controlled by the PHA or an identity of
State and local procurement and conflict of interest party of the PHA, the joint venture
interest requirements with respect to its is subject to the requirements of part 85 of
selection of entities to assist in PHA this title.
program administration. (b) If a joint venture is not controlled
(b) Exception. If the joint venture by the PHA or an identity of interest party of
partner is a subsidiary, affiliate, or identity the PHA, then the rules that apply to the
of interest party of the PHA, it is subject to other partners apply. See SEC. 943.150.
the requirements of part 85 of this title.
HUD may, on a case-by-case basis, exempt
such a joint venture partner from the need to
comply with requirements under part 85 of
this title if HUD determines that the joint
venture has developed an acceptable
alternative procurement plan.
(c) Contracting with identity-of-interest
parties. A joint venture partner may contract
with an identity-of-interest party for goods
or services, or a party specified in the
24 CFR 945 Designated Public Housing Disabled, Elderly
Subpart A_General
Sec. 945.101 Purpose.
24 CFR 945 Designated The purpose of this part is to provide
Public Housing Disabled, for designated housing as authorized by
section 7 of the U.S. Housing Act of 1937
Elderly (42 U.S.C. 1437e). Section 7 provides public
[Code of Federal Regulations] housing agencies with the option, subject to
[Title 24, Volume 4] the requirements and procedures of this part,
[Revised as of April 1, 2004] to designate public housing projects, or
From the U.S. Government Printing portions of public housing projects, for
Office via GPO Access occupancy by disabled families, elderly
[Page 402-411] families, or mixed populations of disabled
TITLE 24--HOUSING AND URBAN families and elderly families.
DEVELOPMENT
CHAPTER IX--OFFICE OF Sec. 945.103 General policies.
ASSISTANT SECRETARY FOR PUBLIC (a) Agency participation. Participation
AND INDIAN HOUSING, DEPARTMENT in this program is limited to public housing
OF HOUSING AND URBAN agencies (PHAs) (as this term is defined in
DEVELOPMENT 24 CFR 913.102) that elect to designate
PART 945_DESIGNATED public housing projects for occupancy by
HOUSING_PUBLIC HOUSING disabled families, elderly families, or
DESIGNATED FOR OCCUPANCY BY disabled families and elderly families, as
DISABLED, ELDERLY, OR DISABLED provided by this part.
AND ELDERLY FAMILIES (b) Eligible housing--(1) Designation of
public housing. Projects eligible for
Subpart A_General designation under this part are public
945.101 Purpose. housing projects as described in the
945.103 General policies. definition of ``project'' in SEC. 945.105.
945.105 Definitions. (2) Additional housing resources. To
meet the housing and supportive service
Subpart B_Application and Approval needs of elderly families, and disabled
Procedures families, including non-
945.201 Approval to designate housing. elderly disabled families, who will not
945.203 Allocation plan. be housed in a designated project, PHAs
945.205 Designated housing for shall utilize housing resources that they
disabled families. own, control, or have received preliminary
notification that they will obtain (e.g.,
Subpart C_Operating Designated section 8 certificates and vouchers). They
Housing also may utilize housing resources for which
945.301 General requirements. they plan to apply during the period covered
945.303 Requirements governing by the allocation plan, and that they have a
occupancy in designated housing. reasonable expectation of obtaining. PHAs
also may utilize, to the extent practicable,
Authority: 42 U.S.C. 1473e and any housing facilities that they own or
3535(d). control in which supportive services are
Source: 59 FR 17662, Apr. 13, 1994, already provided, facilitated or coordinated,
unless otherwise noted. such as mixed housing, shared housing,
family housing, group homes, and
congregate housing.

(3) Exemption of mixed population (e. g., elderly family in a project designated
projects. A PHA with a public housing for elderly families).
project with a mixed population of elderly Designated housing or designated
families and disabled families that plans to project means a project (or projects), or a
house them in such {[[Page 403]]} portion of a project (or projects) (as these
project in accordance with the terms are defined in this section), that has
requirements of 24 CFR part 960, subpart D, been designated in accordance with the
is not required to meet the designation requirements of this part.
requirements of this part. Disabled family means a family whose
(c) Family Participation in designated head or spouse or sole member is a person
housing--(1) Voluntary participation. The with disabilities. The term ``disabled family''
election to reside in designated housing is may include two or more persons with
voluntary on the part of a family. No disabilities living together, and one or more
disabled family or elderly family may be persons with disabilities living with one or
required to reside in designated housing, nor more persons who are determined to be
shall a decision not to reside in designated essential to the care or well-being of the
housing adversely affect the family with person or persons with disabilities. A
respect to occupancy of another appropriate disabled family may include persons with
project. disabilities who are elderly.
(2) Meeting stated eligibility Elderly family means a family whose
requirements. Nothing in this part shall be head, spouse, or sole member is an elderly
construed to require or permit a PHA to person. The term `èlderly family'' includes
accept for admission to a designated project an elderly person, two or more elderly
a disabled family or elderly family who does persons living together, and one or more
not meet the stated eligibility requirements elderly persons living with one or more
for occupancy in the project (for example, persons who are determined to be essential
income), as set forth in HUD's regulations in to the care or well-being of the elderly
24 CFR parts 912 and 913, and in the PHA's person or persons. An elderly family may
admission policies. include elderly persons with disabilities and
other family members who are not elderly.
Sec. 945.105 Definitions. Family includes but is not limited to a
The terms Department, Elderly person, single person as defined in this part, a
HUD, NAHA, Public Housing Agency displaced person (as defined in 24 CFR part
(PHA), and Secretary are defined in 24 CFR 912), a remaining member of a tenant
part 5. family, a disabled family, an elderly family,
Act means the United States Housing a near-elderly family, and a family with
Act of 1937 (42 U.S.C. 1437- children. It also includes an elderly family or
1440). a disabled family composed of one or more
Accessible units means units that meet elderly persons living with one or more
the requirement of accessibility with respect disabled persons.
to dwellings as set forth in the second Housing has the same meaning as
definition of `àccessible'' in 24 CFR 8.3. ``project,'' which is defined in this section.
Allocation plan. See SEC. 945.201. Mixed population project means a
CHAS means the comprehensive public housing project reserved for elderly
housing affordability strategy required by families and disabled families. This is the
section 105 of the National Affordable project type referred to in NAHA as being
Housing Act (42 U.S.C. 12705) or any designated for elderly and disabled families.
successor plan prescribed by HUD. A PHA that has a mixed population project
Designated family means the category or intends to develop one need not submit an
of family for whom the project is designated allocation plan or request a designation.
However, the project must meet the not require that the buildings, floors or units
requirements of 24 CFR part 960 subpart D. be contiguous.)
Near-elderly family means a family Project means low-income housing
whose head, spouse, or sole member is a developed, acquired, or assisted by a PHA
near-elderly person. The term ``near-elderly under the U.S. Housing Act of 1937 (other
family'' includes two or more near-elderly than section 8) for which there is an Annual
persons living together, and one or more Contributions Contract (ACC) between
near-elderly persons living with one or more HUD and the PHA. For purposes of this
persons who are determined to be essential part, the terms housing and public housing
to the care or well-being of the near-elderly mean the same as project. Additionally, as
person or persons. A near-elderly family used in this part, and unless the context
may include other family members who are indicates otherwise, the term project when
not near-elderly. {[[Page 404]]} used in the singular includes the plural, and
Near-elderly person means a person when used in the plural, includes the
who is at least 50 years of age but below the singular, and also includes a ``portion of a
age of 62, who may be a person with a project,'' as defined in this section.
disability. Public housing or public housing
Non-elderly disabled person means a project. See definition of ``project'' in this
person with a disability who is less than 62 section.
years of age. Service provider means a person or
Person with disabilities means a person organization qualified and experienced in
who-- the provision of supportive services, and that
(a) Has disability as defined in section is in compliance with any licensing
223 of the Social Security Act (42 U.S.C. requirements imposed by State or local law
423), or for the type of service or services to be
(b) Is determined to have a physical, provided. The service provider may provide
mental, or emotional impairment that-- the service on either a for-profit or not-for-
(1) Is expected to be of long-continued profit basis.
and indefinite duration, Single person means a person who lives
(2) Substantially impedes his or her alone or intends to live alone, who is not an
ability to live independently, and elderly person, a person with disabilities, a
(3) Is of such a nature that such ability displaced person, or the remaining member
could be improved by more suitable housing of a tenant family.
conditions, or Supportive service plan. See SEC.
(c) Has a developmental disability as 945.205.
defined in section 102 of the Developmental Supportive services means services
Disabilities Assistance and Bill of Rights available to persons residing in a
Act (42 U.S.C. 6001(5)). development, requested by disabled families
The term ``person with disabilities'' and for which there is a need, and may
does not exclude persons who have the include, but are not limited to, meal services,
disease of acquired immunodeficiency health-
syndrome or any conditions arising from the related services, mental health services,
etiologic agent for acquired services for nonmedical counseling, meals,
immunodeficiency syndrome. transportation, personal care, bathing,
Portion of project includes: One or toileting, housekeeping, chore assistance,
more buildings in a multi- safety, group and socialization activities,
building project; one or more floors of assistance with medications (in accordance
a project or projects; a certain number of with any applicable State laws), case
dwelling units in a project or projects. management, personal emergency response,
(Designation of a portion of a project does and other appropriate services.

[59 FR 17662, Apr. 13, 1994, as (``projects'') and includes a portion of a
amended at 61 FR 5214, Feb. 9, 1996] project.
(b) Consultation in plan development.
Subpart B_Application and These consultation requirements apply to the
development of an initial allocation plan as
Approval Procedures provided in paragraph (c) of this section, or
any update of the allocation plan as provided
Sec. 945.201 Approval to in paragraph (f) of this section.
designate housing. (1) In preparing the draft plan, the PHA
(a) Designated housing for elderly shall consult with:
families. To designate a project for (i) The State or unit of general local
occupancy by elderly families, a PHA must government where the project is located;
have a HUD-approved allocation plan that (ii) Public and private service
meets the requirements of SEC. 945.203. providers;
(b) Designated housing for disabled (iii) Representative advocacy groups
families. To designate a project for for each of these family types: disabled
occupancy by disabled families, a PHA must families, elderly families, and families with
have a HUD-approved allocation plan that children, where such advocacy groups exist;
meets the requirements of SEC. 945.203, (iv) Representatives of the residents of
and a HUD- the PHA's projects proposed for designation,
approved supportive service plan that including representatives from resident
meets the requirements of SEC. 945.205. councils or resident management
(c) Designated housing for elderly corporations where they exist; and
families and disabled families. (1) A PHA (v) Other parties that the PHA
that provides or intends to provide a mixed determines would be interested in the plan,
population project (a project for both elderly or other parties that have contacted the PHA
families and disabled families) {[[Page and expressed an interest in the plan.
405]]} (2) Following the completion of the
is not required to meet the requirements draft plan, the PHA shall:
of this part. The PHA is required to meet the (i) Issue public notices regarding its
requirements of 24 CFR part 960, subpart D. intention to designate housing and the
(2) A PHA that intends to provide availability of the draft plan for review;
designated housing for elderly families or (ii) Contact directly those individuals,
for disabled families must identify any agencies and other interested parties
existing or planned mixed population specified in paragraph (b)(1) of this section,
projects, reserved under 24 CFR part 960, and advise of the availability of the draft
subpart B, as additional housing resources, plan for review;
in its allocation plan, in accordance with (iii) Allow not less than 30 days for
SEC. 945.203(c)(6). public comment on the draft allocation plan;
(iv) Make free copies of the draft plan
Sec. 945.203 Allocation plan. available upon request, and in accessible
(a) Applicable terminology. (1) As used format, when appropriate;
in this section, the terms `ìnitial allocation (v) Conduct at least one public meeting
plan'' refers to the PHA's first submission of on the draft allocation plan;
an allocation plan, and `ùpdated allocation (vi) Give fair consideration to all
plan'' refers to the biennial update (once comments received; and
every two years) of this plan, which is (vii) Retain any records of public
described in paragraph (f) of this section. meetings held on the allocation plan (or
(2) As provided in SEC. 945.105, the updated plan) and any written comments
term ``project'' includes the plural received on the plan for a period of five
years commencing from the date of
submission of the allocation plan to HUD. (A) The waiting list from which
These records must be available for review vacancies in the project are filled; and
by HUD. (B) A local housing needs survey, if
(c) Contents of initial plan. The initial available, such as the CHAS, for the
allocation plan shall contain, at a minimum, jurisdiction within which the area served by
the information set forth in this paragraph the PHA is located;
(c). (iii) An estimate of the number of
(1) Identification of the project to be potential tenants who will need accessible
designated and type of designation to be units based on information provided by:
made. The PHA must: (A) The needs assessment prepared in
(i) Identify the type of designation to be accordance with 24 CFR 8.25, and
made (i.e., housing for disabled families or (B) A housing needs survey, if
housing for elderly families); available, such as the CHAS or HUD-
(ii) Identify the building(s), floor(s), or prescribed successor survey;
unit(s) to be designated and their location, or (iv) The number of units in the project
if specific units are not designated, the that became vacant and available for
number to be designated; and occupancy during the year preceding the
(iii) State the reasons the building(s), date of submission of the allocation plan to
floor(s), or unit(s) were selected for HUD;
designation. (v) The average length of vacancy for
(2) Identification of groups and persons dwelling units in the project for the year
consulted and comments submitted. The preceding the date of submission of the
PHA must: allocation plan to HUD;
(i) Identify the groups and persons with (vi) An estimate of the number of units
whom the PHA has consulted in the in the project that the PHA expects to
development of the allocation plan; become vacant and available for occupancy
(ii) Include a summary of comments during the two-year period following the
received on the plan from the groups and date of submission of the allocation plan to
persons consulted; and HUD (i.e., if the project were not to be
(iii) Describe how the plan addresses designated);
these comments. (vii) An estimate of the average length
(3) Profile of proposed designated of time elderly families and non-elderly
project in pre-designation state. This persons with disabilities currently have to
component of the plan must include, wait for a dwelling unit.
{[[Page 406]]} (4) Projected profile of project in
for the projects, buildings, or portions designated state. This component of the plan
of buildings to be designated: must:
(i) The total number of families (i) Identify the source of the families
currently occupying the project, and for the designated project (e.g., current
(A) The number of families who are residents of the project, families currently on
members of the group for whom the project the waiting list, residents of other projects,
is to be designated, and and potential tenants based on information
(B) The number of families who are not from the local housing needs survey);
members of the group for whom the project (ii) For projects proposed to be
is to be designated; designated for occupancy by elderly families
(ii) An estimate of the total number of an estimate of the number of:
elderly families and disabled families who (A) Units in the project that are
are potential tenants of the project (i.e., as anticipated to become vacant and available
the project now exists), based on for occupancy during the two-year period
information provided by: following the date of submission of the
allocation plan to HUD;

(B) Near-elderly families who may be project for elderly families, the PHA must
needed to fill units in the designated project provide the same level of services, upon the
for elderly families, as provided in SEC. request of non-elderly disabled families.
945.303(c); (iv) If a project is being designated for
(iii) Describe any impact the elderly families, identify the additional
designation may have on the average length housing resources that the PHA determines
of time applicants in the group for which the will be sufficient to provide assistance to not
project is designated and other applicants less than the number of non-
will have to wait for a dwelling unit. elderly disabled families that would
(5) PHA occupancy policies and have been housed by the PHA if occupancy
procedures. This component of the plan in units in the designated project were not
must describe any changes the PHA intends restricted to elderly families (one-for-one
to make in its admission policies to replacement is not required). Among these
accommodate the designation, including: resources may be:
(i) How the waiting list will be (A) Normal turnover in existing
maintained; projects;
(ii) How dwelling units will be (B) Existing housing stock that
assigned; and previously was not available to or
(iii) How records will be maintained to considered for non-elderly disabled families.
document the effect on all families who Examples are dwellings in general
would have resided in the designated project occupancy (family) projects that are
if it had not been designated. reconfigured to meet the dwelling size needs
(6) Strategy for addressing the current of the non-elderly disabled families, or were
and future housing needs of the families in previously occupied by elderly families who
the PHA's jurisdiction. The PHA must: will relocate to the designated project for
(i) Identify the housing resources elderly families, or were previously vacant
currently owned or controlled by the PHA, because there had not been a demand for
including any mixed population projects, in dwellings of that size in that location;
existence, as provided in 24 CFR part 960, (C) Housing for which the PHA has
subpart D, that will be available to these received preliminary notification that it will
families; obtain; and
(ii) Describe the steps to be taken by (D) Housing for which the PHA plans
the PHA to respond to any need for to apply during the period covered by the
accessible units that will no longer be allocation plan, and which it has a
available for applicants who need them. The reasonable expectation of obtaining.
PHA has a continuing obligation under (v) Where a project is being designated
section 504 of the Rehabilitation Act of for elderly families, explain how the PHA
1973 (29 U.S.C. 794) to provide accessible plans to secure the required additional
dwellings even if the project designation housing resources. In the case of housing for
removes accessible dwellings from the which the PHA plans to apply, the PHA
inventory of possible dwellings for non- must provide sufficient information about
elderly persons with disabilities; the housing resource and its application to
(iii) If a project is being designated for establish that the PHA can reasonably
elderly families, describe the steps the PHA expect to obtain the housing.
will take to facilitate access {[[Page 407]]} (vi) Describe incentives, if any, that the
to supportive services by non-elderly PHA intends to offer to:
disabled families. The services should be (A) Families who are members of the
equivalent to those available in the group for whom a project was designated to
designated project and requested by non- achieve voluntary transfers to the designated
elderly disabled families. If the PHA funds project; and
supportive services for the designated
(B) Families who are not members of (3) Approval limited solely to approval
the group for whom a project was of designated housing. HUD's approval
designated to achieve voluntary transfers {[[Page 408]]}
from the project proposed to be designated; of an initial plan or updated allocation
(d) Criteria for allocation plan plan under this section may not be construed
approval. HUD shall approve an initial to constitute approval of any request for
allocation plan, or updated allocation plan, if assistance for major reconstruction of
HUD determines that: obsolete projects, assistance for
(1) The information contained in the development or acquisition of public
plan is complete and accurate (a plan that is housing, or assistance under 24 CFR part
incomplete, i.e., missing required statements 890 (supportive housing for persons with
or items, will be disapproved), and the disabilities).
projections are reasonable; (4) Resubmission following
(2) Implementation of the plan will not disapproval. If HUD disapproves an initial
result in a substantial increase in the allocation plan, a PHA shall have a period of
vacancy rates in the designated project; not less than 45 days or more than 90 days
(3) Implementation of the plan will not following notification of disapproval as
result in a substantial increase in delaying or provided in paragraph (e)(2) of this section,
denying housing assistance to families on to submit amendments to the plan, or to
the PHA's waiting list because of submit a revised plan.
designating projects; (f) Biennial update of plan--(1)
(4) The plan for securing sufficient General. Each PHA that owns or operates a
additional housing resources for non-elderly public housing project that is designated for
disabled persons can reasonably be occupancy under this part shall update its
achieved; and allocation plan not less than once every two
(5) The plan conforms to the years, from the date of HUD approval of the
requirements of this part. initial allocation plan. A PHA that wishes to
(e) Allocation plan approval or amend or revise its plan later than 90 days
disapproval.--(1) Written notification. HUD after HUD disapproval must begin the
shall notify each PHA, in writing, of hearing and consultation process again.
approval or disapproval of the initial or (2) Failure to submit updated plan. If
updated allocation plan. the PHA fails to submit the updated plan as
(2) Timing of notification. An required by this paragraph (f), the Secretary
allocation plan shall be considered to be may revoke the designation in accordance
approved by HUD if HUD fails to provide with the provisions of paragraph (f)(4)(ii) of
the PHA with notification of approval or this section.
disapproval of the plan, as required by (3) Contents of updated plan. The
paragraph (e)(1) of this section, within: updated allocation plan shall contain, at a
(i) 90 days after the date of submission minimum, the following information:
of an allocation plan that contains (i) The most recent update of the
comments, as provided in paragraph (c)(2) allocation plan data, and projections for the
of this section; or next two years;
(ii) 45 days after the date of submission (ii) An assessment of the accuracy of
of all other plans, including the projections contained in previous plans
(A) Initial plans for which no and in the updated allocation plan;
comments were received; (iii) The number of times a vacancy
(B) Updated plans, as provided in was filled in accordance with SEC.
paragraph (f) of this section; and 945.303(c);
(C) Revised initial plans or revised (iv) A discussion of the impact of the
updated plans, as provided in paragraph designation on the designated project and
(e)(4) of this section. the other public housing projects operated

by the PHA, using the data obtained from demand by disabled families for such
the system developed in SEC. 945.203(c), designation. In the absence of such
including demonstrated need and demand, PHAs
(A) The number of times there was a should provide for the housing needs of
substantial increase in delaying housing disabled families in the most integrated
assistance to families on the PHA's waiting setting possible.
list because projects were designated; and (2) To designate a project for disabled
(B) The number of times there was a families, a PHA must submit the allocation
substantial increase in denying housing plan required by SEC. 945.203 and the
assistance to families on the PHA's waiting supportive service plan described in
list because projects were designated; paragraph (b) of this section.
(v) A plan for adjusting the allocation (3) In its allocation plan, {[[Page
of designated units, if necessary. 409]]}
(4) Criteria for approval of updated (i) The PHA may not designate a
plan. (i) HUD shall approve an updated project for persons with a specific disability;
allocation plan based on HUD's review and (ii) The designated project does not
assessment of the updated plan, using the have to be made up of contiguous units.
criteria in (d) of this section. If HUD PHAs are encouraged to place the units in
considers it appropriate, the review and the project, whether contiguous or not, in the
assessment shall include any on-site review most integrated setting possible.
and monitoring of PHA performance in the (4) The consultation process for the
administration of its designated housing and allocation plan provided in SEC. 945.203(b)
in the allocation of the PHA's housing and consultation process for the supportive
resources. Notification of approval or service plan provided in this section may
disapproval of the updated allocation plan occur concurrently.
shall be provided in accordance with (5) If the PHA conducts surveys to
paragraph (e) of this section; determine the need or demand for a
(ii) If a PHA's updated plan is not designated project for disabled families or
approved, HUD may require PHAs to for supportive services in such project, the
change the designation of existing or PHA must protect the confidentiality of the
planned projects to other categories, such as survey responses.
general occupancy or mixed population (b) Supportive Service Plan. The plan
projects. shall describe how the PHA will provide or
(5) Notification of approval or arrange for the provision of the appropriate
disapproval of updated plan. HUD shall supportive services requested by the
notify each PHA submitting an updated plan disabled families who will occupy the
of approval or disapproval of the updated designated housing and who have expressed
plan, in accordance with the form of a need for these services.
notification and within the time periods (1) Contents of plan. The supportive
required by paragraph (e) of this section. service plan, at a minimum, must:
(Approved by the Office of (i) Identify the number of disabled
Management and Budget under control families who need the supportive services
number 2577-0192) and who have expressed an interest in
receiving them;
Sec. 945.205 Designated (ii) Describe the types of supportive
housing for disabled families. services that will be provided, and, if
known, the length of time the supportive
(a) General. (1) In general, HUD will
services will be available;
approve designated projects for disabled
(iii) Identify each service provider to be
families only if there is a clear
utilized, and describe the experience of the
demonstration that there is both a need and a
service provider in delivering supportive initial supportive service plan, or any update
services; of the supportive service plan, the PHA
(iv) Describe how the supportive shall:
services will be provided to the disabled (i) Issue public notices regarding its
families that the designated housing is intention to provide supportive services to
expected to serve (how the services will be designated housing for disabled families and
provided depends upon the type of service the availability of the draft supportive
offered; e.g., if the package includes service plan;
transportation assistance, how transportation (ii) Send notices directly to interested
assistance will be provided to disabled individuals and agencies that have contacted
families); the PHA and have expressed an interest in
(v) Identify all sources of funding upon the supportive service plan, and to parties
which the PHA is relying to deliver specified in paragraph (b)(1)(vii) of this
supportive services to residents of the section;
designated housing for disabled families, or (iii) Allow not less than 30 days for
the supportive service resources to be public comment on the supportive service
provided in lieu of funding; plan;
(vi) Submit evidence of a specific (iv) Make free copies of the draft plan
contractual commitment or commitments available upon request, and in accessible
provided to the PHA by the sources format, when appropriate;
identified in paragraph (b)(1)(v) of this (v) Conduct at least one public meeting
section to make funds available for regarding the supportive service plan;
supportive services, or the delivery of {[[Page 410]]}
supportive services available to the PHA for (vi) Give fair consideration to all
at least two calendar years; comments received; and
(vii) Identify any public and private (vii) Retain any records of the public
service providers, advocates for the interests meetings held on the supportive service
of designated housing families, and other plan, and any written comments received on
interested parties with whom the PHA the supportive service plan for a period of
consulted in the development of this five years, from the date of submission of
supportive service plan, and summarize the the supportive service plan. These records
comments and recommendations made by must be available for review by HUD.
these parties. (These comments must be (c) Approval. HUD shall approve
maintained for a period of five years, and be designated housing for disabled families if
available for review by HUD as provided in the allocation plan meets the requirements of
paragraph (b)(2)(vii) of this section.); SEC. 945.203, including demonstrating both
(viii) If applicable, address the need for a need and a demand for designated housing
residential supervision of disabled families for disabled families, and if HUD
(on-site supervision within the designated determines on the basis of the information
housing) and how this supervision is to be provided in the supportive service plan that:
provided; (1) There is a sufficient number of
(ix) Include any other information that persons with disabilities who have expressed
the PHA determines would assist HUD in an interest in occupying a designated project
assessing the suitability of the PHA's for disabled families, and who have
supportive service plan; and expressed a need and demand for the
(x) Include any additional information supportive services that will be provided;
that HUD may request, and which is (2) The supportive services are
appropriate to a determination of the adequately designed to meet the needs of the
suitability of the supportive service plan. disabled families who have indicated a
(2) Public review and comment on the desire for them;
supportive service plan. In preparing the

(3) The service provider has current or Sec. 945.303 Requirements
past experience administering an effective governing occupancy in
supportive service delivery program for
persons with disabilities;
designated housing.
(4) If residential supervision is (a) Priority for occupancy. Except as
required, a written commitment to provide provided in paragraph (c) of this section, in
this supervision in the designated housing. determining priority for admission to
(Approved by the Office of designated housing, the PHA shall make
Management and Budget under control units in the designated housing available
number 2577-0192) only to designated families.
(b) Compliance with preference
Subpart C_Operating regulations. Among the designated families,
the PHA shall give preference in accordance
Designated Housing with the preferences in 24 CFR part 960,
subpart B.
Sec. 945.301 General (c) Eligibility of other families for
requirements. housing designated for elderly families--(1)
The application procedures and Insufficient elderly families. If there are an
operation of designated projects shall be in insufficient number of elderly families for
conformity with the regulations of this part, the units in a project designated for elderly
and the regulations applicable to PHAs in 24 families, the PHA may make dwelling units
CFR Chapter IX, including 24 CFR parts available to near-elderly families, who
913, 960 and 966, and, in particular, the qualify for preferences under 24 CFR part
nondiscrimination requirements of 24 CFR 960, subpart B. The election to make
960.211(b)(3), that include but are not dwelling units available to near-elderly
limited to section 504 of the Rehabilitation families if there are an insufficient number
Act of 1973 (29 U.S.C. 794), Fair Housing of elderly families should be explained in
Act (42 U.S.C. 3601-3619), title VI of the the PHA's allocation plan.
Civil Rights Act of 1964 (42 U.S.C. 2000d), (2) Insufficient elderly families and
section 3 of the Housing and Urban near-elderly families. If there are an
Development Act of 1968 (12 U.S.C. insufficient number of elderly families and
1701u), the Age Discrimination Act (42 near-elderly families for the units in a
U.S.C. 6101-6107), Executive Order 11246 project designated for elderly families, the
(3 CFR 1964-1965 Comp., p. 339), PHA shall make available to all other
Executive Order 11063, as amended by families any dwelling unit that is:
Executive Order 12259 (3 CFR 1958- (i) Ready for re-rental and for a new
1963 Comp., p. 652 and 3 CFR 1980 lease to take effect; and
Comp., p. 307), the Americans with (ii) Vacant for more than 60
Disabilities Act (42 U.S.C. 12101-12213) consecutive days.
(to the extent the Americans with (d) Tenant choice of housing. (1)
Disabilities Act is applicable) and the Subject to paragraph (d)(2) of this section,
implementing regulations of these statutes {[[Page 411]]}
and authorities; and other applicable the decision of any disabled family or
Federal, State, and local laws prohibiting elderly family not to occupy or accept
discrimination and promoting equal occupancy in designated housing shall not
opportunity. have an adverse affect on:
(i) The family's admission to or
continued occupancy in public housing; or
(ii) The family's position on or
placement on a public housing waiting list.
24 CFR 963 Contracting With Resident-Owned Businesses
(2) The protection provided by
paragraph (d)(1) of this section shall not
apply to any family who refuses to occupy 24 CFR 963 Contracting
or accept occupancy in designated housing
because of the race, color, religion, sex, With Resident-Owned
disability, familial status, or national origin Businesses
of the occupants of the designated housing
or the surrounding area. [Code of Federal Regulations]
(3) The protection provided by [Title 24, Volume 4]
paragraph (d)(1) of this section shall apply [Revised as of April 1, 2004]
to an elderly family or disabled family that From the U.S. Government Printing
declines to accept occupancy, respectively, Office via GPO Access
in a designated project for elderly families [Page 452-455]
or for disabled families, and requests TITLE 24--HOUSING AND URBAN
occupancy in a general occupancy project or DEVELOPMENT
in a mixed population project. CHAPTER IX--OFFICE OF
(e) Appropriateness of dwelling unit to ASSISTANT SECRETARY FOR PUBLIC
family size. This part may not be construed AND INDIAN HOUSING, DEPARTMENT
to require a PHA to offer a dwelling in a OF HOUSING AND URBAN
designated project to any family who is not DEVELOPMENT
of appropriate family size for the dwelling PART 963_PUBLIC
unit. The temporary absence of a child from HOUSING_CONTRACTING WITH
the home due to placement in foster care is RESIDENT-OWNED BUSINESSES
not considered in determining family
composition and family size. Subpart A_General
(f) Prohibition of evictions. Any tenant 963.1 Purpose.
who is lawfully residing in a dwelling unit in 963.3 Applicability.
a public housing project may not be evicted 963.5 Definitions.
or otherwise required to vacate the unit
because of the designation of the project, or Subpart B_Contracting with Resident-
because of any action taken by HUD or the Owned Businesses
PHA in accordance with this part. 963.10 Eligible resident-owned
(g) Prohibition of coercion to accept businesses.
supportive services. As with other HUD- 963.12 Alternative procurement
assisted housing, no disabled family or process.
elderly family residing in designated
housing may be required to accept Authority: 42 U.S.C. 1437 and 3535(d).
supportive services made available by the Source: 57 FR 20189, May 11, 1992,
PHA under this part. unless otherwise noted. {[[Page 453]]}
(h) Availability of grievance
procedures in 24 CFR part 966. The Subpart A_General
grievance procedures in 24 CFR part 966,
subpart B, which applies to public housing Sec. 963.1 Purpose.
tenants, is applicable to this part. The purpose of this part is to enhance
the economic opportunities of public
housing residents by providing public
housing agencies with a method of soliciting
and contracting with eligible and qualifed
resident-owned businesses (as defined in
this part) for public housing services,
supplies, or construction. The contract

award method provided by this part is based Certification. A written assertion based
on the established procurement procedures on supporting evidence, which shall be kept
set forth in 24 CFR 85.36, with solicitation available for inspection by the Secretary, the
as provided by these procedures limited to Inspector General, and the public, which
resident-owned businesses. The contract assertion shall be deemed to be accurate for
award method provided by this part is not a purposes of this part, unless the Secretary
requirement. It is an alternative procurement determines otherwise after inspecting the
method available to public housing agencies, evidence and providing due notice and
subject to the conditions set forth in this opportunity for comment.
part, and subject to permissibility under Contract or public housing contract.
State and local laws. Any contract awarded by a PHA for
services, supplies, or construction necessary
Sec. 963.3 Applicability. for the development, operation,
The policies and procedures contained modernization, or maintenance of public
in this part apply to public housing housing.
developments that are owned by public Management officials. The individuals
housing agencies (PHAs) and that are who possess the power to make the day-to-
covered by Annual Contributions Contracts day, as well as major, decisions on matters
(ACC) with the Department. Public housing of management, policy, and operations of
contracts eligible to be awarded under the the resident-owned business.
alternative procurement process provided by Principal. An owner, partner, director,
this part are limited to individual contracts or management official of the resident-
that do not exceed $1,000,000. Resident- owned business with the power and
owned businesses eligible to participate in authority to represent the business and to
the alternative procurement process are execute contract, leases, agreements, and
limited to those that meet the eligibility other documents on behalf of the business.
requirements of SEC. 963.10. The policies Public housing or public housing
and procedures contained in this part are development. Any public housing
consistent with the objectives of section 3 of development which is owned by a Public
the Housing and Urban Development Act of Housing Agency (PHA) and is receiving
1968 (12 U.S.C. 1701u), and similar Federal funds under an Annual Contribution
requirements imposed on public housing Contract (ACC).
programs. (See 24 CFR 941.208(a) and 24 Public housing resident. Any individual
CFR 968.110(a)). who resides in public housing as a signatory
[57 FR 20189, May 11, 1992, as on a public housing lease, or as a member of
amended at 59 FR 33895, June 30, 1994] the family of the individual(s) who is the
signatory on the public housing lease.
Resident-owned business. Any business
concern which is owned and controlled by
The terms HUD and Public housing public housing residents. (The term
agency (PHA) are defined in 24 CFR part 5. ``resident-owned business'' includes sole
Act. The U.S. Housing Act of 1937 (42 proprietorships.) For purposes of this part,
U.S.C. 1437). `òwned and controlled'' means a business:
Alternative procurement process. The (1) Which is at least 51 percent owned
alternative method of public housing by one or more public housing residents;
contract award available to public housing and {[[Page 454]]}
agencies and eligible resident-owned (2) Whose management and daily
businesses under the conditions set forth in business operations are controlled by one or
this part. more such individuals.
Annual Contributions Contract (ACC). All securities which constitute
See definition in 24 CFR 968.105. ownership or control of a corporation for
24 CFR 963 Contracting With Resident-Owned Businesses
purposes of establishing the business as a resident-owned) engaged in the type of
resident-owned business shall be held business activity with which the resident-
directly by the public housing residents. No owned business is engaged. For purposes of
securities held in trust, or by any guardian this part, ``relationship'' means employment
for a minor, shall be considered as held by by, or having an ownership interest in, a
the public housing resident in determining business. The business also shall submit
the ownership or control of a corporation. such evidence as the PHA may require to
[57 FR 20189, May 11, 1992, as verify that the owner or owners identified as
amended at 61 FR 5215, Feb. 9, 1996] public housing residents reside within public
housing of the PHA.
Subpart B_Contracting With (c) Responsibility to complete contract.
The business shall submit evidence
Resident-Owned Businesses sufficient to demonstrate to the satisfaction
of the PHA that the business has the ability
Sec. 963.10 Eligible resident- to perform successfully under the terms and
owned businesses. conditions of the proposed contract.
To be eligible for the alternative Consideration will be given to various
procurement process provided by this part, a factors, including but not limited to those
business must meet the following identified in 24 CFR 85.36(b)(8) and also to
requirements, and must submit evidence to such matters as proof of completion of
the PHA, in the form described below, or as courses in business administration or
the PHA may require, that shows how each financial management, and proof of job
requirement has been met. training or apprenticeship in the particular
(a) Legally formed business. The trade, business, profession, or occupation.
business shall submit certified copies of any (d) Limitation on alternative
State, county, or municipal licenses that may procurement contract awards. The business
be required of the business to engage in the shall submit a certification as to the number
type of business activity for which it was of contracts awarded, and the dollar amount
formed. Where applicable (as for example, of each contract award received, under the
in the case of corporations), the business alternative procurement process provided by
also shall submit a certified copy of its this part. A resident-
corporate charter or other organizational owned business is not eligible to
document that verifies that the business was participate in the alternative procurement
properly formed in accordance with State process provided by this part if the resident-
law. owned business has received under this
(b) Resident-owned business. The process one or more contracts with a total
business shall submit a certification that it is combined dollar value of $1,000,000.
a resident-owned business as defined by this [57 FR 20189, May 11, 1992, as
part. The business shall disclose to the PHA amended at 59 FR 33895, June 30, 1994]
all owners of the business, and each owner's
percentage of ownership interest in the Sec. 963.12 Alternative
business. The business also shall disclose all procurement process.
individuals who possess the power to make
(a) Method of procurement. In
the day-to-day, as well as major, decisions
contracting with resident-owned businesses,
on matters of management, policy, and
the PHA shall follow the applicable method
operations (management officials). The
of procurement as set forth in 24 CFR
business shall identify all owners and
85.36(d), with solicitation limited to
management officials who are not public
resident-
housing residents, and shall disclose any
owned businesses. Additionally, the
relationship that these owners and officials
PHA shall ensure that the method of
may have to a business (resident- or non-

procurement conforms to the procurement
standards set forth in 24 CFR 85.36(b).
{[[Page 455]]} 24 CFR 964 (Section 320
(b) Contract awards. Contracts awarded
under this part shall be made only to only) Tenant Participation
resident-owned businesses that meet the And Tenant Opportunities
requirements of SEC. 963.10, and that
comply with such other requirements as may [Code of Federal Regulations]
be required of a contractor under the [Title 24, Volume 4]
particular procurement and the Department's [Revised as of April 1, 2004]
regulations. An award shall not be made to From the U.S. Government Printing
the resident-owned business if the contract Office via GPO Access
award exceeds the independent cost estimate [Page 455-472]
required by 24 CFR 85.36(f), and the price TITLE 24--HOUSING AND URBAN
normally paid for comparable supplies, DEVELOPMENT
services, or construction in the project area. CHAPTER IX--OFFICE OF
(c) Contract requirements. Any contract ASSISTANT SECRETARY FOR PUBLIC
entered into between a PHA and a resident- AND INDIAN HOUSING, DEPARTMENT
owned business under this part shall comply OF HOUSING AND URBAN
with: the contract provisions of 24 CFR DEVELOPMENT
85.36(i); the provisions of 24 CFR 85.36(h), PART 964_TENANT
24 CFR 968.240(d) or 24 CFR PARTICIPATION AND TENANT
968.335(c)(1) governing bonding OPPORTUNITIES IN PUBLIC HOUSING
requirements, where applicable; and such
other contract terms that may be applicable
to the particular procurement under the Sec. 964.320 HUD Policy on
Department's regulations. In addition to the training, employment,
recordkeeping requirements imposed by 24 contracting and
CFR 85.36(i), the PHA also shall maintain
records sufficient to detail the significant subcontracting of public
history of the procurement made under this housing residents.
part. These records will include, but are not In accordance with Section 3 of the
necessarily limited to the following: The Housing and Urban Development Act of
independent cost estimate and comparable 1968 and the implementing regulations at 24
price analysis as required by paragraph (b) CFR part 135, HAs, their contractors and
of this section; the basis for contractor subcontractors shall make best efforts,
selection, including documentation consistent with existing Federal, State, and
concerning the eligibility of the selected local laws and regulations, to give low and
resident-owned business under SEC. 963.10; very low-income persons the training and
and the basis for determining the employment opportunities generated by
reasonableness of the proposed contract Section 3 covered assistance (as this term is
price. defined in 24 CFR 135.7) and to give
Section 3 business concerns the contracting
opportunities generated by Section 3
covered assistance. Training, employment
and contracting opportunities connected
with programs funded under the FIC and
TOP are covered by Section 3. {[[Page
470]]}
24 CFR 965 PHA-Owned Or Leased Projects
965.401 Individually metered utilities.
965.402 Benefit/cost analysis.
24 CFR 965 PHA-Owned 965.403 Funding.
965.404 Order of conversion.
Or Leased Projects 965.405 Actions affecting residents.
[Code of Federal Regulations] 965.406 Benefit/cost analysis for
[Title 24, Volume 4] similar projects.
[Revised as of April 1, 2004] 965.407 Reevaluations of mastermeter
From the U.S. Government Printing systems.
[Page 472-484] Subpart E_Resident Allowances for
TITLE 24--HOUSING AND URBAN Utilities
DEVELOPMENT 965.501 Applicability.
CHAPTER IX--OFFICE OF 965.502 Establishment of utility
ASSISTANT SECRETARY FOR PUBLIC allowances by PHAs.
AND INDIAN HOUSING, DEPARTMENT 965.503 Categories for establishment of
OF HOUSING AND URBAN allowances.
DEVELOPMENT 965.504 Period for which allowances
PART 965_PHA-OWNED OR are established.
LEASED PROJECTS_GENERAL 965.505 Standards for allowances for
PROVISIONS utilities.
965.506 Surcharges for excess
Subpart A_Preemption of State consumption of PHA-furnished utilities.
Prevailing Wage Requirements 965.507 Review and revision of
965.101 Preemption of State prevailing allowances.
wage requirements. 965.508 Individual relief.
Subpart B_Required Insurance Subpart F_Physical Condition

Coverage Standards and Physical Inspection
965.201 Purpose and applicability. Requirements
965.205 Qualified PHA-owned 965.601 Physical condition standards;
insurance entity. physical inspection requirements.
965.215 Lead-based paint liability
insurance coverage. Subpart G [Reserved]
Subpart C_Energy Audits and Energy Subpart H_Lead-Based Paint Poisoning

Conservation Measures Prevention
965.301 Purpose and applicability. 965.701 Lead-based paint poisoning
965.302 Requirements for energy prevention.
audits.
965.303 [Reserved]. Subpart I_Fire Safety
965.304 Order of funding. 965.800 Applicability.
965.305 Funding. 965.805 Smoke detectors.
965.306 Energy conservation
equipment and practices. Authority: 42 U.S.C. 1437, 1437a,
965.307 Compliance schedule. {[[Page 1437d, 1437g, and 3535(d). Subpart H is
473]]} also issued under 42 U.S.C. 4821-4846.
965.308 Energy performance contracts. Source: 41 FR 20276, May 17, 1976,
unless otherwise noted. Redesignated at 49
Subpart D_Individual Metering of FR 6714, Feb. 23, 1984.
Utilities for Existing PHA-Owned Projects

Subpart A_Preemption of determined by the Secretary of Labor or an

apprentice or trainee wage rate based
State Prevailing Wage thereon is applicable, the total wage rate
Requirements determined under State law, including fringe
benefits (if any) and basic hourly rate, shall
Sec. 965.101 Preemption of be compared to the total wage rate
State prevailing wage determined by the Secretary of Labor or
requirements. apprentice or trainee wage rate; and (B)
where a rate determined by the Secretary of
(a) A prevailing wage rate including
HUD is applicable, any fringe benefits
basic hourly rate and any fringe benefits)
determined under State law shall be
determined under State law shall be
excluded from the comparison with the rate
inapplicable to a contract or PHA-performed
determined by the Secretary of HUD.
work item for the development,
(b) Whenever paragraph (a)(1) of this
maintenance, and modernization of a project
section is applicable: {[[Page 474]]}
whenever:
(1) Any solicitation of bids or proposals
(1) The contract or work item: (i) Is
issued by the PHA and any contract
otherwise subject to State law requiring the
executed by the PHA for development,
payment of wage rates determined by a State
maintenance, and modernization of the
or local government or agency to be
project shall include a statement that any
prevailing and (ii) is assisted with funds for
prevailing wage rate (including basic hourly
low-income public housing under the U.S.
rate and any fringe benefits) determined
Housing Act of 1937, as amended; and
under State law to be prevailing with respect
(2) The wage rate determined under
to an employee in any trade or position
State law to be prevailing with respect to an
employed under the contract is inapplicable
employee in any trade or position employed
to the contract and shall not be enforced
in the development, maintenance, and
against the contractor or any subcontractor
modernization of a project exceeds
with respect to employees engaged under the
whichever of the following Federal wage
contract whenever either of the following
rates is applicable:
occurs:
(i) The wage rate determined by the
(i) Such nonfederal prevailing wage
Secretary of Labor pursuant to the Davis-
rate exceeds: (A) The applicable wage rate
Bacon Act (40 U.S.C. 276a et seq.) to be
determined by the Secretary of Labor
prevailing in the locality with respect to
pursuant to the Davis-
such trade;
Bacon Act (40 U.S.C. 276a et seq.) to
(ii) An applicable apprentice wage rate
be prevailing in the locality with respect to
based thereon specified in an apprenticeship
such trade; (B) an applicable apprentice
program registered with the Department of
wage rate based thereon specified in an
Labor or a DOL-recognized State
apprenticeship program registered with the
Apprenticeship Agency;
Department of Labor or a DOL-recognized
(iii) An applicable trainee wage rate
State Apprenticeship Agency or (C) an
based thereon specified in a DOL-certified
applicable trainee wage rate based thereon
trainee program; or
specified in a DOL-
(iv) The wage rate determined by the
certified trainee program; or
Secretary of HUD to be prevailing in the
(ii) Such nonfederal prevailing wage
locality with respect to such trade or
rate, exclusive of any fringe benefits,
position.
exceeds the applicable wage rate determined
(v) For the purpose of ascertaining
by the Secretary of HUD to be prevailing in
whether a wage rate determined under State
the locality with respect to such trade or
law for a trade or position exceeds the
position.
Federal wage rate: (A) Where a rate
Failure to include this statement may Sec. 965.201 Purpose and
constitute grounds for requiring applicability.
resolicitation of the bid or proposal;
(2) The PHA itself shall not be required (a) Purpose. The purpose of this subpart
to pay the basic hourly rate or any fringe is to implement policies concerning
benefits comprising a prevailing wage rate insurance coverage required under the
determined under State law and described in Annual Contributions Contract (ACC)
paragraph (a)(2) of this section to any of its between the U.S. Department of Housing
own employees who may be engaged in the and Urban Development (HUD) and a
work item for development, maintenance, Public Housing Agency (PHA).
and modernization of the project; and (b) Applicability. The provisions of this
(3) Neither the basic hourly rate nor subpart apply to all housing owned by
any fringe benefits comprising a prevailing PHAs, including Turnkey III housing.
wage rate determined under State law and However, these provisions do not apply to
described in paragraph (a)(2) shall be Section 23 and Section 10(c) PHA-leased
enforced against the PHA or any of its projects or to Section 8 Housing Assistance
contractors or subcontractors with respect to Payments Program projects.
employees engaged in the contract or PHA-
performed work item for development, Sec. 965.205 Qualified PHA-
maintenance, and modernization of the owned insurance entity.
project. (a) Contractual requirements for
(c) Nothing in this section shall affect insurance coverage. The Annual
the applicability of any wage rate Contributions Contract (ACC) between
established in a collective bargaining PHAs and the U.S. Department of Housing
agreement with a PHA or its contractors or and Urban Development requires that
subcontractors where such wage rate equals {[[Page 475]]}
or exceeds the applicable Federal wage rate PHAs maintain specified insurance
referred to in paragraph (a)(2) of this coverage for property and casualty losses
section, nor does this section impose a that would jeopardize the financial stability
ceiling on wage rates a PHA or its of the PHAs. The insurance coverage is
contractors or subcontractors may choose to required to be obtained under procedures
pay independent of State law. that provide ``for open and competitive
(d) The provisions of this section shall bidding.'' The HUD Appropriations Act for
be applicable to work performed under any Fiscal Year 1992 provided that a PHA could
prime contract entered into as a result of a purchase insurance coverage without regard
solicitation of bids or proposals issued on or to competitive selection procedures when it
after October 6, 1988 and to any work purchases it from a nonprofit insurance
performed by employees of a PHA on or entity owned and controlled by PHAs
after October 6, 1988, but not to work or approved by HUD in accordance with
contracts administered by Indian Housing standards established by regulation. This
Authorities (for which, see part 905 of this section specifies the standards.
chapter). (b) Method of selecting insurance
[53 FR 30217, Aug. 10, 1988, as coverage. While 24 CFR part 85 requires
amended at 57 FR 28358, June 24, 1992; 61 that grantees solicit full and open
FR 8736, Mar. 5, 1996] competition for their procurements, the
HUD Appropriations Act for Fiscal Year
Subpart B_Required 1992 provides an exception to this
Insurance Coverage requirement. PHAs are authorized to obtain
any line of insurance from a nonprofit
Source: 58 FR 51957, Oct. 5, 1993, insurance entity that is owned and controlled
unless otherwise noted. by PHAs and approved by HUD in

accordance with this section, without regard (A) At the management level of Vice
to competitive selection procedures. President of a property/casualty insurance
Procurement of insurance from other entities entity;
is subject to competitive selection (B) As a senior branch manager of a
procedures. branch office with annual property/casualty
(c) Approval of a nonprofit insurance premiums exceeding $5 million; or
entity. Under the following conditions, HUD (C) As a senior manager of a public
will approve a nonprofit self-funded entity risk pool. Documentation for this
insurance entity created by PHAs that limits standard must include copies of resumes of
participation to PHAs (and to nonprofit key management personnel responsible for
entities associated with PHAs that engage in oversight and for the day-to-day operation of
activities or perform functions only for the entity;
housing authorities or housing authority (iii) The entity maintains internal
residents): controls and cost containment measures, as
(1) An insurance company (including a evidenced by an annual budget;
risk retention group). (i) The insurance (iv) The entity maintains sound
company is licensed or authorized to do investments consistent with the State
business in the State by the State Insurance insurance commissioner's requirements for
Commissioner and has submitted licensed insurance companies, or other State
documentation of this approval to HUD; and statutory requirements controlling
(ii) The insurance company has not investments of public entities, in the State in
been suspended from providing insurance which the entity is organized, investing only
coverage in the State or been suspended or in assets that qualify as `àdmitted assets'';
debarred from doing business with the (v) The entity maintains adequate
federal government. The insurance company surplus and reserves for undischarged
is obligated to send to HUD a copy of any liabilities of all types, as evidenced by a
action taken by the authorizing official to current audited financial statement and an
withdraw the license or authorization. actuarial review conducted in accordance
(2) An entity not organized as an with paragraph (d) of this section; and
insurance company. (i) The entity has {[[Page 476]]}
competent underwriting staff (hired directly (vi) Upon application for initial
or engaged by contract with a third party), as approval, the entity has proper
evidenced by professionals with an average organizational documentation, as evidenced
of at least five years of experience in large by copies of the articles of incorporation,
risk (exceeding $100,000 in annual by-laws, business plans, copies of contracts
premiums) commercial underwriting or at with third party administrators, and an
least five years of experience in the opinion from legal counsel that
underwriting of risks for public entity risk establishment of the entity conforms with all
pools. This standard may be satisfied by legal requirements under Federal and State
submission of evidence of competent law. Any material changes made to these
underwriting staff, including copies of documents after initial approval must be
resumes of underwriting staff for the entity; submitted for review and approval before
(ii) The entity has efficient and becoming effective.
qualified management (hired directly or (d) Professional evaluations of
engaged by contract with a third party), as performance. Audits and actuarial reviews
evidenced by the report submitted to HUD are required to be prepared and submitted
in accordance with paragraph (d)(3) of this annually to the HUD Office of Public and
section and by having at least one senior Indian Housing, for review and appropriate
staff person who has a minimum of five action, by nonprofit insurance entities that
years of experience: are not insurance companies approved under
paragraph (c)(1) of this section. In addition,
an evaluation of other management factors is (e) Revocation of approval of a
required to be performed by an insurance nonprofit insurance entity. HUD may revoke
professional every three years. For fiscal its approval of a nonprofit insurance entity
years ending on or after December 31, 1993, under this section when it no longer meets
the initial audit, actuarial review, and the requirements of this section. The
insurance management review required for a nonprofit insurance entity will be notified in
nonprofit insurance entity must be submitted writing of: the proposed revocation of its
to HUD within 90 days after the entity's approval, the reasons for the action, and the
fiscal year. manner and time in which to request a
(1) The annual financial statement hearing to challenge the determination. The
prepared in accordance with generally procedure to be followed is specified in 24
accepted accounting principles (including CFR part 26, subpart A.
any supplementary data required under [41 FR 20276, May 17, 1976, as
GASB 10) is to be audited by an amended at 61 FR 7969, Feb. 29, 1996; 61
independent auditor (see 24 CFR part 44), in FR 50219, Sept. 24, 1996]
accordance with generally accepted auditing
standards. The independent auditor shall Sec. 965.215 Lead-based paint
express an opinion on whether the entity's liability insurance coverage.
financial statement is presented fairly in
(a) General. The purpose of this section
accordance with generally accepted
is to specify what HUD deems reasonable
accounting principles. A copy of this audit
insurance coverage with respect to the
must be submitted to HUD.
hazards associated with lead-based paint
(2) The actuarial review must be done
activities that the PHA undertakes, in
consistent with requirements established by
accordance with the PHA's ACC with HUD.
the National Association of Insurance
The insurance coverage does not relieve the
Commissioners and must be conducted by
PHA of its responsibility for assuring that
an independent property/casualty actuary
lead-based paint activities are conducted in a
who is an Associate or Fellow of a
responsible manner.
recognized professional actuarial
(b) Insurance coverage requirements.
organization, such as the Casualty Actuary
When the PHA undertakes lead-
Society. The report issued, a copy of which
based paint activities, it must assure
must be submitted to HUD, must include an
that it has reasonable insurance coverage for
opinion on any over or under reserving and
itself for potential personal injury liability
the adequacy of the reserves maintained for
associated with those activities. If the work
the open claims and for incurred but
is being done by PHA employees, the PHA
unreported claims.
must obtain a liability insurance policy
(3) A review must be conducted, a copy
directly to protect the PHA. If the work is
of which must be submitted to HUD, by an
being done by {[[Page 477]]}
independent insurance consulting firm that
a contractor, the PHA must obtain,
has at least one person on staff who has
from the insurer of the contractor
received the professional designation of
performing this type of work in accordance
chartered property/casualty underwriter
with a contract, a certificate of insurance
(CPCU), associate in risk management
providing evidence of such insurance and
(ARM), or associate in claims (AIC), of the
naming the PHA as an additional insured; or
following:
obtain such insurance directly. Insurance
(i) Efficiency of any Third Party
must remain in effect during the entire
Administrator;
period of lead-based paint activity and must
(ii) Timeliness of the claim payments
comply with the following requirements:
and reserving practices; and
(1) Named insured. If purchased by the
(iii) The adequacy of reinsurance
PHA, the policy shall name the PHA as
coverage.

insured. If purchased by an independent this section until the expiration of the policy.
contractor, the policy shall name the This section is not applicable to architects,
contractor as insured and the PHA as an engineers or consultants who do not
additional insured, in connection with physically perform lead-based paint
performing work under the PHA's contract activities.
pertaining to lead-based paint activities. If (d) Insurance for the existence of lead-
the PHA has executed a contract with a based paint hazards. A PHA may also
Resident Management Corporation (RMC) purchase special liability insurance against
to manage a building/project on behalf of the existence of lead-based paint hazards,
the PHA, the RMC shall be an additional although it is not a required coverage. A
insured under the policy in connection with PHA may purchase this coverage if, in the
the PHA's contract related to lead-based opinion of the PHA, the policy meets the
paint activities. (The duties of the RMC are PHA's requirements, the premium is
similar to those of a real estate management reasonable and the policy is obtained in
firm.) accordance with applicable procurement
(2) Coverage limits. The minimum standards. (See part 85 of this title and SEC.
limit of liability shall be $500,000 per 965.205 of this title.) If this coverage is
occurrence written, with a combined single purchased, the premium must be paid from
limit for bodily injury and property damage. funds available under the Performance
(3) Deductible. A deductible, if any, Funding System or from reserves.
may not exceed $5,000 per occurrence. [59 FR 31930, June 21, 1994, as
(4) Supplementary payments. Payments amended at 64 FR 50228, Sept. 15, 1999]
for such supplementary costs as the costs of
defending against a claim must be in Subpart C_Energy Audits
addition to, and not as a reduction of, the
limit of liability. However, it will be
and Energy Conservation
permissible for the policy to have a limit on Measures
the amount payable for defense costs. If a Source: 61 FR 7969, Feb. 29, 1996,
limit is applicable, it must not be less than unless otherwise noted.
$250,000 per claim prior to such costs being
deducted from the limit of liability. Sec. 965.301 Purpose and
(5) Occurrence form policy. The form applicability.
used must be an `òccurrence'' form, or a
(a) Purpose. The purpose of this subpart
``claims made'' form that contains an
C is to implement HUD policies in support
extended reporting period of at least five
of national energy conservation goals by
years. (Under an occurrence form, coverage
requiring PHAs to conduct energy audits
applies to any loss regardless of when the
and undertake certain cost-effective energy
claim is made.)
conservation measures.
(6) Aggregate limit. If the policy
(b) Applicability. The provisions of this
contains an aggregate limit, the minimum
subpart apply to all PHAs with PHA-owned
acceptable limit is $1,000,000.
housing, but they do not apply to Indian
(7) Cancellation. In the event of
Housing Authorities. (For similar provisions
cancellation, at least 30 days' advance notice
applicable to Indian housing, see part 950 of
is to be given to the insured and any
this {[[Page 478]]}
additional insured.
chapter.) No PHA-leased project or
(c) Exception to requirements.
Section 8 Housing Assistance Payments
Insurance already purchased by the PHA or
Program project, including a PHA-owned
contractor and enforced on the day this
Section 8 project, is covered by this subpart.
section is effective which provides coverage
for lead-based paint activities shall be
considered as meeting the requirements of
Sec. 965.302 Requirements for that HUD may designate to be used for
energy audits. energy conservation.
(b) If a PHA finances energy
All PHAs shall complete an energy conservation measures from sources other
audit for each PHA-owned project under than modernization or operating reserves,
management, not less than once every five such as a loan from a utility entity or a
years. Standards for energy audits shall be guaranteed savings agreement with a private
equivalent to State standards for energy energy service company, HUD may agree to
audits. Energy audits shall analyze all of the provide adjustments in its calculation of the
energy conservation measures, and the PHA's operating subsidy eligibility under
payback period for these measures, that are the PFS for the project and utility involved
pertinent to the type of buildings and based on a determination that payments can
equipment operated by the PHA. be funded from the reasonably anticipated
energy cost savings (See SEC. 990.107(g) of
Sec. 965.303 [Reserved] this chapter).
Sec. 965.304 Order of funding. Sec. 965.306 Energy

Within the funds available to a PHA, conservation equipment and
energy conservation measures should be practices.
accomplished with the shortest pay-back
periods funded first. A PHA may make In purchasing original or, when needed,
adjustments to this funding order because of replacement equipment, PHAs shall acquire
insufficient funds to accomplish high-cost only equipment that meets or exceeds the
energy conservation measures (ECM) or minimum efficiency requirements
where an ECM with a longer pay-back established by the U.S. Department of
period can be more efficiently installed in Energy. In the operation of their facilities,
conjunction with other planned PHAs shall follow operating practices
modernization. A PHA may not install directed to maximum energy conservation.
individual utility meters that measure the
energy or fuel used for space heating in Sec. 965.307 Compliance
dwelling units that need substantial schedule.
weatherization, when installation of meters All energy conservation measures
would result in economic hardship for determined by energy audits to be cost
residents. In these cases, the ECMs related effective shall be accomplished as funds are
to weatherization shall be accomplished available.
before the installation of individual utility
meters. Sec. 965.308 Energy
performance contracts.
Sec. 965.305 Funding.
(a) Method of procurement. Energy
(a) The cost of accomplishing cost- performance contracting shall be conducted
effective energy conservation measures, using one of the following methods of
including the cost of performing energy procurement:
audits, shall be funded from operating funds (1) Competitive proposals (see 24 CFR
of the PHA to the extent feasible. When 85.36(d)(3)). In identifying the evaluation
sufficient operating funds are not available factors and their relative importance, as
for this purpose, such costs are eligible for required by SEC. 85.36(d)(3)(i) of this title,
inclusion in a modernization program, for the solicitation shall state that technical
funding from any available development factors are significantly more important than
funds in the case of projects still in price (of the energy audit); or
development, or for other available funds

(2) If the services are available only will be cost effective, except as otherwise
from a single source, noncompetitive provided in SEC. 965.405.
proposals (see 24 CFR 85.36(d)(4)(i)(A)). (b) Proposed installation of
(b) HUD Review. Solicitations for checkmeters shall be justified on the basis
energy performance contracting shall be that the cost of debt service (interest and
submitted to the HUD Field Office for amortization) of the estimated installation
review and approval prior to issuance. costs plus the operating costs of the
Energy performance contracts shall be checkmeters will be more than offset by
submitted to the HUD Field Office for reduction in future utilities expenditures to
review and approval before award. {[[Page the PHA under the mastermeter system.
479]]} (c) Proposed conversion to retail
service shall be justified on the basis of net
Subpart D_Individual savings to the PHA. This determination
involves making a comparison between the
Metering of Utilities for reduction in utility expense obtained through
Existing PHA-Owned eliminating the expense to the PHA for
Projects PHA-supplied utilities and the resultant
Source: 61 FR 7970, Feb. 29, 1996, allowance for resident-supplied utilities,
unless otherwise noted. based on the cost of utility service to the
residents after conversion.
Sec. 965.401 Individually
metered utilities. Sec. 965.403 Funding.
The cost to change mastermeter
(a) All utility service shall be
systems to individual metering of resident
individually metered to residents, either
consumption, including the costs of
through provision of retail service to the
benefit/cost analysis and complete
residents by the utility supplier or through
installation of checkmeters, shall be funded
the use of checkmeters, unless:
from operating funds of the PHA to the
(1) Individual metering is impractical,
extent feasible. When sufficient operating
such as in the case of a central heating
funds are not available for this purpose, such
system in an apartment building;
costs are eligible for inclusion in a
(2) Change from a mastermetering
modernization project or for funding from
system to individual meters would not be
any available development funds.
financially justified based upon a
benefit/cost analysis; or
(3) Checkmetering is not permissible Sec. 965.404 Order of
under State or local law, or under the conversion.
policies of the particular utility supplier or Conversions to individually metered
public service commission. utility service shall be accomplished in the
(b) If checkmetering is not permissible, following order when a PHA has projects of
retail service shall be considered. Where two or more of the designated categories,
checkmetering is permissible, the type of unless the PHA has a justifiable reason to do
individual metering offering the most otherwise, which shall be documented in its
savings to the PHA shall be selected. files.
(a) In projects for which retail service is
Sec. 965.402 Benefit/cost provided by the utility supplier and the PHA
analysis. is paying all the individual utility bills, no
benefit/cost analysis is necessary, and
(a) A benefit/cost analysis shall be
residents shall be billed directly after the
made to determine whether a change from a
PHA adopts revised payment schedules
mastermetering system to individual meters
providing appropriate allowances for will be advantageous to residents who
resident-supplied utilities. conserve energy.
(b) In projects for which checkmeters (d) A transition period of at least six
have been installed but are not being utilized months shall be provided in the case of
as the basis for determining utility charges initiation of checkmeters, during which
to the residents, no benefit/cost analysis is residents will be advised of the charges but
necessary. The checkmeters shall be used as during which no surcharge will be made
the basis for utility charges, and residents based on the readings. This trial period will
shall be surcharged for excess utility use. afford residents ample notice of the effects
(c) Projects for which meter loops have the checkmetering system will have on their
been installed for utilization of checkmeters individual utility charges and also afford a
shall be analyzed both for the installation of test period for the adequacy of the utility
checkmeters and for conversion to retail allowances established.
service. (e) During and after the transition
(d) Low- or medium-rise family units period, PHAs shall advise and assist
with a mastermeter system should be residents with high utility consumption on
analyzed for both checkmetering and methods for reducing their usage. This
conversion to retail service, because of their advice and assistance may include
large potential for energy savings. counseling, installation of new energy
(e) Low- or medium-rise housing for conserving equipment or appliances, and
the elderly should next be analyzed for both corrective maintenance.
checkmetering and conversion to retail
service, since the potential for energy saving Sec. 965.406 Benefit/cost
is less than for family units. {[[Page 480]]} analysis for similar projects.
(f) Electric service under mastermeters
PHAs with more than one project of
for high-rise buildings, including projects
similar design and utilities service may
for the elderly, should be analyzed for both
prepare a benefit/cost analysis for a
use of retail service and of checkmeters.
representative project. A finding that a
change in metering is not cost effective for
Sec. 965.405 Actions affecting the representative project is sufficient reason
residents. for the PHA not to perform a benefit/cost
(a) Before making any conversion to analysis on the remaining similar projects.
retail service, the PHA shall adopt revised
payment schedules, providing appropriate Sec. 965.407 Reevaluations of
allowances for the resident-supplied utilities mastermeter systems.
resulting from the conversion.
Because of changes in the cost of utility
(b) Before implementing any
services and the periodic changes in utility
modifications to utility services
regulations, PHAs with mastermeter systems
arrangements with the residents or charges
are required to reevaluate mastermeter
with respect thereto, the PHA shall make the
systems without checkmeters by making
requisite changes in resident dwelling leases
benefit/cost analyses at least every 5 years.
in accordance with 24 CFR part 966.
These analyses may be omitted under the
(c) PHAs must work closely with
conditions specified in SEC. 965.406.
resident organizations, to the extent
practicable, in making plans for conversion
of utility service to individual metering, Subpart E_Resident
explaining the national policy objectives of Allowances for Utilities
energy conservation, the changes in charges Source: 61 FR 7971, Feb. 29, 1996,
and rent structure that will result, and the unless otherwise noted.
goals of achieving an equitable structure that

Sec. 965.501 Applicability. equipment and function whose utility
(a) This subpart E applies to public consumption requirements were included in
housing, including the Turnkey III determining the amounts of the allowances
Homeownership Opportunities program. or scheduled surcharges; shall notify
This subpart E also applies to units assisted residents of the place where the PHA's
under sections 10(c) and 23 of the U. S. record maintained in accordance with
Housing Act of 1937 (42 U.S.C. 1437 et paragraph (b) of this section is available for
seq.) as in effect before amendment by the inspection; and shall provide all residents an
Housing and Community Development Act opportunity to submit written comments
of 1974 (12 U.S.C. 1706e) and to which 24 during a period expiring not less than 30
CFR part 900 is not applicable. This subpart days before the proposed effective date of
E does not apply to Indian housing projects the allowances or scheduled surcharges or
(see 24 CFR part 950). revisions. Such written comments shall be
(b) In rental units for which utilities are retained by the PHA and shall be available
furnished by the PHA but there are no for inspection by residents.
checkmeters to measure the actual utilities (d) Schedules of allowances and
consumption of the individual units, scheduled surcharges shall not be subject to
residents shall be subject to charges for approval by HUD before becoming
consumption by resident-owned major effective, but will be reviewed in the course
appliances, or for optional functions of of audits or reviews of PHA operations.
PHA-furnished equipment, in accordance (e) The PHA's determinations of
with SEC. 965.502(e) and 965.506(b), but allowances, scheduled surcharges, and
no utility allowance will be established. revisions thereof shall be final and valid
unless found to be arbitrary, capricious, an
abuse of discretion, or otherwise not in
Sec. 965.502 Establishment of accordance with the law.
utility allowances by PHAs.
(a) PHAs shall establish allowances for Sec. 965.503 Categories for
PHA-furnished utilities for all checkmetered establishment of allowances.
utilities and allowances for resident-
purchased utilities for all utilities purchased Separate allowances shall be
directly by residents from the utilities established for each utility and for each
suppliers. {[[Page 481]]} category of dwelling units determined by the
(b) The PHA shall maintain a record PHA to be reasonably comparable as to
that documents the basis on which factors affecting utility usage.
allowances and scheduled surcharges, and
revisions thereof, are established and Sec. 965.504 Period for which
revised. Such record shall be available for allowances are established.
inspection by residents. (a) PHA-furnished utilities. Allowances
(c) The PHA shall give notice to all will normally be established on a quarterly
residents of proposed allowances, scheduled basis; however, residents may be surcharged
surcharges, and revisions thereof. Such on a monthly basis. The allowances
notice shall be given, in the manner established may provide for seasonal
provided in the lease or homebuyer variations.
agreement, not less than 60 days before the (b) Resident-purchased utilities.
proposed effective date of the allowances or Monthly allowances shall be established.
scheduled surcharges or revisions; shall The allowances established may provide for
describe with reasonable particularity the seasonal variations.
basis for determination of the allowances,
scheduled surcharges, or revisions, including
a statement of the specific items of
Sec. 965.505 Standards for (5) The energy efficiency of PHA-
allowances for utilities. supplied appliances and equipment;
(6) The utility consumption
(a) The objective of a PHA in designing requirements of appliances and equipment
methods of establishing utility allowances whose reasonable consumption is intended
for each dwelling unit category and unit size to be covered by the total resident payment;
shall be to approximate a reasonable (7) The physical condition, including
consumption of utilities by an energy- insulation and weatherization, of the housing
conservative household of modest project;
circumstances consistent with the (8) Temperature levels intended to be
requirements of a safe, sanitary, and maintained in the unit during the day and at
healthful living environment. night, and in cold and warm weather; and
(b) Allowances for both PHA-furnished (9) Temperature of domestic hot water.
and resident-purchased utilities shall be (e) If a PHA installs air conditioning, it
designed to include such reasonable shall provide, to the maximum extent
consumption for major equipment or for economically feasible, systems that give
utility functions furnished by the PHA for residents the option of choosing to use air
all residents (e.g., heating furnace, hot water conditioning in their units. The design of
heater), for essential equipment whether or systems that offer each resident the option to
not furnished by the PHA (e.g., range and choose air conditioning shall include retail
refrigerator), and for minor items of meters or checkmeters, and residents shall
equipment (such as toasters and radios) pay for the energy used in its operation. For
furnished by residents. systems that offer residents the option to
(c) The complexity and elaborateness choose air conditioning, the PHA shall not
of the methods chosen by the PHA, in its include air conditioning in the utility
discretion, to achieve the foregoing allowances. For systems that offer residents
objective will depend upon the nature of the the option to choose air conditioning but
housing stock, data available to the PHA and cannot be checkmetered, residents are to be
the extent of the administrative resources surcharged in accordance with SEC.
reasonably available to the PHA to be 965.506. If an air conditioning system does
devoted to the collection of such data, the not provide for resident option, residents are
formulation of methods of calculation, and not to be charged, and these systems should
actual calculation and monitoring of the be avoided whenever possible.
allowances.
(d) In establishing allowances, the PHA
shall take into account relevant factors
Sec. 965.506 Surcharges for
affecting consumption requirements, excess consumption of PHA-
including: furnished utilities.
(1) The equipment and functions (a) For dwelling units subject to
intended to be covered by the allowance for allowances for PHA-furnished utilities
which the utility will be used. For instance, where checkmeters have been installed, the
natural gas may be used for cooking, heating PHA shall establish surcharges for utility
domestic water, or {[[Page 482]]} consumption in excess of the allowances.
space heating, or any combination of Surcharges may be computed on a straight
the three; per unit of purchase basis (e.g., cents per
(2) The climatic location of the housing kilowatt hour of electricity) or for stated
projects; blocks of excess consumption, and shall be
(3) The size of the dwelling units and based on the PHA's average utility rate. The
the number of occupants per dwelling unit; basis for calculating such surcharges shall be
(4) Type of construction and design of described in the PHA's schedule of
the housing project; allowances. Changes in the dollar amounts

of surcharges based directly on changes in based. Adjustments to resident
the PHA's average utility rate shall not be payments as a result of such changes shall
subject to the advance notice requirements be retroactive to the first day of the month
of this section. following the month in which the last rate
(b) For dwelling units served by PHA- change taken into account in such revision
furnished utilities where checkmeters have became effective. Such rate changes shall
not been installed, the PHA shall establish not be subject to the 60 day notice
schedules of surcharges indicating additional requirement of SEC. 965.502(c).
dollar amounts residents will be required to
pay by reason of estimated utility Sec. 965.508 Individual relief.
consumption attributable to resident-owned Requests for relief from surcharges for
major appliances or to optional functions of excess consumption of PHA-
PHA- purchased utilities, or from payment of
furnished equipment. Such surcharge utility supplier billings in excess of the
schedules shall state the resident- allowances for resident-purchased utilities,
owned equipment (or functions of may be granted by the PHA on reasonable
PHA-furnished equipment) for which grounds, such as special needs of elderly, ill
surcharges shall be made and the amounts of or disabled residents, or special factors
such charges, which shall be based on the affecting utility usage not within the control
cost to the PHA of the utility consumption of the resident, as the PHA shall deem
estimated to be attributable to reasonable appropriate. The PHA's criteria for granting
usage of such equipment. such relief, and procedures for requesting
such relief, shall be adopted at the time the
Sec. 965.507 Review and PHA adopts the methods and procedures for
revision of allowances. determining utility allowances. Notice of the
(a) Annual review. The PHA shall availability of such procedures (including
review at least annually the basis on which identification of the PHA representative
utility allowances have been established and, with whom initial contact may be made by
if reasonably required in order to continue residents), and the PHA's criteria for
adherence to the standards stated in SEC. granting such relief, shall be included in
965.505, shall establish revised allowances. each notice to residents given in accordance
The review shall include all changes in with SEC. 965.502(c) and in the information
circumstances (including completion of given to new residents upon admission.
modernization and/
or other energy conservation measures Subpart F_Physical
implemented by the PHA) indicating Condition Standards and
probability of a significant change in
reasonable consumption requirements and
Physical Inspection
changes in utility rates. Requirements
(b) Revision as a result of rate changes.
The PHA may revise its allowances for Sec. 965.601 Physical condition
resident-purchased utilities between annual standards; physical inspection
reviews if there is a rate change (including requirements.
fuel adjustments) and shall be required to do
so if such change, by itself or together with Housing owned or leased by a PHA,
prior rate changes not adjusted for, results in and public housing owned by another entity
a change of 10 percent or more from the approved by HUD, must be maintained in
rates on which such allowances were accordance with the physical condition
{[[Page 483]]} standards in 24 CFR part 5, subpart G. For
each PHA, HUD will perform an
independent physical inspection of a
statistically valid sample of such housing to, laundry rooms, community rooms, day
based upon the physical condition standards care centers, hallways, stairwells, and other
in 24 CFR part 5, subpart G. common areas.
[63 FR 46580, Sept. 1, 1998] (b) Acceptability criteria. (1) The
smoke detector for each individual unit must
Subpart G [Reserved] be located, to the extent practicable, in a
hallway adjacent to the bedroom or
Subpart H_Lead-Based Paint bedrooms. In units occupied by hearing-
impaired residents, hard-wired smoke
Poisoning Prevention detectors must be connected to an alarm
system designed {[[Page 484]]}
Sec. 965.701 Lead-based paint for hearing-impaired persons and
poisoning prevention. installed in the bedroom or bedrooms
The requirements of the Lead-Based occupied by the hearing-impaired residents.
Paint Poisoning Prevention Act (42 U.S.C. Individual units that are jointly occupied by
4821-4846), the Residential Lead-Based both hearing and hearing-impaired residents
Paint Hazard Reduction Act of 1992 (42 must be equipped with both audible and
U.S.C. 4851-4856), and implementing visual types of alarm devices.
regulations at part 35, subparts A, B, L, and (2) If needed, battery-operated smoke
R of this title apply to this program. detectors, except in units occupied by
[64 FR 50229, Sept. 15, 1999] hearing-impaired residents, may be installed
as a temporary measure where no detectors
are present in a unit. Temporary battery-
Subpart I_Fire Safety
operated smoke detectors must be
Source: 57 FR 33853, July 30, 1992, replaced with hard-wired electric smoke
unless otherwise noted. detectors in the normal course of a PHA's
planned CIAP or CGP program to meet the
Sec. 965.800 Applicability. required HUD Modernization Standards or
This subpart applies to all PHA-owned state or local codes, whichever standard is
or -leased housing housing, including stricter. Smoke detectors for units occupied
Mutual Help and Turnkey III. by hearing-impaired residents must be
installed in accordance with the
Sec. 965.805 Smoke detectors. acceptability criteria in paragraph (b)(1) of
this section.
(a) Performance requirement. (1) After
(c) Funding. PHAs shall use operating
October 30, 1992, each unit covered by this
funds to provide battery-
subpart must be equipped with at least one
operated smoke detectors in units that
battery-
do not have any smoke detector in place. If
operated or hard-wired smoke detector,
operating funds or reserves are insufficient
or such greater number as may be required
to accomplish this, PHAs may apply for
by state or local codes, in working
emergency CIAP funding. The PHAs may
condition, on each level of the unit. In units
apply for CIAP or CGP funds to replace
occupied by hearing-impaired residents,
battery-operated smoke detectors with hard-
smoke detectors must be hard-wired.
wired smoke detectors in the normal
(2) After October 30, 1992, the public
course of a planned modernization program.
areas of all housing covered by this subpart
must be equipped with a sufficient number,
but not less than one for each area, of
battery-operated or hard-wired smoke
detectors to serve as adequate warning of
fire. Public areas include, but are not limited

968.210 Procedures for obtaining
approval of a modernization program.
968.215 Resident and homebuyer
participation.
24 CFR 968 Public 968.225 Budget revisions.
Housing Modernization 968.230 Progress reports.
[Code of Federal Regulations] 968.235 Time extensions.
[Title 24, Volume 4] 968.240 HUD review of PHA
[Revised as of April 1, 2004] performance.
Office via GPO Access Subpart C_Comprehensive Grant
[Page 497-535] Program (for PHAs That Own or Operate
TITLE 24--HOUSING AND URBAN 250 or More Public Housing Units)
DEVELOPMENT 968.305 Definitions.
CHAPTER IX--OFFICE OF 968.310 Determination of formula
ASSISTANT SECRETARY FOR PUBLIC amount.
AND INDIAN HOUSING, DEPARTMENT 968.315 Comprehensive Plan
OF HOUSING AND URBAN (including five-year action plan).
DEVELOPMENT 968.320 HUD review and approval of
PART 968_PUBLIC HOUSING comprehensive plan (including five-
MODERNIZATION year action plan).
968.325 Annual submission of
Subpart A_General activities and expenditures.
968.101 Purpose and applicability. 968.330 PHA performance and
968.102 Special requirements for evaluation report.
Turnkey III developments. 968.335 HUD review of PHA
968.103 Allocation of funds under performance.
section 14. Subpart D_Vacancy Reduction
968.104 Reserve for emergencies and Program
disasters. Sec.
968.105 Definitions. 968.416 Fund requisitions.
968.108 Displacement, relocation, and 968.419 Grantee's oversight
real property acquisition. responsibilities.
968.110 Other program requirements. 968.422 Progress reports and
968.112 Eligible costs. completion schedule.
968.115 Modernization and energy 968.425 HUD review of grantee
conservation standards. performance.
968.120 Force account. 968.428 Program closeout.
968.125 Initiation of modernization 968.435 Other program requirements.
activities.
968.130 Fund requisitions. Authority: 42 U.S.C. 1437d, 1437l, and
968.135 Contracting requirements. 3535(d).
968.140 On-site inspections. Source: 54 FR 52689, Dec. 21, 1989,
968.145 Fiscal closeout. unless otherwise noted.
Subpart B_Comprehensive
Improvement Assistance Program (For
PHAs That Own or Operate Fewer Than 250
Units)
968.205 Definitions.
24 CFR 968 Public Housing Modernization
Subpart A_General the development has met the following

conditions:
Sec. 968.101 Purpose and (i) The development was financed by
the issuance of bonds;
applicability. (ii) Clear title to the development will
(a) Purpose. The purpose of this part is be conveyed to or vested in the PHA at the
to set forth the policies and procedures for end of the section 23 lease term;
the Modernization program authorizing (iii) There are no legal obstacles
HUD to provide financial assistance to affecting the PHA's use of the property as
Public Housing Agencies (PHAs). public housing during the 20-year period of
(b) Applicability. (1) Subpart A of this the modernization;
part applies to all modernization under (iv) After completion of the
{[[Page 498]]} modernization, the development will have a
this part. Subpart B of this part sets remaining useful life of at least 20 years and
forth the requirements and procedures for it is in the financial interest of the Federal
the Comprehensive Improvement Assistance Government to improve the development;
Program (CIAP) for PHAs that own or and
operate fewer than 250 public housing units. (v) The development is covered by a
Subpart C of this part sets forth the cooperation agreement between the PHA
requirements and procedures for the and local governing body during the 20-year
Comprehensive Grant Program (CGP) for period of the modernization.
PHAs that own or operate 250 or more units. (4) A section 23 Leased Housing Bond-
A PHA that qualifies for participation in the Financed development which has been
CGP is not eligible to participate in the conveyed to the PHA after the bonds have
CIAP. A PHA that has already qualified to been retired is similarly eligible for
participate in the CGP may elect to continue modernization if the conditions specified
to participate in the CGP so long as it owns under paragraph (b)(3) of this section have
or operates at least 200 units. been satisfied.
(2) This part applies to PHA-owned (5) A development/building/unit which
low-income public housing developments is assisted under section 5(j)(2) of the Act
(including developments managed by a (Major Reconstruction of Obsolete Projects)
resident management corporation pursuant (MROP) is eligible for section 14 funding
to a contract with the PHA); conveyed (CIAP or CGP) where it received MROP
Lanham Act and Public Works funding after FFY 1988 and has reached
Administration (PWA) developments; and to Date of Full Availability (DOFA) or where
Section 23 Leased Housing Bond-Financed it received MROP funding during FFYs
developments. Rental developments which 1986-1988 and all MROP funds have been
are planned for conversion to expended.
homeownership under sections 5(h), 21, or (c) Transition. Any amount that HUD
301 of the Act, but which have not yet been has approved for a PHA must be used for
sold by a PHA, continue to qualify for the purposes for which the funding was
assistance under this part. This part does not provided, or:
apply to developments under the Section 23 (1) For a CGP PHA, for purposes
Leased Housing Non-Bond Financed consistent with an approved Annual
program, the Section 10(c) Leased program, Statement or Five-Year Action Plan
or the Section 23 or Section 8 Housing submitted by the PHA, as the PHA
Assistance Payments programs. determines to be appropriate; or
(3) A section 23 Leased Housing Bond- (2) For a CIAP PHA, in accordance
Financed development is eligible for with a revised CIAP budget.
modernization only if HUD determines that (d) Approved information collections.
The following sections of this subpart have

been approved by the Office of Management development deficiencies. Notwithstanding
and Budget in accordance with the the above requirement, a PHA may, with
Paperwork Reduction Act of 1995 and prior HUD approval, complete non-
assigned OMB approval number 2577-0044: emergency physical improvements on any
SEC. Sec. 968.135, 968.145, 968.210, homeownership unit where the PHA
968.215, 968.225, and 968.230. The demonstrates that, due to economies of scale
following sections of this subpart have been or geographic constraints, substantial cost
similarly approved and assigned approval savings may be realized by completing all
number 2577.0157: SEC. Sec. 968.310, necessary work in a development at one
968.315, 968.325, and 968.330. time.
[57 FR 5570, Feb. 14, 1992, as [59 FR 44837, Aug. 30, 1994, as
amended at 58 FR 13930, Mar. 15, 1993; 61 amended at 61 FR 8737, Mar. 5, 1996; 62
FR 8737, Mar. 5, 1996] FR 27126, May 16, 1997; 64 FR 50229,
Sept. 15, 1999]
Sec. 968.102 Special
requirements for Turnkey III Sec. 968.103 Allocation of
developments. funds under section 14.
(a) Modernization Costs. (a) General. This section describes the
Modernization work on a Turnkey III unit process for allocating modernization funds
shall not increase the purchase price or to the aggregate of PHAs and IHAs
amortization period of the home. participating in the CIAP and to individual
(b) Eligibility of paid-off and conveyed PHAs and IHAs participating in the CGP.
units for assistance.--(1) Paid-off units. A (b) Set-aside for emergencies and
Turnkey III unit that is paid off but {[[Page disasters. For each FFY, HUD shall reserve
499]]} from amounts approved in the appropriation
has not been conveyed at the time the act for grants under this part and part 950 of
CIAP application or CGP Annual this title, an amount not to exceed $75
Submission is submitted, is eligible for any million (which shall include unused reserve
physical improvement under SEC. amounts carried over from previous FFYs),
968.112(d). which shall be made available to PHAs and
(2) Conveyed units. Where IHAs for modernization needs resulting
modernization work has been approved from natural and other disasters, and from
before conveyance, the PHA may complete emergencies. HUD shall replenish this
the work even if title to the unit is reserve at the beginning of each FFY. Any
subsequently conveyed before the work is unused funds from previous years may
completed. However, once conveyed, the remain in the reserve until allocated. The
unit is not eligible for additional or future requirements governing the reserve for
assistance. A PHA shall not use funds disasters and emergencies and the
provided under this part for the purpose of procedures by which a PHA may request
modernizing units if the modernization work such funds, are set forth in SEC. 968.104.
was not approved before conveyance of title. (c) Set-aside for credits for mod
(c) Other. The homebuyer family must troubled PHAs under subpart C of this part.
be in compliance with its financial After deducting an amount for the reserve
obligations under its homebuyer agreement for natural and other disasters and for
in order to be eligible for non-emergency emergencies under paragraph (b) of this
physical improvements, with the exception section, HUD shall set aside from the funds
of work necessary to meet statutory and remaining no more than five percent for the
regulatory requirements, (e.g., accessibility purpose of providing credits to PHAs that
for persons with disabilities and lead-based were formerly designated as mod troubled
paint activities) and the correction of agencies under the Public Housing
Management Assessment Program on the most recently available, statistically
(PHMAP) (see 24 CFR part 901). The reliable data;
purpose of this set-aside is to compensate (ii) Statistically reliable data are
these PHAs for amounts previously withheld unavailable. Where HUD determines that
by HUD because of a PHA's prior statistically reliable data concerning the
designation as a mod troubled agency. Since categories of backlog need identified under
part 901 of this chapter does not apply to paragraph (e)(4) of this section are not
IHAs, they are not classified as ``mod available for individual PHAs and IHAs
troubled'' and they do not participate in the with 250 or more units, it will base its
set-aside credits established under paragraph allocation of funds under this section on
(c) of this section. estimates of the categories of backlog need
(d) Formula allocation based on relative using:
needs. After determining the amounts to be (A) The most recently available data on
reserved under paragraphs (b) and (c) of this the categories of backlog need under
section, HUD shall allocate the amount paragraph (e)(4) of this section;
remaining pursuant to the formula set forth (B) Objectively measurable data
in paragraphs (e) and (f) of this section, concerning the following PHA or IHA,
which is designed to measure the relative community and development characteristics:
backlog and accrual needs of PHAs and (1) The average number of bedrooms in
IHAs.\1\ the units in a development. (Weighted at
-------- 2858.7);
\1\ In construing all terms used in the (2) The proportion of units in a
statutory indicators for estimating backlog development available for occupancy by
and accrual need, HUD shall use the very large families. (Weighted at 7295.7);
meanings cited in Appendix B of the HUD (3) The extent to which units for
Report to the Congress on Alternative families are in high-rise elevator
Methods for Funding Public Housing developments. (Weighted at 5555.8);
Modernization (April 1990). Copies of the (4) The age of the developments, as
HUD Report to Congress may be obtained determined by the DOFA date (date of full
by contacting the HUD User at 1-800- availability). In the case of acquired
245-2691. developments, HUD will use the DOFA date
-------- unless the PHA provides HUD with the
(e) Allocation for backlog needs. HUD actual date of construction, in which case
shall allocate half of the formula amount HUD will use the actual date of construction
under paragraph (d) of this section based on (or, for scattered sites, the average dates of
the relative backlog needs of PHAs and construction of all the buildings), subject to
IHAs, as follows: a 50 year cap. (Weighted at 206.5);
(1) Determination of backlog need: (5) In the case of a large agency, the
(i) Statistically reliable data are number of units with 2 or more bedrooms.
available. Where HUD determines that the (Weighted at .433);
{[[Page 500]]} (6) The cost of rehabilitating property
data concerning the categories of in the area. (Weighted at 27544.3);
backlog need identified under paragraph (7) For family developments, the extent
(e)(4) of this section are statistically reliable of population decline in the unit of general
for individual IHAs and PHAs with 250 or local government determined on the basis of
more units, or for the aggregate of IHAs and the 1970 and 1980 censuses. (Weighted at
PHAs with fewer than 250 units, which are 759.5);
not participating in the formula funding (C) An equation constant of 1412.9.
portion of the modernization program, it will (2) Calibration of backlog need for
base its allocation on direct estimates of the developments constructed prior to 1985. The
statutory categories of backlog need, based estimated backlog need, as determined under

either paragraph (e)(1)(i) or (e)(1)(ii) of this Major Reconstruction of Obsolete Public
section, shall be adjusted upward for Housing, or HOPE VI programs for the units
developments constructed prior to 1985 by a developed or modernized with funds
constant ratio of 1.5 to more accurately received under this replacement housing
reflect the costs of modernizing the factor;
categories of backlog need under paragraph (D) A PHA that has been determined
(e)(4) of this section for the public housing by HUD to be troubled or mod-
stock as of 1991. troubled that is not already under the
(3) Replacement factor to reflect direction of HUD or a court-
backlog need for developments with appointed receiver, in accordance with
demolition, disposition, or conversion part 901 of this chapter, must use an
occurring on or after October 1, 1996. (i) Alternative Management Entity as defined
PHAs that have a reduction in units in SEC. 901.5 of this chapter for
attributable to demolition, disposition, or development of replacement housing and
conversion of units during the period must comply with any applicable provisions
(reflected in data maintained by HUD) that of its Memorandum of Agreement executed
lowers the formula unit count for the with HUD under that part; and
Comprehensive Grant formula calculations (E) Any development of replacement
qualify for application of a replacement housing by any PHA must be done in
housing factor, subject to satisfaction of accordance with part 941 of this chapter.
criteria stated in paragraph (e)(3)(ii) of this (iii) If the PHA does not use the
section. The factor will be added, where restored funding that results from the use of
applicable, for the first 5 years after such the replacement factor to provide
reduction, and consists of 50 percent of the replacement housing or renovate vacant
published Total Development Cost for a units in a timely fashion, in accordance with
two-bedroom unit in a walkup type structure SEC. 968.125 and SEC. 941.501 of this
for the period April 3, 1996 through April chapter, and make reasonable progress on
30, 1997, multiplied times the number of such use of the funding, in accordance with
units to be demolished, disposed of, or SEC. 968.335(a)(3) and SEC. 941.501,
converted. The total relative backlog need of HUD may require appropriate corrective
the PHA resulting from application of this action under SEC. 968.335 and SEC.
replacement factor cannot exceed the share 941.501; may recapture and reallocate the
it would have had if the demolition, funds; or may use other remedies available
disposition, or conversion had not taken to HUD.
place. (4) Deduction for prior modernization:
(ii) A PHA is eligible for application of HUD shall deduct from the estimated
this factor only if the PHA satisfies the backlog need, as determined under either
following criteria: paragraph (e)(1)(i) or (e)(1)(ii) of this
(A) The PHA requests the application section, amounts previously provided to a
of the replacement factor; PHA or IHA for modernization, using one of
(B) The restored funding that results the following methods:
from the use of the replacement factor is (i) Standard deduction for prior CIAP
used to provide replacement housing (in any and MROP. HUD shall deduct 60 percent of
year in which replacement housing is an the CIAP funds made available on a PHA-
eligible activity) or accelerated renovation wide or IHA-wide basis from FFY 1984 to
of vacant but viable units, in accordance 1991, and 40 percent of the funds made
with the PHA's five-year action plan, available on a development-specific basis
approved by HUD (see SEC. 968.315); for the Major Reconstruction of Obsolete
{[[Page 501]]} Projects (MROP) (not to exceed the
(C) The PHA does not receive funding estimated formula need for the
under the public housing development; development), subject to a maximum fifty
percent deduction of a PHA's or IHA's total available for individual PHAs and IHAs
need for backlog funding; with 250 or more units, it shall base its
(ii) Newly constructed units. Units with allocation of assistance under this section on
a DOFA date of October 1, 1991 or estimates of accrued need using: {[[Page
thereafter will be considered to have a zero 502]]}
backlog; or (i) The most recently available data on
(iii) Acquired developments. the categories of accrual need under
Developments acquired by a PHA with a paragraph (f)(3) of this section;
DOFA date of October 1, 1991 or thereafter (ii) Objectively measurable data
will be considered by HUD to have a zero concerning the following PHA or IHA,
backlog. community, and development
(5) Categories of backlog need. The characteristics:
most recently available data used under (A) The average number of bedrooms
either paragraph (e)(1)(i) or (e)(1)(ii) of this in the units in a development. (Weighted at
section must pertain to the following 100.1);
categories of backlog need: (B) The proportion of units in a
(i) Backlog of needed repairs and development available for occupancy by
replacements of existing physical systems in very large families. (Weighted at 356.7);
public housing developments; (C) The age of the developments.
(ii) Items that must be added to (Weighted 10.4);
developments to meet HUD's modernization (D) The extent to which the buildings
standards under SEC. 968.115, and State in developments of an agency average fewer
and local codes; and than 5 units. (Weighted at 87.1);
(iii) Items that are necessary or highly (E) The cost of rehabilitating property
desirable for the long-term viability of a in the area. (Weighted at 679.1);
development, in accordance with HUD's (F) The total number of units of each
modernization standards. PHA or IHA that owns or operates 250 or
(f) Allocation for accrual needs. HUD more units. (weighted at .0144);
shall allocate the other half remaining under (iii) An equation constant of 602.1.
the formula allocation under paragraph (d) (3) Categories of need. The data to be
of this section based upon the relative provided under either paragraph (f)(1) or (2)
accrual needs of PHAs and IHAs, of this section must pertain to the following
determined as follows: categories of need:
(1) Statistically reliable data are (i) Backlog of needed repairs and
available. Where HUD determines that replacements of existing physical systems in
statistically reliable data are available public housing developments; and
concerning the categories of need identified (ii) Items that must be added to
under paragraph (f)(3) of this section for developments to meet HUD's modernization
individual PHAs and IHAs with 250 or more standards under SEC. 968.115, and State
units, and for the aggregate of PHAs and and local codes.
IHAs with fewer than 250 units, it shall base (4) Replacement factor to reflect
its allocation of assistance under this section accrual need for developments with
on the needs that are estimated to have demolition, disposition, or conversion
accrued since the date of the last objective occurring on or after October 1, 1996. (i)
measurement of backlog needs under PHAs that have a reduction in units
paragraph (e)(1)(i) of this section; attributable to demolition, disposition, or
(2) Statistically reliable data are conversion of units during the period
unavailable. Where HUD determines that (reflected in data maintained by HUD) that
statistically reliable data concerning the lowers the formula unit count for the
categories of need identified under Comprehensive Grant formula calculations
paragraph (f)(3) of this section are not qualify for application of a replacement

housing factor, subject to satisfaction of (iii) If the PHA does not use the
criteria stated in paragraph (f)(4)(ii) of this restored funding that results from the use of
section. The factor will be added, where the replacement factor to provide
applicable, for the first five years after such replacement housing or renovate vacant
reduction, and consists of two percent of the units in a timely fashion, in accordance with
published Total Development Cost for a SEC. 968.125 and SEC. 941.501 of this
two-bedroom unit in a walkup type structure chapter, and make reasonable progress on
for the period April 3, 1996 through April such use of the funding, in accordance with
30, 1997, multiplied times the number of SEC. 968.335(a)(3) and SEC. 941.501,
units to be demolished, disposed of, or HUD may require appropriate corrective
converted. The total relative accrual need of action under SEC. 968.335 and SEC.
the PHA resulting from application of this 941.501; may recapture and reallocate the
replacement factor cannot exceed the share funds; or may use other remedies available
it would have had if the demolition, to HUD.
disposition, or conversion had not taken (g) Allocation of CIAP. The formula
place. amount determined under paragraphs (e) and
(ii) A PHA is eligible for application of (f) of this section for PHAs and {[[Page
this factor only if the PHA satisfies the 503]]}
following criteria: IHAs with fewer than 250 units shall be
(A) The PHA requests the application allocated to PHAs in accordance with the
of the replacement factor; requirements of subpart B of this part (the
(B) The restored funding that results CIAP), and to IHAs in accordance with the
from the use of the replacement factor is requirements of 24 CFR part 950, subpart I.
used to provide replacement housing (in any (h) Allocation for CGP. The formula
year in which replacement housing is an amount determined under paragraphs (e) and
eligible activity) or accelerated renovation (f) of this section for PHAs with 250 or
of vacant but viable units, in accordance more units shall be allocated in accordance
with the PHA's five-year action plan, with the requirements of subpart C of this
approved by HUD (see SEC. 968.315); part (the CGP), and for IHAs in accordance
(C) The PHA does not receive funding with the requirements of 24 CFR part 950,
under the public housing development, subpart I. A PHA that is eligible to receive a
Major Reconstruction of Obsolete Public grant under the CGP may appeal the amount
Housing, or HOPE VI programs for the units of its formula allocation in accordance with
developed or modernized with funding the requirements set forth in SEC.
received under this replacement housing 968.310(b). A PHA that is eligible to receive
factor; modernization funds under the CGP because
(D) A PHA that has been determined it owns or operates 250 or more units is
by HUD to be troubled or mod- disqualified from receiving assistance under
troubled, in accordance with part 901 of the CIAP under this part.
this chapter that is not already under the (i) Use of formula allocation. Any
direction of HUD or a court-appointed amounts allocated to a PHA under
receiver, must use an Alternative paragraphs (e) and (f) of this section may be
Management Entity as defined in SEC. used for any eligible activity under this part,
901.5 of this chapter for development of notwithstanding that the allocation amount
replacement housing and must comply with is determined by allocating half based on the
any applicable provisions of its relative backlog needs and half based on the
Memorandum of Agreement executed with relative accrual needs of PHAs and IHAs.
HUD under that part; and (j) Calculation of number of units. For
(E) Any development of replacement purposes of determining under this section
housing by any PHA must be done in the number of units owned or operated by a
accordance with part 941 of this chapter. PHA or IHA, and the relative modernization
needs of PHAs and IHAs, HUD shall count (ii) Units which are lost as a result of
as one unit each existing rental and section demolition, disposition or conversion shall
23 bond-financed unit under the ACC, not be offset against units subsequently
except that it shall count as one-fourth of a added to a PHA's or IHA's inventory;
unit each existing unit under the Turnkey III (iii) For purposes of calculating the
program. In addition, HUD shall count as number of converted units, HUD shall
one unit each existing unit under the Mutual regard the converted size of the unit as the
Help program. New development units that appropriate unit count (e.g., a unit that
are added to an PHA's or IHA's inventory originally was counted as one unit under
will be added to the overall unit count so paragraph (j) of this section, but which later
long as they are under ACC amendment and was converted into two units, shall be
have reached DOFA by the first day in the counted as two units under the ACC).
FFY in which the formula is being run. Any (3) Phased-in reduction of units. (i)
increase in units (reaching DOFA and under Reduction less than one percent. If HUD
ACC amendment) as of the beginning of the determines that the reduction in units under
FFY shall result in an adjustment upwards in paragraph (k)(2) of this section is less than
the number of units under the formula. New one percent, the PHA or IHA will be funded
units reaching DOFA after this date will be as though no change had occurred;
counted for formula purposes as of the (ii) Reduction greater than one percent.
following FFY. If HUD determines that the reduction in
(k) Demolition, disposition and units under paragraph (k)(2) of this {[[Page
conversion of units--(1) General. Where an 504]]}
existing unit under an ACC is demolished, section is greater than one percent, the
disposed of, or converted into a larger or number of units on which formula funding is
smaller unit, including the substantial based will be the number of units reported as
rehabilitation of a Mutual Help or Turnkey eligible for funding for the current program,
III unit, HUD shall not adjust the amount the plus two thirds of the difference between the
PHA or IHA receives under the formula, initial year and the current year in the first
unless more than one percent of the units are year, plus one third of the difference in the
affected on a cumulative basis. Where more second year, and at the level of the current
than one percent of the existing units are year in the third year;
demolished, disposed of, or converted, HUD (iii) Exception. A unit which is
shall reduce the formula amount for the conveyed under the Mutual Help or Turnkey
PHA or IHA over a 3-year period to reflect III programs will result in an automatic
removal of the units from the ACC; (rather than a phased-
(2) Determination of one percent cap. in) reduction in the unit count. Paid-off
In determining whether more than one Mutual Help or Turnkey III units continue to
percent of the units are affected on a be counted until they are conveyed.
cumulative basis, HUD will compare the (4) Subsequent reductions in unit count.
units eligible for funding in the initial year (i) Once a PHA's or IHA's unit count has
under formula funding with the number of been fully reduced under paragraph
units eligible for funding for formula (k)(3)(ii) of this section to reflect the new
funding purposes for the current year, and number of units under the ACC, this new
shall base its calculations on the following: number of units will serve as the base for
(i) Increases in the number of units purposes of calculating whether there has
resulting from the conversion of existing been a one percent reduction in units on a
units will be added to the overall unit count cumulative basis;
so long as they are under ACC amendment (ii) A reduction in formula funding,
by the first day in the FFY in which the based upon additional reductions to the
formula is being run; number of a PHA's or IHA's units, will also

be phased in over a three-year period, as (3) Repayment. A CGP PHA that
described in paragraph (k)(2) of this section. receives assistance for its emergency needs
[57 FR 5571, Feb. 14, 1992, as from the reserve under SEC. 968.103(b)
amended at 59 FR 30477, June 13, 1994; 59 must repay such assistance from its future
FR 44837, Aug. 30, 1994; 61 FR 8737, Mar. allocations of assistance, where available.
5, 1996; 63 FR 46107, Aug. 28, 1998] For CGP PHAs, HUD shall deduct up to 50
percent of a PHA's succeeding year's
Sec. 968.104 Reserve for formula allocation under SEC. 968.103 (e)
emergencies and disasters. and (f) to repay emergency funds previously
provided by HUD to the PHA. The
(a) Emergencies--(1) Eligibility for
remaining balance, if any, shall be deducted
assistance. A PHA (including a PHA that
from a PHA's succeeding years' formula
has been designated as mod troubled under
allocations. A CIAP PHA is not required to
PHMAP) may obtain funds at any time, for
repay assistance for its emergency needs
any eligible emergency work item as defined
from the reserve.
in SEC. 968.305 (for CGP PHAs) or for any
(b) Natural and other disasters--(1)
eligible emergency work item (described as
Eligibility for assistance. A PHA (including
emergency modernization in SEC. 968.205)
a PHA that has been designated as mod
(for CIAP PHAs), from the reserve
troubled under PHMAP) may request
established under SEC. 968.103(b).
assistance at any time from the reserve
However, emergency reserve funds may not
established under SEC. 968.103(b) for the
be provided to a CGP PHA that has the
purpose of permitting the PHA to address a
necessary funds available from any other
natural or other disaster. To qualify for
source, including its annual formula
assistance, the disaster must pertain to an
allocation under SEC. 968.103 (e) and (f),
extraordinary event affecting only one or a
other unobligated modernization funds, and
few PHAs, such as an earthquake or
its replacement reserves. A PHA is not
hurricane. Any disaster declared by the
required to have an approved comprehensive
President (or which HUD determines would
plan under SEC. 968.315 before it can
qualify for a Presidential declaration if it
request emergency assistance from this
were {[[Page 505]]}
reserve. Emergency reserve funds may not
on a larger scale) qualifies for
be provided to a CIAP PHA unless it does
assistance under this paragraph. A PHA may
not have the necessary funds available from
receive funds from the reserve regardless of
any other source, including unobligated
the availability of other modernization funds
CIAP, and no CIAP modernization funding
or reserves, but only to the extent that its
is available from HUD for the remainder of
needs are in excess of its insurance coverage
the fiscal year.
or other Federal assistance. A CGP PHA is
(2) Procedure. To obtain emergency
not required to have an approved
funds, a PHA must submit a request, in a
comprehensive plan under SEC. 968.315
form to be prescribed by HUD, which
before it can request assistance from the
demonstrates that without the requested
reserve under SEC. 968.103(b);
funds from the set-aside, the PHA does not
(2) Procedure. To obtain funding for
have adequate funds available to correct the
natural or other disasters under SEC.
conditions which present an immediate
968.103(b), a PHA must submit a request, in
threat to the health or safety of the residents.
a form to be prescribed by HUD, which
HUD will immediately process a request for
demonstrates that the PHA meets the
such assistance and, if it determines that the
requirements of paragraph (b)(1) of this
PHA's request meets the requirements under
section. HUD will immediately process a
paragraph (a)(1) of this section, it shall
request for such assistance and, if it
approve the request, subject to the
determines that the request meets the
availability of funds in the reserve;
requirements under paragraph (b)(1) of this
section, it shall approve the request, subject 1475 of the Low-Rent Housing Accounting
to the availability of funds in the reserve; Handbook 7510.1, as revised, which
(3) Repayment. Funds provided to a include: Account 1450 Site Improvements;
PHA under SEC. 968.103(b) for natural and Account 1460 Dwelling Structures; Account
other disasters are not required to be repaid. 1465.1 Dwelling Equipment--
[57 FR 5575, Feb. 14, 1992, as Nonexpendable; Account 1470 Nondwelling
amended at 59 FR 44838, Aug. 30, 1994. Structures; and Account 1475 Nondwelling
Redesignated and amended at 61 FR 8738, Equipment.
Mar. 5, 1996] Homebuyer agreement. A Turnkey III
Homebuyer Ownership Opportunity
Sec. 968.105 Definitions. Agreement.
The terms HUD and Public Housing Modernization funds. Funds derived
Agency (PHA) are defined in 24 CFR part 5. from an allocation of budget authority for
Act. The United States Housing Act of the purpose of funding physical and
1937, as amended, (42 U.S.C. 1437 et seq.). management improvements.
Annual contributions contract (ACC). Modernization program. A PHA's
A contract under the Act between HUD and program for carrying out modernization, as
the PHA containing the terms and conditions set forth in the approved CIAP budget or
under which the Department assists the PHA CGP Annual Statement.
in providing decent, safe, and sanitary Modernization project. The
housing for low-income families. The ACC improvement of one or more existing public
must be in a form prescribed by HUD under housing developments under a unique
which HUD agrees to provide assistance in number designated for that modernization
the development, modernization, and/or program. For each modernization project,
operation of a low-income housing project HUD and the PHA shall enter into an ACC
under the Act, and the PHA agrees to amendment, requiring low-income use of the
develop, modernize, and operate the project housing for not less than 20 years from the
in compliance with all provisions of the date of the ACC amendment (subject to sale
ACC and the Act, and all HUD regulations of homeownership units in accordance with
and implementing requirements and the terms of the ACC). The terms
procedures. ``modernization project number'' and
CGP. The Comprehensive Grant ``comprehensive grant number'' are used
Program, which provides modernization interchangeably.
funds on a formula basis to PHAs with 250 Non-routine maintenance. Work items
or more public housing units. that ordinarily would be performed on a
CIAP. The Comprehensive regular basis in the course of upkeep of
Improvement Assistance Program, which property, but have become substantial in
provides modernization funds on a scope because they have been put off, and
competitive basis to PHAs with fewer than involve expenditures that would otherwise
250 public housing units. materially distort the {[[Page 506]]}
Development. The term development level trend of maintenance expenses.
has the same meaning as that provided for Replacement of equipment and materials
low-income housing project, as that term is rendered unsatisfactory because of normal
defined in section 3(b)(1) of the Act. wear and tear by items of substantially the
FFY. Federal fiscal year. same kind does qualify, but reconstruction,
Force account labor. Labor employed substantial improvement in the quality or
directly by the PHA on either a permanent kind of original equipment and materials, or
or a temporary basis. See SEC. 968.120. remodeling that alters the nature or type of
Hard costs. The physical improvement housing units does not qualify.
costs in development accounts 1450 through Partnership process. A specific and
ongoing process that is designed to ensure

that residents, resident groups, and the PHA connection with the temporary relocation,
work in a cooperative and collaborative including the cost of moving to and from the
manner to develop, implement and monitor temporary housing and any increase in
the CIAP or CGP. At a minimum, a PHA monthly rent/utility costs; and
shall ensure that the partnership process (2) Appropriate advisory services,
incorporates full resident participation in including reasonable advance written notice
each of the required program components. of:
PHMAP. The Public Housing (i) The date and approximate duration
Management Assessment Program of the temporary relocation;
(PHMAP) is a process designed to allow (ii) The location of the suitable, decent,
HUD and the PHA to identify PHA safe, and sanitary housing to be made
management capabilities and deficiencies, available for the temporary period;
and to lead to overall better management of (iii) The terms and conditions under
the public housing program, in accordance which the resident may lease and occupy a
with 24 CFR part 901. suitable, decent, safe, and sanitary dwelling
Reasonable cost. Total unfunded hard in the building/complex following
cost needs for a development that do not completion of the project; and
exceed 90 percent of the computed Total (iv) The provisions of paragraph (b)(1)
Development Cost (TDC) for a new of this section.
development with the same structure type (c) Relocation assistance for displaced
and number and size of units in the market persons. A ``displaced person'' (defined in
area. paragraph (g) of this section) must be
Soft costs. The non-physical provided relocation assistance at the levels
improvement costs which exclude any costs described in, and in accordance with the
in development accounts 1450 through requirements of, the Uniform Relocation
1475. Assistance and Real Property Acquisition
[54 FR 52689, Dec. 21, 1989, as Policies Act of 1970, as amended (URA) (42
amended at 56 FR 922, Jan. 9, 1991; 57 FR U.S.C. 4601-4655) and implementing
5573, Feb. 14, 1992; 58 FR 13931, Mar. 15, regulations at 49 CFR part 24. A ``displaced
1993; 61 FR 5216, Feb. 9, 1996; 61 FR person'' shall be advised of his/her rights
8738, Mar. 5, 1996] under the Fair Housing Act (42 U.S.C.
3601-19), and, if the representative
Sec. 968.108 Displacement, comparable replacement dwelling used to
relocation, and real property establish the amount of the replacement
housing payment to be provided to a
acquisition.
minority person is located in an area of
(a) Minimizing displacement. minority concentration, such person also
Consistent with the other goals and shall be given, if possible, referrals to
objectives of this part, PHAs must assure comparable and suitable, decent, safe, and
that they have taken all reasonable steps to sanitary replacement dwellings not located
minimize the displacement of persons in such areas.
(families, individuals, businesses, nonprofit (d) Real property acquisition
organizations, and farms) as a result of a requirements. The acquisition of real
project assisted under this part. property for a development is subject to the
(b) Temporary relocation. Residents URA and the requirements described in 49
who will not be required to move CFR part 24, subpart B.
permanently, but who must relocate (e) Appeals. A person who disagrees
temporarily (e.g., to permit rehabilitation), with the PHA's determination concerning
shall be provided: whether the person qualifies as a ``displaced
(1) Reimbursement for all reasonable person,'' or the amount of the relocation
out-of-pocket expenses incurred in assistance for which the {[[Page 507]]}
person is eligible, may file a written (B) The resident is required to relocate
appeal of that determination with the PHA. temporarily, does not return to the
A lower-income person who is dissatisfied building/complex, and either:
with the PHA's determination on his or her (1) The resident is not offered payment
appeal may submit a written request for for all reasonable out-of-
review of that determination to the HUD pocket expenses incurred in connection
Field Office. with the temporary relocation, or
(f) Responsibility of PHA. (1) The (2) Other conditions of the temporary
PHA shall certify that it will comply (i.e., relocation are not reasonable; or
provide assurance of compliance, as (C) The resident is required to move to
required by 49 CFR part 24) with the URA, another dwelling unit in the same
the regulations at 49 CFR part 24, and the building/complex but is not offered
requirements of this section and shall ensure reimbursement for all reasonable out-of-
such compliance, notwithstanding any third pocket expenses incurred in connection with
party's contractual obligation to the PHA to the move, or other conditions of the move
comply with these provisions. are not reasonable; or
(2) The PHA shall maintain records in (ii) Before the `ìnitiation of
sufficient detail to demonstrate compliance negotiations,'' if the PHA or HUD
with these provisions. The PHA shall determines that the displacement resulted
maintain data on the race, ethnic, gender, directly from acquisition, rehabilitation, or
and handicap status of displaced persons. demolition for the assisted project;
(g) Definition of displaced person. (1) (2) Notwithstanding the provisions of
For purposes of this section, the term paragraph (g)(1) of this section, a person
displaced person means a person (family, does not qualify as a ``displaced person''
individual, business, nonprofit organization, (and is not eligible for relocation assistance
or farm) that moves from real property, or under the URA or this section), if:
moves personal property from real property, (i) The person has been evicted for
permanently, as a direct result of acquisition, serious or repeated violation of the terms
rehabilitation, or demolition for a project and conditions of the lease or occupancy
assisted under this part. This includes any agreement, violation of applicable Federal,
permanent, involuntary move for an assisted State or local law, or other good cause, and
project, including any permanent move from the PHA determines that the eviction was
the building/complex that is made: not undertaken for the purpose of evading
(i) On or after the date of the the obligation to provide relocation
`ìnitiation of negotiations'' (defined in SEC. assistance;
968.108(h)), if the person is the resident of a (ii) The person moved into the property
dwelling and any one of the following three after the submission of the Annual
situations occurs: Statement (CGP) or application (CIAP) and,
(A) The resident has not been provided, before signing a lease and commencing
before the move, a written notice offering occupancy, was provided written notice of
the resident the opportunity to lease and the project, its possible impact on the person
occupy a suitable, decent, safe, and sanitary (e.g., that the person may be displaced or
dwelling in the same building/ temporarily relocated) and the fact that he or
complex upon completion of the project she would not qualify as a ``displaced
under reasonable terms and conditions. Such person'' (or for assistance under this section)
reasonable terms and conditions include a as a result of the project;
monthly rent and estimated average monthly (iii) The person is ineligible under 49
utility costs that do not exceed the total CFR 24.2(g)(2); or
tenant payment, as determined under 24 (iv) HUD determines that the person
CFR 913.107; or was not displaced as a direct result of

acquisition, rehabilitation, or demolition for special flood hazards, unless the following
the project. conditions are met:
(3) The PHA may ask HUD, at any (1) Flood insurance on the building is
time, to determine whether a displacement is obtained in compliance with section 102(a)
or would be covered by this section. of the Flood Disaster Protection Act of 1973
(h) Definition of initiation of (42 U.S.C. 4001 et seq.); and
negotiations. For purposes of determining (2) The community in which the area is
the formula for computing the replacement situated is participating in the National
housing assistance to be provided to a Flood Insurance Program in accord with 44
{[[Page 508]]} CFR parts 59-79, or less than one year has
resident who is displaced by passed since FEMA notification regarding
rehabilitation or demolition, the term flood hazards.
initiation of negotiations means 45 calendar (e) Wage rates. (1) Davis-Bacon. With
days before (1) the issuance of the invitation respect to modernization work or contracts
for bids for the project or (2) the start of over $2,000 (except for nonroutine
force account work, whichever is applicable. maintenance work), all laborers and
(Approved by the Office of mechanics (other than volunteers under the
Management and Budget under OMB conditions set out in 24 CFR part 70) who
Control Number 2506-0121) are employed by the PHA or its contractors
[58 FR 13931, Mar. 15, 1993, as shall be paid not less than the wages
amended at 61 FR 8738, Mar. 5, 1996] prevailing in the locality, as predetermined
by the Secretary of Labor pursuant to the
Sec. 968.110 Other program Davis-Bacon Act (40 U.S.C. 276a-276a-5).
requirements. (2) HUD-determined. With respect to
all nonroutine maintenance work or
In addition to the Federal requirements
contracts, all laborers and mechanics (other
set forth in 24 CFR part 5, the PHA shall
than volunteers under the conditions set out
comply with the following program
in 24 CFR part 70) who are employed by the
requirements:
PHA or its contractors shall be paid not less
(a) Nondiscrimination and equal
than the wages prevailing in the locality, as
opportunity. The PHA shall comply with
determined or adopted by HUD pursuant to
Title II of the Americans with Disabilities
section 12 of the United States Housing Act
Act and 28 CFR part 35; section 504 of the
of 1937.
Rehabilitation Act of 1973 and 41 CFR part
(3) State. Prevailing wage rates
60-471; and the Architectural Barriers Act
determined under State law are inapplicable
of 1968 (42 U.S.C. 4151-4157) and 24 CFR
under the circumstances set forth in SEC.
part 40.
965.101 of this chapter.
(b) [Reserved]
(f) Technical wage rates. All architects,
(c) Environmental clearance. Before
technical engineers, draftsmen and
approving a proposed project, HUD will
technicians (other than volunteers under the
comply with the requirements of 24 CFR
conditions set out in 24 CFR part 70) who
part 50, implementing the National
are employed in the development of a
Environmental Policy Act of 1969 (42
project shall be paid not less than the wages
U.S.C. 4332 et seq.) and related
prevailing in the locality, as determined or
requirements of 24 CFR 50.4.
adopted (subsequent to a determination
(d) Flood insurance. HUD will not
under applicable State or local law) by
approve for acquisition, construction, or
HUD.
improvement, a building located in an area
(g)-(j) [Reserved]
that has been identified by the Federal
(k) Lead-based paint poisoning
Emergency Management Agency as having
prevention. The PHA shall comply with the
relevant requirements of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. (2) For a CIAP PHA, the eligible costs
4821-4846), the Residential Lead-Based are activities approved by HUD and
Paint Hazard Reduction Act of 1992 (42 included in an approved CIAP budget.
U.S.C. 4851-4856), and implementing (b) Demonstration of viability. Except
regulations at part 35, subparts A, B, L, and in the case of emergency work, a PHA shall
R of this title. only expend funds on a development for
(l) [Reserved] which the PHA has determined, and HUD
(m) Coastal barriers. In accordance agrees, that the completion of the
with the Coastal Barriers Resources Act, 16 improvements and replacements (for CGP
U.S.C. 3501, no financial assistance under PHAs, as identified in the Comprehensive
this part may be made available within the Plan) will reasonably ensure the long-term
Coastal Barrier Resources System. physical and social viability of the
[54 FR 52689, Dec. 21, 1989, as development at a reasonable cost (as defined
amended at 56 FR 922, Jan. 9, 1991; 56 FR in SEC. 968.105), or for essential non-
15175, Apr. 15, 1991; 57 FR 5573, Feb. 14, routine maintenance needed to keep the
1992; 57 FR 14761, Apr. 22, 1992; 58 FR property habitable until the demolition or
13932, Mar. 15, 1993; 61 FR 5216, Feb. 9, disposition application is approved and
1996; 61 FR 8738, Mar. 5, 1996; 64 FR residents are relocated.
33637, June 23, 1999; 64 FR 50229, Sept. (c) Physical improvements. Eligible
15, 1999] costs include alterations, betterments,
additions, replacements, and non-routine
Sec. 968.112 Eligible costs. maintenance that are necessary to meet the
(a) General. A PHA may use financial modernization and energy conservation
assistance received under this part for the standards prescribed in SEC. 968.115. These
following eligible costs: mandatory standards may be exceeded when
(1) For a CGP PHA, the eligible costs a PHA (and HUD in the case of CIAP
are: {[[Page 509]]} PHAs) determines that it is necessary or
(i) Undertaking activities described in highly desirable for the long-term physical
its approved Annual Statement under SEC. and social viability of the individual
968.325 and approved Five-Year Action development. Development specific work
Plan under SEC. 968.315(e)(5); includes work items that are modest in
(ii) Carrying out emergency work, design and cost, but still blend in with the
whether or not the need is indicated in the design and architecture of the surrounding
PHA's approved Comprehensive Plan, community by including amenities, quality
including Five-Year Action Plan, or Annual materials and design and landscaping
Statement; features that are customary for the locality
(iii) Funding a replacement reserve to and culture. The Field Office has the
carry out eligible activities in future years, authority to approve nondwelling space
subject to the restrictions set forth in where such space is needed to administer,
paragraph (f) of this section; and is of direct benefit to, the public housing
(iv) Preparing the Comprehensive Plan program. If demolition or disposition is
and Five-Year Action Plan under SEC. proposed, a PHA shall comply with 24 CFR
968.315 and the Annual Submission under part 970. Additional dwelling space may be
SEC. 968.325, including reasonable costs added to existing units.
necessary to assist residents to participate in (d) Turnkey III developments. (1)
a meaningful way in the planning, General. Eligible physical improvement
implementation and monitoring process; and costs for existing Turnkey III developments
(v) Carrying out an audit, in accordance are limited to work items that are not the
with 24 CFR part 44. responsibility of the homebuyer families and
that are related to health and safety,
correction of development deficiencies,

physical accessibility, energy audits and CFR part 970, and related costs, such as
cost-effective energy conservation measures, clearing and grading the site after demolition
or LBP testing, interim containment, and subsequent site improvement to benefit
professional risk assessment and abatement. the remaining portion of the existing
In addition, management improvements are development; and
eligible costs. (2) Conversion of existing dwelling
(2) Ineligible costs. Routine units to different bedroom sizes or to non-
maintenance or replacements, and items that dwelling use.
are the responsibility of the homebuyer (f) Replacement reserve costs (for CGP
families are ineligible costs. only). (1) Funding a replacement reserve to
(3) Exception for vacant or non- carry out eligible activities in future years is
homebuyer-occupied Turnkey III units. an eligible cost, subject to the following
(i) Notwithstanding the requirements of restrictions:
paragraph (d)(1) of this section, a PHA may (i) Annual CGP funds are not needed
substantially rehabilitate a Turnkey III unit for existing needs, as identified by the PHA
whenever the unit becomes vacant or is in its needs assessments; or
occupied by a non-homebuyer family in (ii) A physical improvement requires
order to return the unit to the inventory or more funds than the PHA would receive
make the unit suitable for homeownership under its annual formula allocation; or
purposes. A PHA that intends to use funds (iii) A management improvement
under this paragraph must identify in its requires more funds than the PHA may use
CIAP application or CGP annual submission under its 20% limit for management
the estimated number of units proposed for improvements (except as provided in
substantial rehabilitation and subsequent paragraph (n)(2)(i) of this section), and the
sale. In addition, a PHA must demonstrate, PHA needs to save a portion of its annual
for each of the Turnkey III units proposed to grant, in order to combine it with a portion
be substantially rehabilitated, that it has of subsequent year(s) grants to fund the
homebuyers who both are eligible for work item.
homeownership, in accordance with the (2) The PHA shall invest replacement
requirements of 24 CFR part 904, and have reserve funds so as to generate a return equal
demonstrated their intent to be placed into to or greater than the average 91-day
the unit. Treasury bill rate.
(ii) Before a PHA may be approved for (3) Interest earned on funds in the
substantial rehabilitation of a unit {[[Page replacement reserve will not be added to the
510]]} PHA's income in the determination of a
under this paragraph, it must first PHA's operating subsidy eligibility, but
deplete any Earned Home Payments must be used for eligible modernization
Account (EHPA) or Non-Routine costs.
Maintenance Reserve (NRMR) pertaining to (4) To the extent that its annual formula
the unit, and request the maximum amount allocation and any unobligated balances of
of operating subsidy. Any increase in the modernization funds are not adequate to
value of a unit caused by its substantial meet emergency needs, a PHA must first use
rehabilitation under this paragraph shall be its replacement reserve, where funded, to
reflected solely by its subsequent appraised meet emergency needs, before requesting
value, and not by an automatic increase in funds from the reserve under SEC. 968.104.
its selling price. Use of the replacement reserve is not
(e) Demolition and conversion costs. required for emergencies if the amount that
Eligible costs include: otherwise would be used from that reserve is
(1) Demolition of dwelling units or an accumulation from application of the
non-dwelling facilities, where the replacement housing factor (SEC.
demolition is approved by HUD under 24 968.103(e) (3) and (f)(4)) that is necessary
so that replacement housing can be provided resident management to carry out
efficiently and effectively. management functions for a specific
(5) A PHA is not required to use its development or developments; train
replacement reserve for costs related to residents in skills directly related to the
natural and other disasters. operations and management of the
(g) Management improvement costs. development(s) for potential employment by
(1) General. Management improvements the RMC; train RMC board members in
that are development-specific or PHA-wide community organization, board
in nature are eligible costs where needed to development, and leadership; and assist in
upgrade the operation of the PHA's the formation of an RMC.
developments, sustain physical (iv) Resident homeownership costs.
improvements at those developments or Eligible costs are limited to the study of the
correct management deficiencies. A PHA's feasibility of converting rental to
ongoing operating expenses are ineligible homeownership units and the preparation of
management improvement costs. For CIAP an application for conversion to
PHAs, management improvements may be homeownership or sale of units.
funded as a single work item. (v) Preventive maintenance system.
(2) Eligible costs. Eligible costs Eligible costs include the establishment of a
include: preventive maintenance system or
(i) General management improvement improvement of an existing system. A
costs. Eligible costs include general preventive maintenance system must
management improvement costs, such as: provide for regular inspections of building
management, financial, and accounting structures, systems and units and distinguish
control systems of the PHA; adequacy and between work eligible for operating funds
qualifications of PHA personnel, including (routine maintenance) and work eligible for
training; resident programs and services modernization funding (non-routine
through the coordination of the provision of maintenance).
social services from tribal or local (h) Drug elimination costs. Eligible
government or other public and private costs include drug elimination activities
entities; resident and development security; involving management or physical
resident selection and eviction; occupancy; improvements, as specified by HUD.
rent collection; maintenance; and equal (i) Lead-based paint costs. Eligible
opportunity. costs include lead-based paint activities,
(ii) Economic development costs. such as insurance coverage and cleanup and
Eligible costs include job training for disposal, in accordance with part 35 of this
residents and resident business development title.
activities, for the purpose of carrying out (j) Administrative costs. Administrative
activities related to the modernization- costs necessary for the planning, design,
funded management and physical implementation and monitoring of the
improvements. HUD encourages PHAs, to physical and management improvements are
the greatest extent feasible, to hire residents eligible costs and include the following:
as trainees, apprentices, or employees to (1) Salaries. The salaries of non-
carry out {[[Page 511]]} technical and technical PHA personnel
the modernization program under this assigned full-time or part-time to
part, and to contract with resident-owned modernization are eligible costs only where
businesses for modernization work. the scope and volume of the work are
(iii) Resident management costs. beyond that which could be reasonably
Eligible costs include technical assistance to expected to be accomplished by such
a resident council or resident management personnel in the performance of their non-
corporation (RMC), as defined in part 964, modernization duties. A PHA shall properly
in order to: determine the feasibility of apportion to the appropriate program budget

any direct charges for the salaries of the CIAP application and which are
assigned full- or part-time staff (e.g., to the related to developing the CIAP application
CIAP, CGP or operating budget); or carrying out eligible modernization
(2) Employee benefit contributions. planning, such as detailed design work,
PHA contributions to employee benefit preparation of solicitations, and LBP
plans on behalf of non-technical and professional risk assessment and testing.
technical PHA personnel are eligible costs in Planning costs may be funded as a single
direct proportion to the amount of salary work item. If a PHA incurs planning costs
charged to the CIAP or CGP, as appropriate; without prior HUD approval, a PHA does so
(3) Preparation of CIAP or CGP with the full understanding that the costs
required documents; may not be reimbursed upon approval of the
(4) Resident participation. Eligible CIAP application. Planning costs shall not
costs include those associated with ensuring exceed 5 percent of the CIAP funds
the meaningful participation of residents in available to a Field Office in a particular
the development of the CIAP Application or FFY.
the CGP Annual Submission and (2) CGP costs. (i) Management
Comprehensive Plan and the implementation improvement costs. Notwithstanding the full
and monitoring of the approved fungibility of work items, a PHA shall not
modernization program; and use more than a total of 20 percent of its
(5) Other administrative costs, such as annual grant for management improvement
telephone and facsimile, as specified by costs in account 1408, unless specifically
HUD. approved by HUD or the PHA has been
(k) Audit costs (CGP only). Eligible designated as both an over-all high
costs are limited to the portion of the audit performer and mod-high performer under
costs that are attributable to the the PHMAP.
modernization program. (ii) Administrative costs.
(l) Architectural/engineering and Notwithstanding the full fungibility of work
consultant fees. Eligible costs include fees items, a PHA shall not use more than a total
for planning, identification of needs, of 10 percent of its annual grant on
detailed design work, preparation of administrative costs in account 1410,
construction and bid documents and other excluding any costs related to lead-based
required documents, LBP professional risk paint or asbestos testing (whether conducted
assessments and testing, and inspection of by force account employees or by a
work in progress. contractor), in-house architectural/
(m) Relocation costs. Eligible costs engineering (A/E) work, or other
include relocation and other assistance for special administrative costs required by
permanent and temporary relocation, as a State or local law, unless specifically
direct result of rehabilitation, demolition or approved by HUD.
acquisition for a modernization-funded (3) Program benefit. Where the
activity, where this assistance is required by physical or management improvement,
49 CFR part 24 or SEC. 968.108. including administrative cost, will benefit
(n) Cost limitations. (1) CIAP costs. (i) programs other than Public Housing, such as
Management improvement costs. Section 8 or local revitalization programs,
Management improvement costs shall not eligible costs are limited to the amount
exceed a percentage of the CIAP funds directly attributable to the public housing
available to a Field Office in a particular program.
FFY, as specified by HUD. (4) No duplication. Any eligible cost
(ii) Planning costs. Planning costs are for an activity funded by CIAP or CGP shall
costs incurred before HUD approval of not also be funded by any other HUD
{[[Page 512]]} program.
(o) Ineligible costs. Ineligible costs analysis, reflecting installation and operating
include: costs; and
(1) Luxury improvements; (d) Provide decent, safe, and sanitary
(2) Indirect administrative costs living conditions in PHA-
(overhead), as defined in OMB Circular A- owned and PHA-operated public
87; housing.
(3) Public housing operating assistance; [61 FR 8740, Mar. 5, 1996]
(4) Direct provision of social services,
through either force account or contract Sec. 968.120 Force account.
labor, from FFY 1996 and future FFYs (a) For both CIAP and CGP, a PHA
funds, unless otherwise provided by law; may undertake the activities using force
and account labor, only where specifically
(5) Other ineligible activities, as approved by HUD in the CIAP budget or
specified by HUD. CGP Annual Statement, except no prior
(p) Expanded eligibility for FFY 1995 HUD approval is required where the PHA is
and prior year modernization funds. The designated as both an {[[Page 513]]}
FFY 1995 Rescissions Act expanded the overall high performer and
eligible activities that may be funded with Modernization high performer under the
CIAP or CGP assistance provided from FFY PHMAP.
1995 and prior FFY funds. Such activities (b) If the entirety of modernization
include, but are not limited to: activity (including the planning and
(1) New construction or acquisition of architectural design of the rehabilitation) is
additional public housing units, including administered by the RMC, the PHA shall not
replacement units; retain for any administrative or other reason,
(2) Modernization activities related to any portion of the modernization funds
the public housing portion of housing provided, unless the PHA and the RMC
developments held in partnership, or provide otherwise by contract.
cooperation with non- [61 FR 8740, Mar. 5, 1996]
public housing entities; and
(3) Other activities related to public
Sec. 968.125 Initiation of
housing, including activities eligible under
the Urban Revitalization Demonstration modernization activities.
(HOPE VI). After HUD has approved the
[61 FR 8738, Mar. 5, 1996, as amended modernization program and entered into an
at 62 FR 27126, May 16, 1997; 63 FR ACC amendment with the PHA, a PHA
46108, Aug. 28, 1998; 64 FR 50229, Sept. shall undertake the modernization activities
15, 1999] and expenditures set forth in its approved
CIAP budget or CGP Annual
Sec. 968.115 Modernization and Statement/Five-Year Action Plan in a
energy conservation standards. timely, efficient and economical manner. All
approved funding must be obligated within
All improvements funded under this two years of approval and expended within
part shall: three years of approval unless HUD
(a) Meet the modernization standards as approves a longer time period in the PHA's
prescribed by HUD; implementation schedule, as set forth in the
(b) Incorporate cost-effective energy CIAP budget or CGP Annual Statement.
conservation measures, identified in the HUD may approve a longer time period for
PHA's most recently updated energy audit, such reasons as the large size of the grant or
conducted pursuant to part 965, subpart C; the complexity of the work.
(c) Where changing or installing a new [61 FR 8741, Mar. 5, 1996]
utility system, conduct a life-cycle cost

Sec. 968.130 Fund requisitions. solicitation for prior HUD approval before
To draw down modernization funds issuance; or
against the approved CIAP budget or CGP (2) Where the estimated contract
Annual Statement, a PHA shall comply with amount does not exceed the HUD-
requirements prescribed by HUD. established threshold, certify receipt of
[61 FR 8741, Mar. 5, 1996] the required architect's/
engineer's certification that the
construction documents accurately reflect
Sec. 968.135 Contracting HUD-approved work and meet the
requirements. modernization and energy conservation
In addition to the requirements standards and that the construction
specified in 24 CFR parts 5, 85, and 965, solicitation is complete and includes all
subpart A, and SEC. 968.110(e), the mandatory items.
following provisions apply: (d) Contract awards. (1) For CIAP
(a) Architect/engineer and other only, a PHA shall obtain HUD approval of
professional services contracts. For CIAP the proposed award of a contract if the
only and notwithstanding 24 CFR 85.36(g), contract work is inconsistent with the
a PHA shall comply with the following originally approved modernization program
HUD requirements: or the procurement meets the criteria set
(1) Where the proposed contract forth in 24 CFR 85.36(g)(2)(i) through (iv).
amount exceeds the HUD-established In all other instances, a PHA shall make the
threshold, submit the contract for prior HUD award without HUD approval after the PHA
approval before execution or issuance; or has certified that:
(2) Where the proposed contract (i) The solicitation and award
amount does not exceed the HUD- procedures were conducted in compliance
established threshold, certify that the with State or local laws and Federal
scope of work is consistent with the requirements; {[[Page 514]]}
originally approved modernization program, (ii) The award does not meet the
and that the amount is appropriate and does criteria in 24 CFR 85.36(g)(2)(i) through
not result in the total HUD-approved CIAP (iv) for prior HUD approval; and
budget being exceeded. (iii) The contractor is not on the Lists
(b) Assurance of completion. For both of Parties Excluded from Federal
CIAP and CGP and notwithstanding 24 CFR Procurement or Nonprocurement Programs;
85.36(h), for each construction contract over (2) For CGP only, a PHA shall obtain
$100,000, the contractor shall furnish a bid HUD approval of the proposed award of a
guarantee from each bidder equivalent to 5% contract if the procurement meets the criteria
of the bid price; and one of the following: set forth in 24 CFR 85.36(g)(2)(i) through
(1) A performance and payment bond (iv).
for 100 percent of the contract price; or (e) Contract modifications. For CIAP
(2) Separate performance and payment only and notwithstanding 24 CFR 85.36(g),
bonds, each for 50% or more of the contract except in an emergency endangering life or
price; or property, a PHA shall comply with HUD
(3) A 20% cash escrow; or requirements to either:
(4) a 25% irrevocable letter of credit. (1) Where the proposed contract
(c) Construction solicitations. For CIAP modification exceeds the HUD-
only and notwithstanding 24 CFR 85.36(g), established threshold, submit the
a PHA shall comply with HUD requirements proposed modification for prior HUD
to either: approval before issuance; or
(1) Where the estimated contract (2) Where the proposed contract
amount exceeds the HUD-established modification does not exceed the HUD-
threshold, submit a complete construction established threshold, certify that the
proposed modification is within the scope of (b) Audit. The audit shall follow the
the contract and that any additional costs are guidelines prescribed in 24 CFR part 44,
within the total HUD-approved CIAP Non-Federal Government Audit
budget amount. Requirements. If the pre-audit or post-audit
(f) Construction requirements. Where AMCC indicates that there are excess funds,
indicated by poor performance, a PHA may a PHA shall immediately remit the excess
be required to submit to HUD periodic funds as directed by HUD. If the pre-audit
progress reports and, for prior HUD or post-audit AMCC discloses unauthorized
approval, construction completion or ineligible expenditures, a PHA shall
documents above a HUD- immediately take such corrective actions as
specified amount. For CGP only, a HUD may direct.
PHA is notified of additional construction [61 FR 8741, Mar. 5, 1996]
requirements by a notice of deficiency or a
corrective action order. Subpart B_Comprehensive
(g) Reward for high performers. For
CIAP only, if a PHA is both an overall high
Improvement Assistance
performer and a modernization high Program (For PHAs That Own
performer under the Public Housing or Operate Fewer Than 250
Management Assessment Program Units)
(PHMAP), HUD will not establish
Source: 61 FR 8741, Mar. 5, 1996,
thresholds, and the PHA is not required to
obtain prior HUD approval, under
paragraphs (a), (c), and (e) of this section.
[61 FR 8741, Mar. 5, 1996] Sec. 968.205 Definitions.
In addition to the definitions in SEC.
Sec. 968.140 On-site 968.105, the following definitions apply to
inspections. this subpart:
Emergency Modernization (CIAP). A
It is the responsibility of the PHA, not type of modernization program for a
HUD, to provide, by contract or otherwise, development that is limited to physical work
adequate and competent supervisory and items of an emergency nature that poses an
inspection personnel during modernization, immediate threat to the health or safety of
whether work is performed by contract or residents or is related to fire safety, and that
force account labor and with or without the must be corrected within one year of CIAP
services of an architect/ funding approval.
engineer, to ensure work quality and Management capability. A PHA has
progress. management capability if it is:
[58 FR 13938, Mar. 15, 1993. (1) Not designated as Troubled under
Redesignated at 61 FR 8741, Mar. 5, 1996] part 901 of this chapter, Public Housing
{[[Page 515]]}
Sec. 968.145 Fiscal closeout. Management Assessment Program
(a) Actual modernization cost (PHMAP); or
certificate (AMCC). Upon expenditure by (2) Designated as Troubled, but has a
the PHA of all funds, or termination by reasonable prospect of acquiring
HUD of the activities funded in a management capability through CIAP-
modernization program, a PHA shall submit funded management improvements and
the AMCC, in a form prescribed by HUD, to administrative support. A Troubled PHA is
HUD for review and approval for audit. eligible for Emergency Modernization only,
After audit verification, HUD shall approve unless it is making reasonable progress
the AMCC. toward meeting the performance targets
established in its memorandum of agreement

or equivalent under SEC. 901.140 of this become available, HUD will notify PHAs of
chapter or has obtained alternative oversight the time frame for submission of the CIAP
of its management functions. application and other pertinent information.
Modernization capability. A PHA has (b) Distribution of funding. HUD will
modernization capability if it is: distribute the available funding under this
(1) Not designated as Modernization subpart to every eligible PHA that responds
Troubled under part 901 of this chapter, to the notice issued pursuant to paragraph
PHMAP; or (a) of this section based on two equally-
(2) Designated as Modernization weighted factors: a PHA's share of the total
Troubled, but has a reasonable prospect of number of units eligible for CIAP; and a
acquiring modernization capability through PHA's share of the total number of
CIAP-funded management improvements bedrooms in units eligible for CIAP (with
and administrative support, such as hiring studio units counted as one-bedroom units).
staff or contracting for assistance. A HUD will also provide a vacancy
Modernization Troubled PHA is eligible for preference, consisting of an additional
Emergency Modernization only, unless it is increment of funding, to PHAs that have
making reasonable progress toward meeting modernization capability and demonstrate
the performance targets established in its that at least 25% of their units are vacant,
memorandum of agreement or equivalent substandard units (where vacancies are not
under SEC. 901.140 of this chapter or has due to insufficient demand). A PHA has
obtained alternative oversight of its modernization capability if it has previously
modernization functions. Where a PHA does received CIAP funding and meets the
not have a funded modernization program in requirements of Modernization capability as
progress, the Field Office shall determine defined at SEC. 968.205.
whether the PHA has a reasonable prospect (c) ACC amendment. HUD and the
of acquiring modernization capability PHA shall enter into an ACC amendment in
through hiring staff or contracting for order for the PHA to draw down
assistance. modernization funds. The ACC amendment
Other Modernization (modernization shall require low-income use of the housing
other than emergency). A type of for not less than 20 years from the date of
modernization program for a development the ACC amendment (subject to sale of
that includes one or more physical work homeownership units in accordance with the
items, where HUD determines that the terms of the ACC). The PHA Executive
physical improvements are necessary and Director, where authorized by the Board of
sufficient to extend substantially the useful Commissioners and permitted by State law,
life of the development, and/or one or more may sign the ACC amendment on behalf of
development specific or PHA-wide the PHA. HUD has the authority to
management work items (including planning condition an ACC amendment (e.g., to
costs), and/or lead-based paint activities. require a PHA to hire a modernization
Work item. Any separately identifiable coordinator or contract administrator to
unit of work constituting a part of a administer its modernization program).
modernization program. (d) Declaration of trust. As HUD may
[61 FR 8741, Mar. 5, 1996, as amended require, the PHA shall execute and file for
at 64 FR 50229, Sept. 15, 1999] record a Declaration of Trust, as {[[Page
516]]}
Sec. 968.210 Procedures for provided under the ACC, to protect the
obtaining approval of a rights and interests of HUD throughout the
20-year period during which the PHA is
modernization program.
obligated to operate its developments in
(a) HUD notification. After accordance with the ACC, the Act, and
modernization funds for a particular FFY HUD regulations and requirements.
[64 FR 33637, June 23, 1999] (b) In addition to the requirements of
paragraph (a) of this section, a PHA shall
Sec. 968.215 Resident and comply with the following requirements:
homebuyer participation. (1) A PHA is not required to obtain
prior HUD approval if, in order to complete
A PHA shall establish a Partnership
the originally approved modernization
Process, as defined in SEC. 968.105, to
program, the PHA needs to delete or revise
develop, implement and monitor the CIAP.
approved work items or add new related
Before submission of the CIAP application,
work items consistent with the original
a PHA shall consult with the residents, the
modernization program. In such case, a PHA
resident organization, or the resident
shall certify that the revisions are necessary
management corporation (see part 964,
to carry out the approved work and do not
subpart C of this chapter) (herein referred to
result in substantial changes to the
as the resident) of the development(s) being
competitively funded modernization
proposed for modernization, regarding its
program.
intent to submit an application and to solicit
(2) A PHA shall not incur any
resident comments. A PHA shall give
modernization cost on behalf of any
residents a reasonable opportunity to present
development that is not covered by the
their views on the proposed modernization
original CIAP application.
and alternatives to it and shall give full and
(3) Where there are funds leftover after
serious consideration to resident
completion of the originally approved
recommendations. A PHA shall respond in
modernization program, a PHA may,
writing to the residents, indicating its
without prior HUD approval, use the
acceptance or rejection of resident
remaining funds to carry out eligible
recommendations, consistent with HUD
modernization activities at developments
requirements and the PHA's own
covered by the original CIAP application.
determination of efficiency, economy, and
(4) If a PHA is both an overall high
need. After HUD approval of the
performer and a modernization high
modernization program, a PHA shall inform
performer under the Public Housing
the residents of the approved work items and
Management Assessment Program
its progress during implementation. Where
(PHMAP), the PHA is not required to obtain
HUD does not approve the modernization
prior HUD approval to change the method
program, a PHA shall so inform the
of accomplishment from contract to force
residents.
account labor.
Sec. 968.225 Budget revisions. Sec. 968.230 Progress reports.
(a) A PHA shall not incur any
For each six-month period ending
modernization cost in excess of the total
March 31 and September 30, until
HUD-approved CIAP budget. A PHA shall
completion of the modernization program or
submit a budget revision, in a form
expenditure of all funds, a PHA shall submit
prescribed by HUD, if the PHA plans to
to HUD a progress report, in a form
deviate from the originally approved
prescribed by HUD. Where HUD
modernization program, as it was
determines that a PHA is having
competitively funded, by deleting or
implementation problems, HUD may require
substantially revising approved work items
more frequent reporting.
or adding new work items that are unrelated
to the originally approved modernization
program, or to change the method of
Sec. 968.235 Time extensions.
accomplishment from contract to force A PHA shall not obligate or expend
account labor, except as provided in funds after the obligation or expenditure
paragraph (b)(4) of this section. deadline date approved by HUD in the

original implementation schedule without a Subpart C_Comprehensive
time extension, as follows:
(a) Certification. A PHA may extend an
Grant Program (for PHAs
obligation or expenditure deadline {[[Page That Own or Operate 250 or
517]]} More Public Housing Units)
date no later than 30 calendar days after Source: 57 FR 5575, Feb. 14, 1992,
the existing deadline date, without prior unless otherwise noted.
HUD approval, for a period commensurate
with the delay, where the PHA certifies that
the delay is due to reasons outside of the
PHA's control, such as: In addition to the definitions in SEC.
(1) Need to use leftover funds from a 968.105, the following definitions apply to
completed modernization program for this subpart:
additional work; Action plan. A plan of the actions to be
(2) Unforeseen delays in contracting or funded by a PHA over a period of five years
contract administration; (including a PHA's proposed allocation of
(3) Litigation; and its modernization funds to a reserve
(4) Delay by HUD or other institutions. established under SEC. 968.112(f)) to make
Delay by the PHA's staff or Board of the necessary physical and management
Commissioners or a change in the Executive improvements identified in the PHA's
Director is not considered to be outside of comprehensive plan. The plan shall be based
the PHA's control. upon HUD's and the PHA's best estimates of
(b) Prior HUD approval. Where a PHA the funding reasonably expected to become
is unable to meet an obligation or available under the next five-year period.
expenditure deadline date and the delay is The action plan is updated annually to
due to reasons within the PHA's control, the reflect a rolling five-year base. (See SEC.
PHA may request HUD approval of a time 968.315(e)(5).)
extension no later than 30 calendar days Annual Statement. A work statement
after the deadline date, to avoid recapture of covering the first year of the Five-Year
funds. The request shall include an Action Plan and setting forth the major work
explanation of the delay, steps take to categories and costs by development or
prevent future delay, and the requested PHA-wide for the current FFY grant, as well
extension. as a summary of costs by development
account and implementation schedules for
Sec. 968.240 HUD review of obligation and expenditure of the funds.
Annual Submission. A collective term
PHA performance. for all documents which the PHA must
HUD shall periodically review PHA submit to HUD for review and approval
performance in carrying out its approved before accessing the current FFY grant
modernization program to determine funds. Such documents include the Annual
compliance with HUD requirements, the Statement, Work Statements for years two
adequacy of a PHA's inspections as through five of the Five-Year Action Plan,
evidenced by the quality of work, and the local government statement, PHA Board
timeliness of the work. HUD's review may Resolution, materials demonstrating the
be conducted either in-office or on-site. partnership process and any other
Where conducted in-office, a PHA shall documents as prescribed by HUD.
forward any requested documents to HUD Chief executive officer (CEO). The
for post-review. Where deficiencies are CEO of a unit of general local government
noted, a PHA shall take such corrective means the elected official or the legally
actions as HUD may direct. designated official, who has the primary
responsibility for the conduct of that entity's
governmental affairs. Examples of the CEO lasting improvements in the PHA's
of a unit of general local government are: management of its PHA-owned units. A
the elected mayor of a municipality; the MOA is required for each PHA designated
elected county executive of a county; the as troubled or mod troubled.
chairperson of a county commission or Resident groups. Democratically
board in a county that has no elected county elected resident groups such as PHA-
executive; or the official designated wide resident groups, area-wide
pursuant to law by the governing body of a resident groups, single development resident
unit of general local government (e.g., city groups, or RMCs.
manager). Substantial rehabilitation. A
Comprehensive plan. A plan prepared modernization program for a development
by a PHA and approved by HUD setting which provides for all physical and
{[[Page 518]]} management improvements needed to meet
forth all of the physical and the modernization and energy conservation
management improvement needs of the standards and to ensure its long-term
PHA and its public housing developments, physical and social viability.
indicating the relative urgency of needs and Work Statements. Work Statements
which includes the PHA's action plan, cost cover the second through the fifth years of
estimates, and required local government the Five-Year Action Plan and set forth the
and PHA certifications. The comprehensive major work categories and costs by
plan may be revised, as necessary, but must development or PHA-wide which the PHA
be revised at least every sixth year. (See intends to undertake in each year of years
SEC. 968.315(e).) two through five. In preparing these Work
Emergency work. Physical work items Statements, the PHA shall assume that the
of an emergency nature, posing an current FFY formula amount will be
immediate threat to the health or safety of available in each year of years two through
residents, which must be completed within five.
one year of CGP funding. Management [57 FR 5575, Feb. 14, 1992, as
improvements are not eligible as emergency amended at 58 FR 13931, Mar. 15, 1993; 59
work and, therefore, must be covered by the FR 44837, Aug. 30, 1994; 61 FR 8744, Mar.
comprehensive plan (including the action 5, 1996]
plan) before the PHA may carry them out.
Fungibility. Fungibility is a concept Sec. 968.310 Determination of
which permits a PHA to substitute any work formula amount.
item from the latest approved Five-Year
(a) Submission of formula
Action Plan to any previously approved
characteristics report--(1) Formula
CIAP budget or CGP Annual Statement and
characteristics report. In its first year of
to move work items among approved
participation in the CGP, each PHA shall
budgets without prior HUD approval.
verify and provide data to HUD, in a form
Improvement plan. A document
and at a time to be prescribed by HUD,
developed by the PHA and approved by
concerning PHA and development
HUD specifying the actions to be taken,
characteristics so that HUD can develop the
including timetables, to correct deficiencies
PHA's annual funding allocation in
identified as a result of an assessment, either
accordance with SEC. 968.103 (e) and (f). If
under PHMAP or pursuant to HUD
a PHA fails to submit to HUD the formula
monitoring or audit findings.
characteristics report by the prescribed
Memorandum of Agreement (MOA). A
deadline, HUD will use the data which it has
binding contractual agreement between
available concerning PHA and development
HUD and a troubled PHA, or a mod
characteristics for purposes of calculating
troubled PHA, which is designed to bring
the PHA's formula share. After its first year
about significant, expeditious and long-

of participation in the CGP, a PHA is not appeals in a particular FFY under this
required to submit formula characteristics paragraph shall be made from subsequent
data to HUD, but is required to respond to years' allocation of funds under this part;
data transmitted by HUD if there have been (3) Appeal based upon error. A PHA
changes to its inventory from that previously may appeal in writing HUD's determination
reported, or where requested by HUD. On of its formula amount within 60 calendar
an annual basis, HUD will transmit to the days of the date of HUD's determination on
PHA, the formula characteristics report the basis of an error. The PHA may appeal
which reflects the data that will be used to on the basis of error the correctness of data
determine the PHA's formula share. The in the formula characteristics report. The
PHA will have at least 30 calendar days to PHA must describe the nature of the error,
review and advise HUD of errors in this and provide any necessary supporting
HUD report. Necessary adjustments will be documentation. HUD shall respond to the
made to the PHA's data before the formula PHA's request within 60 calendar days of
is run for the current FFY. the date of its receipt of the PHA's request
(2) PHA Board Resolution. The PHA for an appeal. Any adjustment resulting
must include with its formula characteristics from successful appeals in a particular FFY
report under paragraph (a)(1) of this section, under this paragraph shall be made from
a resolution adopted by the PHA Board of subsequent years' allocation of funds under
Commissioners approving the report, and this part;
certifying that {[[Page 519]]} (c) Reduced formula allocation for
the data contained in the formula PHAs designated as mod troubled under
characteristics report are accurate. PHMAP--(1) Notification. After a PHA is
(b) HUD notification of formula designated as a mod troubled agency under
amount; appeal rights--(1) Formula amounts PHMAP (24 CFR part 901), HUD shall
notification. After HUD determines a PHA's inform the PHA that its funding may be
formula allocation under SEC. 968.103 (e) limited under this subpart because of its
and (f) based upon the PHA, development, designation as a mod troubled PHA. HUD
and community characteristics, it shall shall also provide the PHA with information
notify the PHA of its formula amount and concerning the PHA's funding levels for
provide instructions on the Annual CGP, CIAP and MROP for each of the
Submission in accordance with SEC. Sec. preceding three FFYs for purposes of
968.315 and 968.325; determining the PHA's reduced formula
(2) Appeal based upon unique allocation, in accordance with paragraph
circumstances. A PHA may appeal in (c)(2)(ii) of this section. In addition, HUD
writing HUD's determination of its formula will provide the PHA with information on
amount within 60 calendar days of the date its full formula allocation under SEC.
of HUD's determination on the basis of 968.103 (e) and (f), and the amount which
`ùnique circumstances.'' The PHA must represents 25 percent of the difference
indicate what is unique, and specify the between the average amounts provided to
manner in which it is different from all other the PHA in each of the preceding three
PHAs participating in the CGP, and provide FFYs and its full formula allocation.
any necessary supporting documentation. (2) Calculation of funding for mod
HUD shall render a written decision on an troubled PHAs. HUD shall calculate the
PHA's appeal under this paragraph within 60 funding level for mod troubled PHAs in
calendar days of the date of its receipt of the accordance with paragraph (c)(1) of this
PHA's request for an appeal. HUD shall section in the following manner:
publish in the Federal Register a description (i) The average of the amount that the
of the facts supporting any successful mod troubled PHA received for
appeals based upon `ùnique circumstances.'' modernization activities under this part, and
Any adjustments resulting from successful for Major Reconstruction of Obsolete
Projects (MROP), for each of the preceding the difference between that figure and its
three FFYs, which average shall be adjusted full formula amount.
to take into account changes in the cost of (5) Reallocation of funds withheld from
rehabilitating property based upon the mod troubled PHAs. Any amounts which
Means Construction Cost Index; plus are not provided to a PHA under paragraph
(ii) Twenty five percent of the (c)(1) of this section because the PHA is
difference between the amount determined designated as a mod troubled agency under
under paragraph (c)(1)(i) of this section, and PHMAP, shall be reallocated by HUD to
the amount that would have been allocated other PHAs under this subpart which are not
to the PHA for the FFY if it were not designated as either troubled or mod
designated as a mod troubled PHA. troubled agencies under PHMAP, and to
(3) Right of appeal. The notice under IHAs under 24 CFR part 950 (subpart I)
paragraph (c)(1) of this section shall also which are not determined to be high risk
specify that a PHA may petition HUD under SEC. 950.135 of this chapter, the
within 30 calendar days of its receipt of ACA, and the Field Office Monitoring of
HUD's notice to increase the amount of its IHAs Handbook. Such funds shall be
fund allocation. HUD shall determine reallocated in the next FFY based upon the
whether to increase the amount of assistance relative needs of these PHAs and IHAs, as
to be provided a PHA under this paragraph determined under the formula.
based upon the PHA's demonstrated (6) Credits for PHAs designated as mod
progress in meeting goals and targets set troubled--(i) Accrual of credits. A PHA that
forth in the PHA's Memorandum of has received a reduced formula allocation
Agreement (MOA) under PHMAP, and under paragraph (c)(1) of this section
toward achieving satisfactory performance because it was designated as a mod troubled
under the mod troubled indicator/ agency under PHMAP may accrue credits
standard under PHMAP. In its appeal under this paragraph, for up to three
request, a PHA must specify how it is consecutive FFYs, representing the
{[[Page 520]]} difference between:
achieving or making progress toward (A) The amount the PHA would have
achieving the goals and objectives set forth been allocated for the FFY under SEC.
in the MOA. The request must be submitted 968.103(e) and (f) if it were not designated
to HUD within 30 calendar days of the date as a mod troubled PHA under PHMAP; and
of HUD's notice under this paragraph. HUD (B) The reduced funding amount
shall render a decision in writing on the actually provided to the PHA under
PHA's request within 60 calendar days of paragraph (c)(2) of this section because it
the date of its receipt of the PHA's appeal was designated as a mod troubled PHA
and any supporting documentation. under PHMAP.
(4) Maximum allowable allocation to (ii) Failure to remove mod troubled
mod troubled PHAs. The maximum amount designation. After a three-year period during
that HUD may provide to a PHA under this which the mod troubled PHA has accrued
paragraph is the amount that would have credits under paragraph (c)(6)(i) of this
been allocated to the PHA for the FFY if it section, the credits accrued by the PHA shall
had not been designated as a mod troubled be:
PHA under PHMAP. Where the full formula (A) Decreased by 10 percent of the
allocation is less than the average of funding total accumulated credits if the PHA's
received by the PHA for modernization and designation as a mod troubled agency under
MROP for each of the preceding three PHMAP is not removed before the end of
FFYs, the PHA will receive its full formula the first FFY following the three-year
amount, and not its average funding level for accrual period;
the preceding three FFYs, plus 25 percent of (B) Decreased by an additional 20
percent of the original total accumulated

credits if the PHA's designation as a mod rate at which the PHA shall be provided
troubled agency under PHMAP is not access to its credits under this section. As a
removed before the end of the second FFY general guideline, HUD intends to provide a
following the three-year accrual period; PHA with 10% of its accrued credits in the
(C) Decreased by an additional 30 first year; an additional 20% of its accrued
percent of the original total accumulated credits in the second year; an additional 30%
credits if the PHA's designation as a mod of its accrued credits in the third year; and
troubled agency under PHMAP is not the remaining 40% of its accrued credits in
removed before the end of the third FFY the fourth year;
following the three-year accrual period; and (2) In any FFY where formerly mod
(D) Eliminated if the PHA's troubled PHAs are entitled to credits
designation as a mod troubled agency under exceeding the five percent reserve, HUD
PHMAP is not removed before the end of shall apply a pro rata reduction for each
the fourth FFY following the three-year formerly mod troubled PHA for such FFY.
accrual period. A PHA shall remain entitled to receive its
(iii) Obtaining credits. HUD shall outstanding balance of credits, including any
reserve under SEC. 968.103(c) up to five credits not actually received because of such
percent of the total formula funds available pro rata reduction, in future FFYs,
for allocation in any FFY for the purpose of depending upon the availability of funds in
providing PHAs that were formerly the set-aside under SEC. 968.103(c).
designated as mod troubled PHAs under (Approved by the Office of
PHMAP with additional assistance after Management and Budget under control
HUD determines that a PHA is no longer a number 2577-0157)
mod troubled agency. HUD shall make the [57 FR 5575, Feb. 14, 1992, as
determination that a PHA is no longer a mod amended at 59 FR 44839, Aug. 30, 1994.
troubled agency based upon its achieving Redesignated and amended at 61 FR 8744,
satisfactory performance under the mod Mar. 5, 1996]
indicator/
standard that was initially used to Sec. 968.315 Comprehensive
designate the agency as mod troubled under Plan (including five-year action
PHMAP. The additional assistance shall be
plan).
provided to the formerly mod troubled PHA
in the FFY following the year in which the (a) Submission. As soon as possible
PHA is removed from the mod troubled list. after modernization funds first become
Such assistance shall be provided to available for allocation under this subpart,
{[[Page 521]]} HUD shall notify PHAs in writing of their
the PHA in addition to a PHA's regular formula amount. For planning purposes,
formula allocation under SEC. 968.103(e) PHAs may use the amount they received
and (f), and shall consist of: under CGP in the prior year in developing
(A) The total amount of credits their comprehensive plan, or they may wait
accumulated by the PHA under paragraph for the annual HUD notification of formula
(c)(6)(i) of this section; minus amount under SEC. 968.310(b)(1).
(B) Any reductions under paragraph (b)(1) Resident participation. A PHA is
(c)(6)(ii) of this section to the total required to develop, implement, monitor and
accumulated credits, based upon the length annually amend portions of its
of time that the PHA has taken to remove its comprehensive plan in consultation with
mod troubled designation; and residents of the developments covered by
(C)(1) Adjusted by HUD to take into the comprehensive plan. In addition, the
account the PHA's ability to expeditiously PHA shall consult with resident
expend the accrued credit amounts. HUD management corporations (RMCs) to the
shall consult with the PHA to determine the extent that an RMC manages a development
covered by the comprehensive plan. The determined by the PHA that ensures notice
PHA, in partnership with the residents, must to all duly elected resident councils.
develop and implement a process for (4) Advance meeting for residents. The
resident participation that ensures that PHA shall hold, within a reasonable amount
residents are involved in a meaningful way of time before the public hearing under
in all phases of the CGP. Such involvement paragraph (b)(5) of this section, a meeting
shall involve implementing the Partnership for residents and duly elected resident
Process as a critical element of the CGP. councils at which the PHA shall explain the
(2) Establishment of Partnership components of the comprehensive plan. The
Process. The PHA, in partnership with the meeting shall be open to all residents and
residents of the developments covered by duly elected resident councils.
the plan (and which may include resident (5) Public hearing. The PHA shall hold
leaders, resident councils, resident advisory at least one public hearing, and any
councils/boards, and RMCs) must establish appropriate number of additional hearings,
a Partnership Process to develop and to present information on the comprehensive
implement the goals, needs, strategies and plan/annual submission and the status of
priorities identified in the comprehensive prior approval programs. The public hearing
plan. After residents have organized to shall provide ample opportunity for
participate in the CGP, they may decide to residents, local government officials, and
establish a volunteer advisory group of other interested parties to express their
experts in various professions to assist them priorities and concerns. The PHA shall give
in the CGP Partnership Process. The full consideration to the comments and
Partnership Process shall be designed to concerns of residents, local government
achieve the following: officials, and other interested parties.
(i) To ensure that residents are fully (c) Local government participation. A
briefed and involved in developing the PHA shall consult with and provide
content of, and monitoring the information to appropriate local government
implementation of, the comprehensive plan officials with respect to the development of
including, but not limited to, the physical the comprehensive plan to ensure that there
and management needs assessments, is coordination between the actions taken
viability analysis, Five-Year Action Plan, under the consolidated plan (see 24 CFR
and Annual Statement. If necessary, the part 91) for project and neighborhood
PHA shall develop and implement capacity improvements where public housing units
building strategies to ensure meaningful are located or proposed for construction and/
resident participation in CGP. Such or modernization and improvement and
technical assistance efforts for residents are to coordinate meeting public and human
eligible management improvement costs service needs of the public and assisted
under CGP; housing projects and their residents. In the
(ii) To enable residents to participate, case of a PHA with developments in
on a PHA-wide or area-wide basis, in multiple jurisdictions, the PHA may meet
ongoing discussions of the comprehensive this requirement by consulting with an
plan and strategies for its implementation, advisory group representative of all the
and in all meetings necessary to ensure jurisdictions. At a minimum, such
meaningful participation. {[[Page 522]]} consultation must include providing such
(3) Public notice. Within a reasonable officials with:
amount of time before the advance meeting (1) Advance written notice of the
for residents under paragraph (b)(4) of this public hearing required under paragraph
section and the public hearing under (b)(5) of this section;
paragraph (b)(5) of this section, the PHA (2) A copy of the summary of total
shall provide public notice of the advance preliminary estimated costs to address
meeting and the public hearing in a manner physical needs by each development and

management/operations needs PHA-wide in the comprehensive plan that strengthen
and a specific description of the PHA's the consolidated plan. Each comprehensive
process for maximizing the level of plan shall contain the following elements:
participation by residents and a summary of (1) Executive summary. A PHA shall
the general issues raised on the plan by include as part of its comprehensive plan an
residents and others during the public executive summary to facilitate review and
comment process and the PHA's response to comprehension by development residents
the general issues. PHA records, such as and by the public. The executive summary
minutes of planning meetings or resident shall include the following:
surveys, shall be maintained in the PHA's (i) A summary of total preliminary
files and made available to residents, estimated costs to address physical needs by
resident organizations, and other interested each development and PHA-wide physical
parties upon request; and and management needs; and
(3) An opportunity to express their (ii) A specific description of the PHA's
priorities and concerns to ensure due process for maximizing the level of
consideration in the PHA's planning process; participation by residents during the
(d) Participation in coordinating development, implementation and
entities. To the extent that coordinating monitoring of the Comprehensive Plan, a
entities are set up to plan and implement the summary of the general issues raised on the
consolidated plans (under 24 CFR part 91), plan by residents and others during the
the PHA shall participate in these entities to public comment process and the PHA's
ensure coordination with broader response to the general issues. PHA records,
community development strategies. such as minutes of planning meetings or
(e) Contents of comprehensive plan. resident surveys, shall be maintained in the
The comprehensive plan shall identify all of PHA's files and made available to residents,
the physical and management improvements duly elected resident councils, and other
needed for a PHA and all of its interested parties, upon request;
developments, and that represent needs (2) Physical needs assessment--(i)
eligible for funding under SEC. 968.112. Requirements. The physical needs
The plan also shall include preliminary assessment identifies all of the work that a
estimates of the total cost of these PHA would need to undertake to bring each
improvements. The plan shall set forth of its developments up to the modernization
general strategies for addressing the and energy conservation standards, as
identified needs, and highlight any special required by the Act, to comply with the
strategies, such as major redesign or partial lead-
demolition of a development, that are based paint requirements in part 35,
necessary to ensure the long-term physical subparts A, B, L, and R of this title, and to
and social viability of the development. comply with other program requirements
Where long-term physical and social under SEC. 968.110. The physical needs
viability of the development is dependent assessment is completed without regard to
upon revitalization of the surrounding the availability of funds, and shall include
neighborhood in the provision of or the following:
coordination of public services, or the (A) A brief summary of the physical
consolidation or coordination of drug improvements necessary to bring each such
prevention and other human service development to a level at least equal to
initiatives, the PHA shall identify these applicable HUD standards with respect to
needs and strategies. In addition, the PHA modernization standards, energy
shall identify the funds or other resources in conservation and life-cycle cost effective
the consolidated {[[Page 523]]} performance standards, lead-based paint
plan that are to be used to help address testing and abatement standards. This
these needs and strategies and the activities summary must indicate the relative urgency
of need. If the PHA has no physical (1) The management, financial, and
improvement needs at a particular accounting control systems of the PHA;
development at the time it completes its (2) The adequacy and qualifications of
comprehensive plan, it must so indicate. personnel employed by the PHA in {[[Page
Similarly, if the PHA intends to demolish, 524]]}
partially demolish, convert, or dispose of a its management and operation, for each
development (or units within a significant category of employment;
development) it must so indicate in the (3) The adequacy and efficacy of:
summary of physical improvements; (i) Resident programs and services;
(B) The replacement needs of (ii) Resident and development security;
equipment systems and structural elements (iii) Resident selection and eviction;
that will be required to be met (assuming (iv) Occupancy;
routine and timely maintenance is (v) Maintenance;
performed) during the period covered by the (vi) Resident management and resident
action plan; capacity building programs;
(C) A preliminary estimate of the cost (vii) Resident opportunities for
to complete the physical work; employment and business development and
(D) Any physical disparities between other self-sufficiency opportunities for
buildings occupied predominantly by one residents; and
racial or ethnic group and, in such cases, the (viii) Homeownership opportunities for
physical improvements required to correct residents;
the conditions; and (B) Any additional deficiencies
(E) In addition, with respect to vacant identified through PHMAP, audits and HUD
or non-homebuyer occupied Turnkey III monitoring reviews that are not addressed
units, the estimated number of units that the under paragraph (e)(3)(i)(A) of this section.
PHA is proposing for substantial To the extent that any of these is addressed
rehabilitation and subsequent sale, in in a HUD-approved memorandum of
accordance with SEC. 968.112(d)(3). agreement or improvement plan, the PHA
(ii) Source of data. The PHA shall may include a cross-reference to these
identify in its needs assessment the sources documents;
from which it derived data to develop the (C) Any other management and
physical needs assessment under this operations needs that the PHA wants to
paragraph (e)(2) and shall retain such source address at the PHA-wide or development
documents in its files; level; and
(3) Management needs assessment--(i) (D) A PHA-wide preliminary cost
Requirements. The plan shall include a estimate for addressing all the needs
comprehensive assessment of the identified in the management needs
improvements needed to upgrade the assessment, without regard to the
management and operation of the PHA and availability of funds;
of each viable development so decent, safe, (ii) Sources of funds. The PHA shall
and sanitary living conditions will be identify in its needs assessment the sources
provided. The management needs from which it derived data to develop the
assessment shall include the following, with management needs assessment under this
the relative urgency of need indicated: paragraph (e)(3) and shall retain such source
(A) An identification of the most documents in its files;
current needs related to the following areas (4) Demonstration of long-term
(to the extent that any of these needs is physical and social viability. (i) General.
addressed in a HUD-approved memorandum The plan shall include, on a development-
of agreement or improvement plan, the PHA by-development basis, an analysis of
may simply include a cross-reference to whether completion of the improvements
these documents): and replacements identified under

paragraphs (e)(2) and (e)(3) of this section improvements and replacements (or a
will reasonably ensure the long-term portion thereof) identified under paragraphs
physical and social viability, including (e)(2) and (e)(3) of this section. In
achieving structural/system soundness and developing its five-year action plan, the
full occupancy, of the development at a PHA shall assume that the current year
reasonable cost. For cost reasonableness, the funding or formula amount will be available
PHA shall determine whether the unfunded for each year of its five-year action plan,
hard costs satisfy the definition of whichever the PHA is using for planning
``reasonable cost.'' Where the PHA wishes purposes, plus the PHA's estimate of the
to fund a development, for other than funds that will be available from other
emergencies, where hard costs exceed that sources, such as state and local
reasonable cost, the PHA shall submit governments. All activities specified in a
written justification to the Field Office. If {[[Page 525]]}
the Field Office agrees with the PHA's PHA's five-year action plan are
request, the Field Office shall forward its contingent upon the availability of funds;
recommendation to Headquarters for final (ii) Requirements. Under the action
decision. Where the estimated per unit plan, a PHA must indicate how it intends to
unfunded hard cost is equal to or less than use the funds available to it under the CGP
the per unit TDC for the smallest bedroom to address, over a five-year period, the
size at the development, no further deficiencies (or a portion of the deficiencies)
computation of the TDC limit is required. identified in its physical and management
The PHA shall keep documentation in its needs assessments, as follows:
files to support all cost determinations. The (A) Physical condition. With respect to
Field Office will review cost reasonableness the physical condition of a PHA's
as part of its review of the annual developments, a PHA must indicate in its
submission and the performance and action plan how it intends to address, over a
evaluation report. As necessary, HUD will five-year period, the deficiencies (or a
review the PHA's documentation in support portion of the deficiencies) identified in its
of its cost reasonableness, taking into physical needs assessment so as to bring
account broader efforts to revitalize the each of its developments up to a level at
neighborhoods in which the development is least equal to the modernization and energy
located; conservation standards. This includes
(ii) Determination of non-viability. specifying the work to be undertaken by the
Where a PHA's analysis of a development PHA in major work categories (e.g.,
under paragraph (e) of this section kitchens, electrical systems, etc.);
establishes that completion of the identified establishing priorities among the major work
improvements and replacements will not categories by development and year, based
result in the long-term physical and social upon the relative urgency of need; and
viability of the development at a reasonable estimating the cost of each of the identified
cost, the PHA shall not expend CGP funds major work categories. In developing its
for the development, except for emergencies action plan, a PHA shall give priority to the
and essential non-routine maintenance following:
necessary to maintain habitability until (1) Activities required to correct
residents can be relocated. The PHA shall emergency conditions;
specify in its comprehensive plan the actions (2) Activities required to meet statutory
it proposes to take with respect to the non- or other legally mandated requirements (e.g.,
viable development (e.g., demolition or compliance with a court-ordered
disposition under 24 CFR part 970); desegregation plan or voluntary compliance
(5) Five-year action plan. (i) General. agreement);
The comprehensive plan shall include a (3) Activities required to meet the
rolling five-year action plan to carry out the needs identified in the Section 504 needs
assessment within the regulatory timeframe; cooperate in providing resident programs
and and services; and
(4) Activities required to complete (iii) The PHA's proposed drug
lead-based paint testing and abatement elimination activities are coordinated with,
requirements; and supportive of, local drug elimination
(B) Management and operations. A strategies and neighborhood improvement
PHA must address in its action plan the programs, if applicable; and
management and operations deficiencies (or (7) PHA resolution. The plan shall
a portion of the deficiencies) identified in its include a resolution, in a form prescribed by
management needs assessment, as follows: HUD, adopted by the PHA Board of
(1) With respect to the management Commissioners, and signed by the Board
and operations needs of the PHA, the PHA Chairman of the PHA, approving the
must identify how it intends to address with comprehensive plan or any amendments.
CGP funds, if necessary, the deficiencies (or (f) Amendments to the comprehensive
a portion thereof) identified in its plan--(1) Extension of time for performance.
management needs assessment, including A PHA shall have the right to amend its
work identified through PHMAP, audits, comprehensive plan (including the action
HUD monitoring reviews, and self- plan) to extend the time for performance
assessments. The action plan must indicate whenever HUD has not provided the amount
the relative urgency of need; of assistance set forth in the comprehensive
(2) A preliminary PHA-wide cost plan or has {[[Page 526]]}
estimate, by major work category. not provided the assistance in a timely
(iii) Procedure for maintaining current manner;
five-year action plan. The PHA shall (2) Amendments to needs assessments.
maintain a current five-year action plan by The PHA shall amend its plan by revising its
annually amending its five-year action plan, needs assessments whenever it proposes to
in conjunction with the annual submission; carry out activities in its five-year action
(6) Local government statement. The plan or annual statement that are not
comprehensive plan shall include a reflected in its current needs assessments
statement signed by the chief executive (except in the case of emergencies). The
officer of the unit of general local PHA may propose an amendment to its
government (or, in the case of a PHA with needs assessments, in connection with the
developments in multiple jurisdictions, from submission of its annual submission (see
the CEO of each such jurisdiction) certifying SEC. 968.325) or at any other time. These
to the following: amendments shall be reviewed by HUD in
(i) The PHA developed the accordance with SEC. 968.320.
comprehensive plan/five-year action plan or (3) Six-year revision of comprehensive
amendments thereto in consultation with plan. Every sixth year following the initial
officials of the appropriate governing body year of participation, the PHA shall submit
and with development residents covered by to HUD, with its annual submission, a
the comprehensive plan/five-year action complete update of its comprehensive plan.
plan, in accordance with the requirements of A PHA may elect to revise some or all parts
paragraphs (b) and (c) of this section; of the comprehensive plan more frequently.
(ii) The comprehensive plan/five-year (4) Annual revision of five-year action
action plan or amendments thereto are plan. Annually, the PHA shall submit to
consistent with the appropriate governing HUD, with its annual submission, an update
body's assessment of its low income housing of its five-
needs (as evidenced by its consolidated plan year action plan, eliminating the
under 24 CFR part 91, if applicable), and previous year and adding an additional year.
that the appropriate governing body will The PHA shall identify changes in work
categories (other than those included in the

new fifth year) from the previous year five- Sec. 968.320 HUD review and
year action plan when making this annual approval of comprehensive
submission.
(5) Required submissions. Any
plan (including five-year action
amendments to the comprehensive plan plan).
under this section must be submitted with (a) Submission of comprehensive plan.
the PHA resolution under SEC. (1) Upon receipt of a comprehensive plan
968.315(e)(7). from a PHA, HUD shall determine whether:
(g) Prerequisite for receiving (i) The plan contains each of the
assistance--(1) Prohibition of assistance. No required components specified at SEC.
financial assistance, except for emergency 968.315(e); and
work to be funded under SEC. Sec. (ii) Where applicable, the PHA has
968.103(b) and 968.112(a)(1)(ii), and for submitted any additional information or
modernization needs resulting from disasters assurances required as a result of HUD
under SEC. 968.103(b), may be made monitoring, findings of inadequate PHA
available under this subpart unless HUD has performance, audit findings, or civil rights
approved a comprehensive plan submitted compliance findings;
by the PHA that meets the requirements of (2) Acceptance for review. If the PHA
this section. A PHA that has failed to obtain has submitted a comprehensive plan
approval of its comprehensive plan by the (including the action plan) which meets the
end of the FFY shall have its formula criteria of paragraph (a)(1) of this section,
allocation for that year (less any formula HUD shall accept the comprehensive plan
amounts provided to the PHA for for review, within 14 calendar days of its
emergencies) added to the subsequent year's receipt in the field office. The PHA shall be
appropriation of funds for grants under this notified in writing that the comprehensive
part. HUD shall allocate such funds to PHAs plan has been accepted by HUD for review,
and IHAs participating in the CGP in and that the 75-day review period is
accordance with the formula under SEC. proceeding;
968.103(e) and (f) in the subsequent FFY. A (3) Time period for review. A
PHA that elects in any FFY not to comprehensive plan that is accepted by
participate in the CGP may participate in the HUD for review shall be considered to be
CGP in subsequent FFYs; approved unless HUD notifies the {[[Page
(2) Requests for emergency assistance. 527]]}
A PHA may receive funds from its formula PHA in writing, postmarked within 75
allocation to address emergency calendar days of the date of HUD's receipt
modernization needs where HUD has not of the comprehensive plan for review, that
approved a PHA's comprehensive plan. To HUD has disapproved the plan. HUD shall
request such assistance, a PHA shall submit not disapprove a comprehensive plan on the
to HUD a request for funds in such form as basis that it cannot complete its review
HUD may prescribe, including any within the 75-day deadline;
documentation necessary to support its (4) Rejection of comprehensive plan. If
claim that an emergency exists. HUD shall a PHA has submitted a comprehensive plan
review the request and supporting (including the action plan), which does not
documentation to determine if it meets the meet the requirements of paragraph (a)(1) of
definition of `èmergency work'' as set forth this section, HUD shall notify the PHA
in SEC. 968.305. within 14 calendar days of its receipt that
(Approved by the Office of HUD has rejected the plan for review. In
Management and Budget under control such case, HUD shall indicate the reasons
number 2577-0157) for rejection, the modifications required to
[61 FR 8744, Mar. 5, 1996, as amended qualify the comprehensive plan for HUD
at 64 FR 50229, Sept. 15, 1999]
review, and the deadline date for receipt of (iv) Inadequate demonstration of long-
any modifications. term viability at reasonable cost; and
(b) HUD approval of comprehensive (v) Contradiction of local government
plan (including action plan). (1) A certification or PHA resolution.
comprehensive plan (including the action (c) Effect of HUD approval of
plan) that is accepted by HUD for review in Comprehensive Plan. After HUD approves
accordance with paragraph (a) of this section the Comprehensive Plan (including the Five-
shall be considered to be approved, unless Year Action Plan), or any amendments to
HUD notifies the PHA in writing, the plan, it shall be binding upon HUD and
postmarked within 75 days of the date of the PHA, until such time as the PHA
HUD's receipt of the comprehensive plan for submits, and HUD approves, an amendment
review, that HUD has disapproved the plan, to its plan. The PHA is expected to
indicating the reasons for disapproval, and undertake the work set forth in the Annual
the modifications required to make the Statement. However, the PHA may
comprehensive plan approvable. The PHA undertake any of the work identified in any
must re-submit the comprehensive plan to of the other four years of the latest approved
HUD, in accordance with the deadline Five-Year Action Plan, current approved
established by HUD, which may allow up to Annual Statement or previously approved
75 calendar days before the end of the FFY CIAP budgets, without further HUD
for HUD review. If the revised plan is approval. Actual uses of the funds are to be
disapproved by HUD following its reflected in the PHA annual Performance
resubmission, or if the PHA fails to resubmit and Evaluation Report for each grant. See
by the deadline established by HUD, any SEC. 968.330. The PHA is encouraged to
funds that would have been allocated to the inform the residents of significant changes
PHA shall be added to the subsequent year's (such as changes in scope of work or
appropriation of funds for grants under this whenever it moves items within the
part. HUD shall allocate such funds to PHAs approved Five-Year Action Plan).
and IHAs participating in the CGP in Documentation of that information shall be
accordance with the formula under SEC. retained in PHA files. If HUD determines as
968.103(e) and (f). HUD shall not a result of an audit or monitoring findings
disapprove a comprehensive plan on the that a PHA has provided false or
basis that the Department cannot complete substantially inaccurate data in its
its review under this section within the 75- Comprehensive Plan/Annual Submission or
day deadline; has circumvented the intent of the program,
(2) HUD shall approve the HUD may condition the receipt of
Comprehensive Plan except where it makes assistance, in accordance with SEC.
a determination in accordance with one or 968.335. Moreover, in accordance with 18
more of the following: U.S.C. 1001, any individual or entity who
(i) Comprehensive Plan is incomplete knowingly and willingly makes or uses a
in significant matters; document or writing containing any false,
(ii) Identified needs are plainly fictitious or fraudulent statement or entry, in
inconsistent with facts and data; any matter within the jurisdiction of any
(A) Identified physical improvements {[[Page 528]]}
and replacements are inadequate; department or agency of the United
(B) Identified management States, shall be fined not more than $10,000
improvements are inadequate; or imprisoned for not more than five years,
(C) Proposed physical and management or both.
improvements fail to address identified (Approved by the Office of
needs; Management and Budget under control
(iii) Action plan is plainly inappropriate number 2577-0157)
to meeting identified needs;

[57 FR 5575, Feb. 14, 1992, as (c) Acceptance for review. (1) Upon
amended at 59 FR 44841, Aug. 30, 1994. receipt of an Annual Submission from a
Redesignated and amended at 61 FR 8747, PHA, HUD shall determine whether:
Mar. 5, 1996] (i) The Annual Submission contains
each of the required components; and
Sec. 968.325 Annual (ii) The PHA has submitted any
submission of activities and additional information or assurances
required as a result of HUD monitoring,
expenditures.
findings of inadequate PHA performance,
(a) General. The Annual Submission is audit findings, and civil rights compliance
a collective term for all documents which findings.
the PHA must submit to HUD for review (2) If the PHA has submitted a
and approval before accessing the current complete Annual Submission and all
FFY grant funds. Such documents include required information and assurances, HUD
the Annual Statement, Work Statements for will accept the submission for review, as of
years two through five of the Five-Year the date of receipt. If the PHA has not
Action Plan, local government statement, submitted all required material, HUD will
PHA Board Resolution, materials promptly notify the PHA that it has
demonstrating the partnership process and disapproved the submission, indicating the
any other documents as prescribed by HUD. reasons for disapproval, the modifications
For planning purposes, a PHA may use required to qualify the Annual Submission
either the amount of funding received in the for HUD review, and the date by which such
current year or the actual formula amount modifications must be received by HUD.
provided in HUD's notification under SEC. (d) Resident and local government
968.310(b)(1) in developing the Five-Year participation. A PHA is required to develop
Action Plan for presentation at the resident its Annual Submission, including any
meetings and public hearing. Work proposed amendments to its Comprehensive
Statements cover the second through the Plan as provided in SEC. 968.315 (b) and
fifth years of the Five-Year Action Plan and (c), in consultation with officials of the
set forth the major work categories and costs appropriate governing body (or, in the case
by development or PHA-wide which the of a PHA with developments in multiple
PHA intends to undertake in each year of jurisdictions, in consultation with the CEO
years two through five. In preparing these of each such jurisdiction or with an advisory
Work Statements, the PHA shall assume that group representative of all jurisdictions) and
the current FFY formula amount will be with residents and duly elected resident
available in each year of years two through councils of the developments covered by the
five, as discussed in SEC. 968.315(d)(5)(i). Comprehensive Plan, as follows:
The Work Statements for all five years will (1) Public notice. Within a reasonable
be at the same level of detail so that the amount of time before the advance meeting
PHA may interchange work items. A PHA for residents under paragraph (d)(2) of this
may budget up to 8% of its annual grant in a section, and the public hearing under
contingency account for cost overruns. paragraph (d)(3) of this section, the PHA
(b) Submission. After receiving HUD shall annually provide public notice of the
notification of the formula amount and advance meeting and the public hearing in a
estimating how much funding will be manner determined by the PHA and which
available from other sources, such as State ensures notice to all duly elected resident
and local governments, and determining its councils;
activities and costs based on the current FFY (2) Advance Meeting with residents.
formula amount, the PHA shall submit its The PHA shall at least annually hold a
Annual Submission. meeting open to all residents and duly
elected resident councils. The advance
meeting shall be held within a reasonable be added or deleted to adjust for the actual
amount of time before the public hearing formula amount and that any added work
under paragraph (d)(3) of this {[[Page categories/developments will come from the
529]]} Comprehensive Plan.
section. The PHA will provide (e) Contents of Annual Submission.
residents with information concerning the The Annual Statement for each year must
contents of the PHA's Five-Year Action include, for each development or on a PHA-
Plan (and any proposed amendments to the wide basis for management improvements
PHA's Comprehensive Plan to be submitted or certain physical improvements for which
with the Annual Submission) so that work is to be funded out of that year's grant:
residents can comment adequately at the (1) A list of development accounts with
public hearing on the contents of the Five- an identification of major work categories;
Year Action Plan and any proposed (2) The cost for each major work
amendments to the Comprehensive Plan. category, as well as a summary of cost by
(3) Public hearing. The PHA shall development account;
annually hold at least one public hearing, (3) The PHA-wide or development-
and any appropriate number of additional specific management improvements to be
hearings, to present information on the undertaken during the year;
Annual Submission and the status of prior (4) For each development and for any
approved programs. The public hearing shall management improvements not covered by a
provide ample opportunity for residents of HUD-approved memorandum of agreement
the developments covered by the or management improvement plan, a
Comprehensive Plan, officials of the schedule for the use of current year funds,
appropriate governing body, and other including target dates for the obligation and
interested parties, to express their priorities expenditure of the funds (see SEC.
and concerns. The PHA shall give full 968.125);
consideration to the comments and concerns (5) A summary description of the
of residents, local government officials, and actions to be taken with non-CGP funds to
other interested parties in developing its meet physical and management
Five-Year Action Plan, or any amendments improvement needs which have been
to its Comprehensive Plan. identified by a PHA in its needs
(4) Expedited scheduling. PHAs are assessments;
encouraged to hold the meeting with (6) Any documentation that HUD needs
residents and duly elected resident councils to assist it in carrying out its responsibilities
under paragraph (d)(2) of this section, and under the National Environmental Policy
the public hearing under paragraph (d)(3) of Act and other related authorities in
this section between July 1 (i.e., after the accordance with SEC. 968.110(c) and (d);
end of the program year--June 30) and (7) Other information, as specified by
September 30, using the formula amount for HUD and as approved by OMB under the
the current FFY. If a PHA elects to use such Paperwork Reduction Act; and
expedited scheduling, it must explain at the (8) A PHA resolution approving the
meeting with residents and duly elected Annual Submission or any amendments
resident councils and at the public hearing thereto, as set forth in SEC. 968.315(e)(7).
that the current FFY amount is not the actual (f) Additional submissions with Annual
grant amount for the subsequent year, but is Submission. A PHA shall submit with the
rather the amount used for planning Annual Submission any amendments to the
purposes. It must also explain that the Five- Comprehensive Plan, as set forth in SEC.
Year Action Plan will be adjusted when 968.315(f), and such additional information
HUD provides notification of the actual as may be prescribed by HUD. HUD shall
formula amount, and explain which major review any proposed amendments to the
work categories at which developments may

Comprehensive Plan in accordance with Failure to obligate formula funds. If the
review standards under SEC. 968.320(b). PHA fails to obligate formula funds within
(g) HUD review and approval of the approved or extended time period, the
Annual Submission--(1) General. An PHA may be subject to an alternative
Annual Submission accepted in accordance management strategy which may involve
with paragraph (a) of this section shall be third-party oversight or administration of the
considered to be approved, unless HUD modernization function. HUD would only
notifies the PHA in writing, postmarked require such action after a corrective action
within 75 calendar days of the date that order had been issued under SEC. 968.335
HUD receives the Annual {[[Page 530]]} and the PHA failed to comply with the
Submission for review under paragraph order. HUD could then require an alternative
(c) of this section, that HUD has management strategy in a corrective action
disapproved the Annual Submission, order. A PHA may appeal in writing the
indicating the reasons for disapproval, the corrective action order requiring an
modifications required to make the Annual alternative management strategy within 30
Submission approvable, and the date by calendar days of that order. HUD
which such modifications must be received Headquarters shall render a written decision
by HUD. HUD may request additional on a PHA's appeal within 30 calendar days
information (e.g., for eligibility of the date of its receipt of the PHA's appeal.
determinations) to facilitate review and (2) Extension of time for performance.
approval of the Annual Submission during A PHA may extend the target dates for fund
the 75-day review period. HUD shall not obligation and expenditure in the approved
disapprove an Annual Submission on the Annual Statement whenever any delay
basis that the Department cannot complete outside the PHA's control occurs, as
its review under this section within the 75- specified by HUD, and the extension is
day deadline; made in a timely manner. Such revision is
(2) Bases for disapproval for Annual subject to HUD review under SEC.
Submission. HUD shall approve the Annual 968.345(a)(2) as to the PHA's continuing
Submission, except where: capacity. HUD shall not review as to a
(i) Plainly inconsistent with PHA's continuing capacity any revisions to a
Comprehensive Plan. HUD determines that PHA's Comprehensive Plan and related
the activities and expenditures proposed in statements where the basis for the revision is
the Annual Submission are plainly that HUD has not provided the amount of
inconsistent with the PHA's approved assistance set forth in the Annual
Comprehensive Plan; Submission, or has not provided such
(ii) Contradiction of PHA resolution. assistance in a timely manner.
HUD has evidence which tends to challenge, (j) ACC Amendment. After HUD
in a substantial manner, the certifications approval of each year's Annual Submission,
contained in the board resolution, as HUD and the PHA shall enter into an ACC
required by SEC. 968.315(e)(7). amendment in order for the PHA to draw
(h) Amendments to Annual Statement. down modernization funds. The ACC
The PHA shall advise HUD of all changes to amendment shall require low-income use of
the PHA's approved Annual Statement in its housing for not less than 20 years from the
Performance and Evaluation Report date of the ACC amendment (subject to sale
submitted under SEC. 968.330. The PHA of homeownership units in accordance with
shall submit to HUD for prior approval any the terms of the ACC).
additional work categories (except for (k) Declaration of trust. As HUD may
emergency work) which are not within the require, the PHA shall execute and file for
PHA's approved Five-Year Action Plan. record a Declaration of Trust as provided
(i) Failure to obligate formula funds under the ACC to protect the rights and
and extension of time for performance--(1) interests of HUD throughout the 20-year
period during which the PHA is obligated to subpart in a timely manner and in
operate its developments in accordance with accordance with its comprehensive plan.
the ACC, the Act, and HUD regulations and (2) Continuing capacity. HUD will
requirements. determine whether the PHA has a continuing
(Approved by the Office of capacity to carry out its comprehensive plan
Management and Budget under control in a timely manner. After the first full
number 2577-0157) operational year of CGP, CIAP experience
[57 FR 5575, Feb. 14, 1992, as will not be taken into consideration except
amended at 59 FR 44841, Aug. 30, 1994. where the PHA has not yet had comparable
Redesignated and amended at 61 FR 8748, experience under the CGP.
Mar. 5, 1996] (3) Reasonable progress. HUD shall
determine whether the PHA has satisfied, or
Sec. 968.330 PHA performance has made reasonable progress towards
and evaluation report. satisfying, the following performance
standards:
For any FFY in which a PHA has
(i) Conformity with its comprehensive
received assistance under this subpart, the
plan, including its annual statement and
PHA shall submit a Performance and
latest HUD-approved five-year action plan,
Evaluation Report, in a form and {[[Page
and other statutory and regulatory
531]]}
requirements;
at a time to be prescribed by HUD,
(ii) Continuing capacity to carry out its
describing its use of assistance in
comprehensive plan in a timely manner and
accordance with the approved Annual
expend the annual grant funds; and
Statement. The PHA shall make reasonable
(iii) Reasonable progress toward
efforts to notify residents and officials of the
bringing all of its developments to the
appropriate governing body of the
modernization and energy conservation
availability of the draft report, make copies
standards and toward implementing the
available to residents in the development
work specified in the annual statement or
office, and provide residents with at least 30
five-year action plan designed to address
calendar days in which to comment on the
management deficiencies.
report.
(b) Notice of deficiency. Based on
(Approved by the Office of
HUD reviews of PHA performance and
Management and Budget under control
findings of any of the deficiencies in
number 2577-0157)
paragraph (d) of this section, HUD may
[57 FR 5575, Feb. 14, 1992, as
issue to the PHA a notice of deficiency
amended at 59 FR 44843, Aug. 30, 1994.
stating the specific program requirements
Redesignated and amended at 61 FR 8748,
which the PHA has violated and requesting
Mar. 5, 1996]
the PHA to take any of the actions in
paragraph (e) of this section.
Sec. 968.335 HUD review of (c) Corrective action order. (1) Based
PHA performance. on HUD reviews of PHA performance and
(a) HUD determination. At least findings of any of the deficiencies in
annually, HUD shall carry out such reviews paragraph (d) of this section, HUD may
of the performance of each PHA as may be issue to the PHA a corrective action order,
necessary or appropriate to make the whether or not a notice of deficiency has
determinations required by this paragraph, previously been issued in regard to the
taking into consideration all available specific deficiency on which the corrective
evidence. action order is based. HUD may order
(1) Conformity with comprehensive corrective action at any time by notifying
plan. HUD will determine whether the PHA the PHA of the specific program
has carried out its activities under this requirements which the PHA has violated,

and specifying that any of the corrective reasonably believes require corrective
actions listed in paragraph (e) of this section action; or
must be taken. HUD shall design corrective (6) The PHA has failed to repay HUD
action to prevent a continuation of the for amounts awarded under the CGP
deficiency, mitigate any adverse effects of program that were improperly expended.
the deficiency to the extent possible, or (e) Types of corrective action. HUD
prevent a recurrence of the same or similar may direct a PHA to take one or more of the
deficiencies; following corrective actions:
(2) Before ordering corrective action, (1) Submit additional information:
HUD will notify the PHA and give it an (i) Concerning the PHA's
opportunity to consult with HUD regarding administrative, planning, budgeting,
the proposed action; accounting, management, and evaluation
(3) Any corrective action ordered by functions, to determine the cause for a PHA
HUD shall become a condition of the grant not meeting the standards in paragraph
agreement; (a)(1), (a)(2), or (a)(3) of this section;
(4) If HUD orders corrective action by (ii) Explaining any steps the PHA is
a PHA in accordance with this section, the taking to correct the deficiencies;
PHA's Board of Commissioners must notify (iii) Documenting that PHA activities
affected residents of HUD's determination, were not inconsistent with the PHA's annual
the bases for the determination, the statement or other applicable laws,
conditioning requirements imposed under regulations, or program requirements; and
this paragraph, and the consequences to the (iv) Demonstrating that the PHA has a
PHA if it fails to comply with HUD's continuing capacity to carry out the
requirements. comprehensive plan in a timely manner;
(d) Basis for corrective action. HUD (2) Submit detailed schedules for
may order a PHA to take corrective action completing the work identified in its Annual
only if HUD determines: Statements and report periodically on its
(1) The PHA has not submitted a progress on meeting the schedules;
performance and evaluation report, in (3) Notwithstanding 24 CFR 85.36(g),
accordance with SEC. 968.330; submit to HUD the following documents for
(2) The PHA has not carried out its prior approval, which may include, but are
activities under the CGP program in a timely not limited to:
manner and in accordance with {[[Page (i) Proposed agreement with the
532]]} architect/engineer (prior to execution);
its comprehensive plan or HUD (ii) Complete construction and bid
requirements, as determined in paragraph documents (prior to soliciting bids);
(a)(1) of this section; (iii) Proposed award of contracts,
(3) The PHA does not have a including construction and equipment
continuing capacity to carry out its contracts and management contracts; or
comprehensive plan in a timely manner or in (iv) Proposed contract modifications
accordance with its comprehensive plan or prior to issuance, including modifications to
HUD requirements, as determined in construction and equipment contracts, and
paragraph (a)(2) of this section; management contracts;
(4) The PHA has not satisfied, or has (4) Submit additional material in
not made reasonable progress towards support of one or more of the statements,
satisfying, the performance standards resolutions, and certifications submitted as
specified in paragraph (a)(3) of this section; part of the PHA's Comprehensive Plan,
(5) An audit conducted in accordance Five-Year Action Plan, or Performance and
with 24 CFR part 44, or pursuant to other Evaluation Report;
HUD reviews (including monitoring (5) Not incur financial obligations, or to
findings) reveals deficiencies that HUD suspend payments for one or more activities;
(6) Reimburse, from non-HUD sources, affected residents of HUD's final
one or more program accounts for any determination to withhold funds, declare a
amounts improperly expended; breach of the ACC grant amendment, or
(7) Submit to an alternative reallocate funds, as well as the basis for, and
management strategy which may involve the consequences resulting from, such a
third-party oversight or administration of the determination.
modernization function; and (j) Recapture. In addition, HUD may
(8) Take such other corrective actions recapture for good cause any grant amounts
HUD determines appropriate to correct PHA previously provided to an PHA, based upon
deficiencies. a determination that the PHA has failed to
(f) Failure to take corrective action. In comply with the requirements of the CGP
cases where HUD has ordered corrective program. Before recapturing any grant
action and the PHA has failed to take the amounts, HUD will notify the PHA and give
required actions within a reasonable time, as it an opportunity to appeal in accordance
specified by HUD, HUD may take one or with paragraph (h) of this section. Any
more of the following steps; reallocation of recaptured amounts will be
(1) Withhold some or all of the PHA's reallocated in accordance with paragraph (g)
grant; of this section. The PHA's board of
(2) Declare a breach of the ACC grant Commissioners must notify affected
amendment with respect to some or all of residents of HUD's final determination to
the PHA's functions; or recapture any funds.
(3) Any other sanction authorized by (k) Cumulative remedies. The authority
law or regulation. to condition, withhold, reallocate or
(g) Reallocation of funds that have recapture a PHA's grant, as provided in this
been withheld. Where HUD has withheld for section, is in addition to the authority
a prescribed period of time some or all of a contained in SEC. 968.310(c) to reduce a
PHA's annual grant, HUD may reallocate PHA's formula allocation based upon its
such amounts to other PHAs/IHAs under the designation as a mod troubled PHA.
CGP program, subject to approval in (Approved by the Office of
appropriations acts. The reallocation shall be Management and Budget under control
made to IHAs which HUD has determined number 2577-0157)
to be administratively capable under SEC. [57 FR 5575, Feb. 14, 1992, as
950.135, and to PHAs under the CGP amended at 59 FR 44843, Aug. 30, 1994.
program which are not designated as either Redesignated and amended at 61 FR 8748,
troubled or mod troubled under the PHMAP Mar. 5, 1996; 62 FR 27126, May 16, 1997]
at 24 CFR part 901, based upon the relative
needs of these IHAs and PHAs, as Subpart D_Vacancy
determined under the formula at SEC.
968.103(e) and (f). {[[Page 533]]}
Reduction Program
(h) Right to appeal. Before withholding Source: 59 FR 30478, June 13, 1994,
some or all of the PHA's annual grant, unless otherwise noted.
declaring a breach of the ACC grant
amendment, or reallocating funds that have Sec. 968.416 Fund requisitions.
been withheld, HUD will notify the PHA To request funds against the total
and give it an opportunity, within a approved vacancy reduction program
prescribed period of time, to present to the budget, a PHA must submit a request to
Assistant Secretary for Public and Indian HUD in accordance with HUD
Housing any arguments or additional facts requirements.
and data concerning the proposed action.
(i) Notification of residents. The PHA's
Board of Commissioners must notify

Sec. 968.419 Grantee's requirements. In these reviews HUD will
oversight responsibilities. determine whether the PHA has:
(1) Carried out its vacancy reduction
Each grantee shall provide, by contract activities in a timely manner and in
or otherwise, adequate and competent accordance with its vacancy reduction plan;
supervisory and inspection personnel to (2) Completed, or made reasonable
assure work quality and progress during progress toward completing, the physical
modernization, whether work is performed items funded under the vacancy reduction
by contract or force account labor and with plan, and whether the work items being
or without the services of an architect/ carried out conform with the modernization
engineer. and energy standards in SEC. 968.115 of
this chapter;
Sec. 968.422 Progress reports (3) Implemented, or made reasonable
and completion schedule. progress toward implementing, the
(a) Reports required. Until completion management improvements funded under
of the activities funded under the vacancy the vacancy reduction program; and
reduction program, the grantee shall submit (4) Made reasonable progress in
to HUD, in a form and at a time prescribed meeting the goals established in its vacancy
by HUD, the following: reduction plan.
(1) A report on modernization fund (b) Notice of deficiency. If HUD finds
expenditures; any deficiency in a review of a grantee's
(2) A narrative report that includes an performance under this part, HUD may issue
accounting of the grantee's progress against to the grantee a notice of deficiency stating
the milestones established in its vacancy the specific program requirements that the
reduction plan. The report shall include the grantee has violated and requesting the
number of both funded and regular turn-over grantee to take corrective action.
units that have been made ready for (c) Corrective action order. (1)
occupancy; and Issuance. If HUD finds any of the
(3) Any additional information as HUD deficiencies listed in paragraph (c)(3) of this
may require. section in its review of the grantee's
(b) Completion schedule. HUD expects performance, HUD may issue to the grantee
that most work items funded under this a corrective action order, whether or not a
program will be completed within one year. notice of deficiency has previously been
Work items must be completed within two issued on the specific deficiency. The
years from the date of funding, or by some corrective action order shall notify the
other time as may be specified in the Notice grantee of the specific program requirements
of Funding Availability, unless prior that the grantee has violated and shall
approval is obtained from HUD. specify the corrective action.
(Approved by the Office of (2) Consultation with grantee. Before
Management and Budget under control ordering corrective action, HUD will give
number 2577-0181) the grantee an opportunity to consult with
HUD regarding the proposed action.
Sec. 968.425 HUD review of (3) Bases for corrective action. HUD
may order a grantee to take corrective action
grantee performance.
only if HUD determines:
(a) Performance reviews. HUD shall (i) The grantee has not submitted a
carry out such reviews of the performance of performance report as required by HUD;
each funded PHA as may be necessary or (ii) The grantee has not carried out
appropriate to determine {[[Page 534]]} activities under its vacancy reduction
compliance with the PHA's vacancy program in a timely manner and in
reduction plan and related HUD accordance with HUD requirements;
(iii) The grantee does not have take such corrective actions as HUD may
continuing capacity to carry out activities in direct.
its vacancy reduction plan; or (b) Audit. The audit shall follow the
(iv) An audit conducted in accordance guidelines prescribed in 24 CFR part 44,
with 24 CFR part 44, or pursuant to other Non-Federal Government Audit
HUD reviews, reveals deficiencies that Requirements.
HUD reasonably believes require corrective (Approved by the Office of
action. Management and Budget under control
(d) Nature of corrective action. (1) number 2577-0181) {[[Page 535]]}
HUD shall design corrective action to
prevent a continuation or recurrence of the Sec. 968.435 Other program
same or a similar deficiency or to mitigate to requirements.
the greatest extent feasible any adverse
In addition to the program requirements
effects of the deficiency.
applicable to this subpart under SEC.
(2) HUD may order a grantee to take
968.110, each PHA participating in the
the corrective action that HUD determines
vacancy reduction program under this
appropriate for carrying out the elements of
subpart shall:
the vacancy reduction plan. Corrective
(a) Certify that any modernization,
action may include, but is not limited to,
reconstruction, or rehabilitation activities
suspension of grantee's authority to incur
that are funded under this subpart will be
costs against the vacancy reduction funding
undertaken in accordance with
and reimbursement, from sources other than
modernization standards, as set forth in
HUD funds, of any amount spent
HUD Handbook 7485.2, as revised;
improperly.
(b) Certify that activities undertaken
(e) Failure to take corrective action. In
within vacant units will bring the affected
cases where HUD has ordered corrective
units into compliance with the Housing
action and the grantee has failed to take the
Quality Standards, as set forth in SEC.
required action within a reasonable time, as
982.401 of this title, except that SEC.
specified by HUD, HUD may take one or
982.401(j) of this title shall not apply; the
more of the following steps:
applicable lead-
(1) Withhold vacancy reduction funds
based paint requirements in part 35
from the grantee;
subparts A, B, L and R, of this title shall
(2) Declare a breach of the ACC by the
apply.
grantee; and
(c) Provide for resident involvement, in
(3) Any other sanctions authorized by
a manner to be determined by the Secretary,
law or regulation.
in the process of applying for any funding
available under this part.
Sec. 968.428 Program closeout. [59 FR 30478, June 13, 1994, as
(a) Requirements for grantees. Upon amended at 64 FR 50229, Sept. 15, 1999]
completion of the activities funded in
accordance with this part, the grantee shall
submit to HUD, and in a form prescribed by
HUD, the actual modernization cost
certificate for HUD's review, audit
verification, and approval. The grantee shall
immediately remit any excess funds
provided by HUD. If the audited
modernization cost certificate discloses
unauthorized expenditures, the grantee shall

Sec. 969.101 Purpose.

This part provides a basis for
maintaining the low-income nature of a
24 CFR 969 Pha-Owned public housing project after the completion
of debt service on the project, specifying
Projects - Continued methods for extending the effective period
Operation As Low-Income of those provisions of the Annual
Housing After Completion Contributions Contract (ACC) which relate
to project operation. Such an extension
Of Debt Service provides a contractual basis for the
[Code of Federal Regulations] continued operation of the project under the
[Title 24, Volume 4] Low-Income Public Housing Program,
[Revised as of April 1, 2004] including continued eligibility for Operating
From the U.S. Government Printing Subsidy.
[Page 535-537] Sec. 969.102 Applicability.
TITLE 24--HOUSING AND URBAN This part applies to any low-income
DEVELOPMENT public housing project that is owned by a
CHAPTER IX--OFFICE OF Public Housing Agency (PHA), including
ASSISTANT SECRETARY FOR PUBLIC any Turnkey III housing, and is subject to an
AND INDIAN HOUSING, DEPARTMENT ACC under section 5 of the United States
OF HOUSING AND URBAN Housing Act of 1937 (Act). This part does
DEVELOPMENT not apply to the Section 8 and Section 23
PART 969_PHA-OWNED Housing Assistance Payments Programs, the
PROJECTS_CONTINUED OPERATION Section 10(c) and Section 23 Leased
AS LOW-INCOME HOUSING AFTER Housing Programs, Lanham Act and Public
COMPLETION OF DEBT SERVICE Works projects that remain under
administration contracts, or Indian Housing
969.101 Purpose. projects.
969.102 Applicability. [56 FR 922, Jan. 9, 1991]
969.103 Definitions.
969.104 Continuing eligibility for
operating subsidy.
969.105 Extension of ACC upon (a) `ÀCC expiration date'' means the
payment of operating subsidy. last day of the term during which a
969.106 ACC extension in absence of particular public housing project is subject
current operating subsidy. to all or any of the provisions of the ACC.
969.107 HUD approval of demolition The ACC term for a particular project
or disposition before ACC expiration. expires at the latest of:
(1) The end of the ``Debt Service
Authority: United States Housing Act Completion Date,'' which is the last day of a
of 1937 (42 U.S.C. 1437, et seq.); SEC. one-year period beginning with, and
7(d), Department of Housing and Urban inclusive of, the last debt service Annual
Development Act (42 U.S.C. 3535(d)). Contribution Date for the project, as
Source: 45 FR 52372, Aug. 7, 1980, determined under the ACC (e.g., if the last
unless otherwise noted. Redesignated at 49 debt service Annual Contribution Date is
FR 6714, Feb. 23, 1984. June 15, 1983, the one-year period continues
through the end of the day on June 14, 1984,
which is the Debt Service Completion Date);
or
Completion Of Debt Service
(2) The end of the date of full amendment shall provide that the ACC
repayment of any indebtedness of the PHA provisions related to project operation shall
to the Federal government in connection continue in effect with respect to each
with the project; or project under the ACC for a period of 10
(3) The end of the last date of an years after the end of the last PHA fiscal
extension of the term of the ACC provisions year for which Operating Subsidy is paid
related to project operation, as effected with respect to the project.
under SEC. 969.105 or SEC. 969.106. (b) Consolidated ACC. Where a single
{[[Page 536]]} ACC covers more than one project
(b) `Òperating subsidy'' means (Consolidated ACC), each annual Operating
additional annual contributions for Subsidy payable under that ACC is a lump-
operations under section 9 of the Act. sum amount, which is not divided into
discrete amounts for the individual projects
Sec. 969.104 Continuing which are subject to the Consolidated ACC
(see 24 CFR part 990). Accordingly, if a
eligibility for operating PHA, before submitting a request for
subsidy. Operating Subsidy pursuant to paragraph (a)
Until and after the Debt Service of this section, determines that any
Completion Date for any project, HUD shall project(s) under the Consolidated ACC will
pay Operating Subsidy with respect to such not require Operating Subsidy and should
project only in accordance with an ACC not be subject to the provisions of paragraph
amendment providing for extension of the (a), of this section the PHA shall accompany
term of the ACC provisions related to its request with a resolution certifying that
project operation, pursuant to SEC. 969.105 no Operating Subsidy shall be utilized with
or SEC. 969.106. The ACC amendment respect to such project(s) after the effective
shall be in the form prescribed by HUD and date of this rule and that all financial records
shall specify the particular provisions of the and accounts shall be kept separately for
ACC which relate to continued project such project(s). In such case, the removal of
operation and, therefore, remain in effect for the project(s) from the request for Operating
the extended ACC term. These provisions Subsidy shall be reflected by the exclusion
shall include a requirement that the PHA of that number of unit months available for
execute and file for public record an the project(s) when making the calculations,
appropriate document evidencing the PHA's under 24 CFR part 990, for determination of
covenant not to convey, encumber or make the total amount of Operating Subsidy
any other disposition of the project before payable under the Consolidated ACC. In any
the end of the project's ACC Expiration event, no Operating Subsidy payable under a
Date, without HUD approval. Consolidated ACC or otherwise shall be
used to pay, directly or indirectly, any costs
Sec. 969.105 Extension of attributable to a project which is ineligible
or otherwise excluded from Operating
ACC upon payment of Subsidy under SEC. 969.104. Even if no
operating subsidy. Operating Subsidy is received with respect
(a) ACC amendment. As a condition to a project, the PHA remains obligated to
for the first HUD approval for payment of maintain and operate the project in
Operating Subsidy with respect to the accordance with the provisions of the ACC
projects under a particular ACC for a PHA related to project operation so long as those
fiscal year beginning after the effective date ACC provisions remain in effect.
of this part, the PHA and HUD shall enter
into an amendment to the ACC for all
projects under the ACC. This ACC

Sec. 969.106 ACC extension project pursuant to HUD approval in

accordance with 24 CFR part 970. Subject to
in absence of current the requirements of 24 CFR part 970, HUD
operating subsidy. may authorize a PHA to demolish or dispose
Where Operating Subsidy under an of public housing at any time before the
ACC is not approved for payment during a ACC Expiration Date.
time period which results in extension of the
term of the ACC provisions related to
project operation, with respect to a particular
project, pursuant to SEC. 969.105, the PHA
shall, at least one year before the anticipated
ACC Expiration Date for the proj ect, notify
HUD as to whether or not the PHA desires
to maintain a basis for receiving Operating
Subsidy with respect to the project after the
anticipated ACC Expiration Date. This
notification shall be submitted to the
appropriate HUD Field Office in the form of
a resolution of the PHA's Board of
Commissioners. If the PHA does not desire
to maintain a basis for Operating Subsidy
payments with respect to the project after
the anticipated ACC Expiration Date, the
{[[Page 537]]}
resolution shall certify that no
Operating Subsidy shall be utilized with
respect to the project after the effective date
of this rule and that all financial records and
accounts for such a project shall be kept
separately. If the PHA does desire to
maintain a basis for such Operating Subsidy
payments, the resolution shall include the
PHA's request for extension of the term of
the ACC provisions related to project
operation, for a period of not less than one
nor more than 10 years. Upon HUD's receipt
of the request, HUD and the PHA shall enter
into an ACC amendment effecting the
extension for the period requested by the
PHA, unless HUD finds that continued
operation of the project cannot be justified
under the standards set forth in 24 CFR part
970 (HUD's regulation on demolition or
disposition of public housing).
Sec. 969.107 HUD approval of

demolition or disposition
before ACC expiration.
This part is not intended to preclude or
restrict the demolition or disposition of a
24 CFR 970 Demolition Or Disposition Of Public Housing
Authority: 42 U.S.C. 1437p and
3535(d).
Source: 50 FR 50894, Dec. 13, 1985,
24 CFR 970 Demolition Or
Disposition Of Public Sec. 970.1 Purpose.
Housing This part sets forth requirements for
[Code of Federal Regulations] HUD approval of a public housing agency's
[Title 24, Volume 4] application for demolition or disposition (in
[Revised as of April 1, 2004] whole or in part) of public housing projects
From the U.S. Government Printing assisted under Title I of the U.S. Housing
Office via GPO Access Act of 1937 (the `Àct''). The rules and
[Page 537-552] procedures contained in 24 CFR part 85 are
TITLE 24--HOUSING AND URBAN inapplicable.
DEVELOPMENT [53 FR 8067, Mar. 11, 1988, as
CHAPTER IX--OFFICE OF amended at 56 FR 923, Jan. 9, 1991]
ASSISTANT SECRETARY FOR PUBLIC
AND INDIAN HOUSING, DEPARTMENT Sec. 970.2 Applicability.
OF HOUSING AND URBAN (a) This part applies to public housing
DEVELOPMENT projects that are owned by public housing
PART 970_PUBLIC HOUSING agencies (PHAs) and that are subject to
PROGRAM_DEMOLITION OR Annual Contributions Contracts (ACCs)
DISPOSITION OF PUBLIC HOUSING under the Act. It also applies to Section 23
PROJECTS bond-financed projects that have received
modernization (i.e., Comprehensive
970.1 Purpose. Improvement Assistance Program (CIAP) or
970.2 Applicability. Comprehensive Grant funds (CGP)). This
970.3 Definitions. part does not apply to the following:
970.4 General requirements for HUD (1) PHA-owned Section 8 housing, or
approval of applications for demolition or housing leased under section 10(c) or
disposition. section 23 of the Act, except for section 23
970.5 Displacement and relocation. bond-financed projects that have received
970.6 Specific criteria for HUD modernization funding under the CIAP or
approval of demolition requests. the Comprehensive Grant Programs;
970.7 Specific criteria for HUD (2) Demolition or disposition before the
approval of disposition requests. End of the Initial Operating Period (EIOP),
970.8 PHA application for HUD as determined under the ACC, of property
approval. acquired incident to the development of a
970.9 Disposition of property; use of public housing project; (however, this
proceeds. exception shall not apply to dwelling units);
970.10 Costs of demolition and (3) The conveyance of public housing
relocation of displaced tenants. for the purpose of providing homeownership
970.11 Replacement Housing Plan. opportunities for lower income families
970.12 Required and permitted actions under section 21 of the Act, the Turnkey
prior to approval. III/IV or Mutual Help Homeownership
970.13 Resident organization Opportunity Programs, or other
opportunity to purchase. homeownership programs established under
970.14 Reports and records. sections 5(h) or 6(c)(4)(D) of the Act and in
existence before February 5, 1988, the date

of enactment of the 1987 Act. (Where a plan 1992 Act are likewise covered by the
{[[Page 538]]} requirements of section 18. [The 1992 Act
submitted by the PHA for took scattered-site single family public
homeownership includes a component of housing from under the requirements of
demolition, the plan must meet the HOPE 3 and moved it to HOPE 1.]
requirements of section 18 and this part.); --------
(4) The leasing of dwelling or (9) Demolition after conveyance of a
nondwelling space incident to the normal public housing project to a non-PHA entity
operation of the project for public housing in accordance with an approved
purposes, as permitted by the ACC; homeownership program under title III of
(5) The reconfiguration of the interior the United States Housing Act of 1937 (42
space of buildings (e.g., moving or U.S.C. 1437p) (HOPE 1);
removing interior walls to change the (10) Units leased for non-dwelling
design, sizes, or number of units) without purposes for one year or less;
``demolition'', as defined in SEC. 970.3. (11) A public housing development that
(This includes the conversion of bedroom is conveyed by a PHA to an owner entity
size, occupancy type, changing the status of pursuant to an approved proposal under 24
unit from dwelling to nondwelling.); CFR part 941, subpart F and prior to the
(6) Easements, rights-of-way and determination of the Actual Development
transfers of utility systems incident to the Cost to enable an owner entity to develop
normal operation of the development for the project using the mixed-finance
public housing purposes, as permitted by the development method; and
ACC; (12) Public housing units that are
(7) A whole or partial taking by a developed pursuant to the mixed-
public or quasi-public entity through the finance development method at 24 CFR
exercise of its power of eminent domain; part 941, subpart F, and that are reconveyed
however, HUD requirements with respect to by the owner entity to the PHA.
the replacement housing requirement for (b) Demolition or disposition that was
one-for-one dwelling units shall be followed approved by HUD before February 5, 1988,
(see HUD Handbook 7486.1, Demolition, but not carried out by that date, may be
Disposition and Conversion); carried out according to the terms of such
(8) Disposition of a public housing approval, without reference to subsequent
project in accordance with an approved amendments to this part and without
homeownership program under title III of obtaining any further HUD approval.
the United States Housing Act of 1937 (42 [60 FR 3716, Jan. 18, 1995; as
U.S.C. 1437p) (Hope 1); 1 amended at 61 FR 19719, May 2, 1996]
--------
\1\ In keeping with section 412(b) of Sec. 970.3 Definitions.
the National Affordable Housing Act
Act means the United States Housing
(Pub.L. 101-625), the provisions of this part
Act of 1937.
do not apply to the disposition of a public
Chief Executive Officer of a unit of
housing project in accordance with an
general local government means the elected
approved homeownership program under
official or the legally designated official,
title III of the United States Housing Act of
who has the primary responsibility for the
1937, as added by section 411 of that
conduct of that entity's governmental affairs.
legislation, (HOPE 1 for Public and Indian
Examples of the ``chief executive officer of
Housing Homeownership). In the case of a
a unit of general local government'' are: the
HOPE 1 proposal from a PHA involving
elected mayor of a municipality; the elected
partial or total demolition of units, this part
county executive of a county; the
does apply. HOPE 3 proposals involving
chairperson of a county commission or
public housing units approved prior to the
board in a county that has no elected county commit the necessary funds (subject to
executive; and the official designated availability of future appropriations).
pursuant to law by the governing body of a (e) The PHA has complied with the
unit of general local government. offering to resident organizations, as
Demolition means the razing, in whole required under SEC. 970.13.
or in part, of one or more permanent (f) The PHA has prepared a
buildings of a public housing project. certification regarding relocation of
Disposition means the conveyance or residents, in accordance with SEC.
other transfer by the PHA, by sale or other 970.5(h)(1). If relocation is required, the
transaction, of any interest in the real estate PHA must submit a relocation plan in
of a public housing {[[Page 539]]} accordance with SEC. 970.5.
project, subject to the exceptions stated (g) The PHA has made the appropriate
in SEC. 970.2. certifications regarding site and
[50 FR 50894, Dec. 13, 1985, as neighborhood standards, in accordance with
amended at 60 FR 3716, Jan. 18, 1995] SEC. 970.11(h) (2) and (4).
[50 FR 50894, Dec. 13, 1985, as
Sec. 970.4 General amended at 53 FR 30987, Aug. 17, 1988; 60
FR 3717, Jan. 18, 1995; 68 FR 56131, Sept.
requirements for HUD 29, 2003]
approval of applications for
demolition or disposition. Sec. 970.5 Displacement and
HUD will not approve an application relocation.
for demolition or disposition unless:
(a) Relocation of displaced tenants on a
(a) The application has been developed
nondiscriminatory basis. Tenants who are to
in consultation with tenants of the project
be displaced as a result of demolition or
involved, any tenant organizations for the
disposition must be offered opportunities to
project, and any PHA-wide tenant
relocate to other comparable/suitable (see
organizations that will be affected by the
HUD Handbook 1378, Tenant Assistance,
demolition or disposition;
Relocation and Real Property Acquisition)
(b) Environmental review. Activities
decent, safe, sanitary, and affordable
under this part are subject to HUD
housing (at rents no higher than permitted
environmental regulations in part 58 of this
under the Act,) which is, to the maximum
title. However, HUD may make a finding in
extent practicable, housing of their choice,
accordance with SEC. 58.11(d) and may
on a nondiscriminatory basis, without regard
itself perform the environmental review
to race, color, religion (creed), national
under the provisions of part 50 of this title if
origin, handicap, age, familial status, or sex,
a PHA objects in writing to the responsible
in compliance with applicable Federal and
entity's performing the review under part 58.
State laws.
(c) [Reserved]
(b) Relocation resources. Relocation
(d) The public housing agency has
may be to other publicly assisted housing.
developed a replacement housing plan, in
Housing assisted under Section 8 of the Act,
accordance with SEC. 970.11, and has
including housing available for lease under
obtained a commitment for the funds
the Section 8 Housing Voucher Program,
necessary to carry out the plan over the
may also be used for relocation, provided
approved schedule of the plan. To the extent
the PHA ensures that displaced tenants are
such funding is not provided from other
provided referrals to comparable/suitable
sources (e.g., State or local programs or
relocation dwelling units where the family's
proceeds of disposition), HUD approval of
share of the rent to owner following
the application for demolition or disposition
relocation will not exceed the total tenant
is conditioned on HUD's agreement to
payment, as calculated in accordance with

SEC. 813.107 of this title. If the PHA or HOME funds (part 91 of this title) are
provides referrals to suitable/comparable used to pay any part of the cost of the
relocation housing (comparable housing if demolition or the cost of a project (defined
the displacement is subject to the URA) and in paragraph (j) of this section) for which the
a tenant with a rental voucher elects to lease property is acquired, the transaction is
a housing unit where the family's share of subject to the Residential Antidisplacement
rent to owner exceeds the amount calculated and Relocation Assistance Plan, as described
in accordance with SEC. 813.107 of this in the cited regulations.
title, the tenant will be responsible for the (e) Relocation assistance for other
difference between the voucher payment displaced persons. Whenever the
standard and the rent to owner. If there are displacement of a residential tenant (family,
no units with rents at or below the voucher individual or other household) occurs in
payment standard to which the PHA may connection with the disposition of the real
refer families, then the PHA cannot use property, but the conveyance is not for a
vouchers as a relocation housing source. Federal or federally assisted project (and is,
(c) Applicability of URA rules. (1) The therefore, not covered by the URA), the
displacement of any person (household, displaced tenant shall be eligible for the
business or nonprofit organization) as a following relocation assistance:
direct result of acquisition, rehabilitation, or (1) Advance written notice of the
demolition for a Federal or federally assisted expected displacement. The notice shall be
project (defined in paragraph (j) of this provided as soon as feasible, describe the
section) is subject to the Uniform Relocation assistance to be provided and the procedures
Assistance and Real Property Acquisition for obtaining the assistance; and contain the
Policies Act {[[Page 540]]} name, address and phone number of an
of 1970, as amended, (URA) (42 official responsible for providing the
U.S.C. 4601-4655) and implementing assistance;
regulations at 49 CFR part 24. Therefore, if (2) Other advisory services, as
the PHA demolishes the property, or appropriate, including counseling and
disposes of it to a Federal agency or to a referrals to suitable, decent, safe, and
person or entity that is acquiring the sanitary replacement housing. Minority
property for a federally assisted project, the persons also shall be given, if possible,
demolition or acquisition is subject to the referrals to suitable decent, safe and sanitary
URA, and any person displaced (as replacement dwellings that are not located in
described in paragraph (i) of this section) as an area of minority concentration;
a result of such action is eligible for (3) Payment for actual reasonable
relocation assistance at the levels described moving expenses, as determined by the
in, and in accordance with the requirements PHA;
of 49 CFR part 24. (4) The opportunity to relocate to a
(2) As described in SEC. 970.11, public suitable, decent, safe and sanitary dwelling
housing units that are demolished must be unit at a rent that does not exceed that
replaced. Any person displaced (see permitted under section 3(a) of the 1937
paragraph (i) of this section) as a direct Act. All or a portion of the assistance may
result of acquisition, demolition or be provided under section 8 of the 1937 Act;
rehabilitation for a project receiving Federal and
financial assistance (e.g., ACC) that (5) Such other Federal, State or local
provides the required replacement housing, assistance as may be available.
must be provided relocation assistance at the (f) Temporary relocation. Residential
levels described in, and in accordance with tenants who will not be required to move
the requirements of 49 CFR part 24. permanently, but who must relocate
(d) Applicability of antidisplacement temporarily (e.g., to permit property
plan. If CDBG funds (part 570 of this title), repairs), shall be provided:
(1) Reimbursement for all reasonable may also be paid for with funds available
out-of-pocket expenses incurred in from other sources.
connection with the temporary relocation, (3) The PHA shall maintain records in
including the cost of moving to and from the detail sufficient to demonstrate such
temporary housing, any increase in monthly compliance. The PHA shall maintain data on
rent/ the race, ethnic, gender, and handicap status
utility costs, and the cost of reinstalling of displaced persons.
telephone and cable TV service. (i) Definition of displaced person. (1)
(2) Appropriate advisory services, General definition. For purposes of this
including reasonable advance written notice section, the term ``displaced person'' means
of: any person (household, business, nonprofit
(i) The date and approximate duration organization, or farm) that moves from real
of the temporary relocation; property, or moves personal property from
(ii) The suitable, decent, safe and real property, permanently, as a direct result
sanitary housing to be made available for the of acquisition, rehabilitation, or demolition
temporary period; for a Federal or federally assisted project.
(iii) The terms and conditions under (2) Persons who qualify. The term
which the tenant may lease and occupy a ``displaced person'' includes, but may not be
suitable, decent, safe and sanitary dwelling limited to:
in the building/ (i) A person who moves permanently
complex following completion of the from the real property after the PHA, or the
repairs; and person acquiring the property, issues a
(iv) The provision for reimbursement of vacate notice to the person, or refuses to
out-of-pocket expenses (see paragraph (f)(1) renew an expiring lease in order to evade the
of this section). responsibility to provide relocation
(g) Appeals. A person who disagrees assistance, if the move occurs on or after the
with the PHA's determination concerning date of HUD approval of the demolition or
whether the person qualifies as a ``displaced disposition;
person'' or the amount of the relocation (ii) Any person who moves
assistance for which the person is eligible, permanently, including a person who moves
may file a written appeal of that before the date of HUD approval of the
determination with the PHA. A person who demolition or disposition, if HUD or the
is dissatisfied with the PHA's determination PHA determines that the displacement
on his or her appeal may submit a written resulted from the demolition or disposition
request {[[Page 541]]} of the property and is subject to the
for review of the PHA's determination provisions of this section; or
to the HUD Field Office. (iii) A tenant-occupant of a dwelling
(h) Responsibility of PHA. (1) The who moves permanently from the
PHA shall certify that it will comply with building/complex on or after the date HUD
the URA, implementing regulations at 49 approves the demolition or disposition, if the
CFR part 24, and the requirements of this move occurs before the tenant is provided
section, and shall ensure such compliance, written notice offering him or her the
notwithstanding any third party's contractual opportunity to lease and occupy a suitable,
obligation to the PHA to comply with these decent, safe, and sanitary dwelling in the
provisions. same building/
(2) The cost of required relocation complex, under reasonable terms and
assistance is an eligible project cost in the conditions, upon completion of the project.
same manner and to the same extent as other Such reasonable terms and conditions shall
project costs. (See definition of ``project'' in include a monthly rent and estimated
paragraph (j) of this section.) Such costs average monthly utility costs that do not

exceed that permitted under section 3(a) of ``displaced person'' (or for assistance under
the 1937 Act. this section) as a result of the project;
(iv) A tenant-occupant of a dwelling (iii) The person is ineligible under 49
who is required to relocate temporarily and CFR 24.2(g)(2); or
does not return to the building/complex, if (iv) HUD determines that the person
either: was not displaced as a direct result of an
(A) The tenant is not offered payment action covered by this section.
for all reasonable out-of- (j) Definition of project. For purposes
pocket expenses incurred in connection of this section, the term ``project'' means one
with such temporary relocation (including or more activities (e.g., real property
the cost of moving to and from the acquisition, demolition or construction) paid
temporarily occupied unit, any increase in for in whole or in part with Federal financial
rent/utility costs, and the cost of reinstalling assistance. Two or more activities that are
telephone and cable TV service). integrally related, each essential to the
(B) Other conditions of the temporary other(s), are considered one project, whether
relocation are not reasonable. or not all of the component activities are
(v) A tenant-occupant of a dwelling federally assisted.
who moves from the building/ (k) Definition of initiation of
complex permanently after he or she negotiations. For purposes of providing the
has been required to move to another unit in appropriate notices and determining the
the same building/complex if either: formula for computing a replacement
(A) The tenant is not offered housing payment under the URA to a tenant
reimbursement for all reasonable out- displaced from a dwelling as a direct result
of-pocket expenses incurred in of demolition or private owner acquisition,
connection with the move; or the term `ìnitiation of negotiations'' means
(B) Other conditions of the move are HUD approval of the demolition or
not reasonable. disposition under this part.
(3) Persons not eligible. [60 FR 3717, Jan. 18, 1995]
Notwithstanding the provisions of
paragraphs (i)(1) and (i)(2) of this section, a Sec. 970.6 Specific criteria
person does not qualify as a ``displaced
person'' (and is not eligible for relocation
for HUD approval of
assistance under this section), if: demolition requests.
(i) The person has been evicted for In addition to other applicable
serious or repeated violation of the terms requirements of this part, HUD will not
and conditions of the lease or occupancy approve an application for demolition unless
agreement, violation of applicable Federal, HUD determines that one of the following
State or local law, or other good cause, and criteria is met:
the PHA determines that the eviction was (a) In the case of demolition of all or a
not undertaken for the purpose of evading portion of a project, the project, or portion of
the obligation to provide relocation the project, is obsolete as to physical
assistance; condition, location, or other factors, making
(ii) The person moved into the property it unusable for housing purposes and no
after the submission of the application for reasonable program of modifications, is
the demolition or disposition and, before feasible to return the project or portion of
commencing occupancy, received written the project to useful life. The Department
notice of the project, its possible impact on generally shall not consider a program of
the person (e.g., the {[[Page 542]]} modifications to be reasonable if the costs of
person may be displaced, temporarily such program exceed 90 percent of total
relocated, or suffer a rent increase) and the development cost (TDC). Major problems
fact that he or she would not qualify as a indicative of obsolescence are--
(1) As to physical condition: Structural preserve the total amount of lower income
deficiencies (e.g. settlement of earth below housing stock available to the community. A
the building caused by inadequate structural PHA must be able to demonstrate to the
fills, faulty structural design, or settlement satisfaction of HUD that the additional units
of floors), substantial deterioration (e.g., are being provided in connection with the
severe termite damage or damage caused by disposition of the property. {[[Page 543]]}
extreme weather conditions), or other design (3) There are other factors justifying
or site problems (e.g., severe erosion or disposition that HUD determines are
flooding); consistent with the best interests of the
(2) As to location: physical tenants and the PHA and that are not
deterioration of the neighborhood; change inconsistent with other provisions of the
from residential to industrial or commercial Act. As an example, if the property meets
development; or environmental conditions any of the criteria for demolition under SEC.
as determined by HUD environmental 970.6, it may be disposed of under this
review in accord with part 50 of this title, criterion (SEC. 970.7(a)(3)), subject to
which jeopardize the suitability of the site or conditions that HUD may impose (e.g.,
a portion of the site and its housing demolition to follow disposition in order to
structures for residential use; assure abatement of a threat to safety or
(3) Other factors which have seriously health).
affected the marketability, usefulness, or (b) In the case of disposition of
management of the property. property other than dwelling units, (1) the
(b) In the case of demolition of only a property is determined by HUD to be excess
portion of a project, the demolition will help to the needs of the project (after EIOP), or
to assure the useful life of the remaining (2) the disposition of the property is
portion of the project (e.g., to reduce project incidental to, or does not interfere with,
density to permit better access by continued operation of the remaining portion
emergency, fire, or rescue services). of the project.
[60 FR 3719, Jan. 18, 1995] [50 FR 50894, Dec. 13, 1985, as
amended at 53 FR 30988, Aug. 17, 1988; 60
Sec. 970.7 Specific criteria FR 3719, Jan. 18, 1995]
for HUD approval of
disposition requests. Sec. 970.8 PHA application
(a) In addition to other applicable
for HUD approval.
requirements of this part, HUD will not Written approval by HUD shall be
approve a request for disposition unless required before the PHA may undertake any
HUD determines that retention is not in the transaction involving demolition or
best interests of the tenants and the PHA disposition. To request approval, the PHA
because at least one of the following criteria shall submit an application to the
is met: appropriate HUD Field Office which
(1) Developmental changes is the area includes the following:
surrounding the project (e.g., density, or (a) A description of the property
industrial or commercial development) involved;
adversely affect the health or safety of the (b) A description of, as well as a
tenants or the feasible operation of the timetable for, the specific action proposed
project by the PHA. (including, in the case of disposition, the
(2) Disposition will allow the specific method proposed);
acquisition, development, or rehabilitation (c) A statement justifying the proposed
of other properties that will be more demolition or disposition under one or more
efficiently or effectively operated as lower of the applicable criteria of SEC. 970.6 or
income housing projects, and that will SEC. 970.7;

(d) If applicable, a plan for the (k) The estimated balance of project
relocation of tenants who would be debt, under the ACC, for development and
displaced by the proposed demolition or modernization;
disposition (see SEC. 970.5). The relocation (l) In the case of disposition, an
plan must at least indicate: estimate of the fair market value of the
(1) The number of tenants to be property, established on the basis of one
displaced; independent appraisal unless, as determined
(2) What counseling and advisory by HUD, (1) more than one appraisal is
services the PHA plans to provide; warranted, or (2) another method of
(3) What housing resources are valuation is clearly sufficient and the
expected to be available to provide housing expense of an independent appraisal is
for displaced tenants; unjustified because of the limited nature of
(4) An estimate of the costs for the property interest involved or other
counseling and advisory services and tenant available data;
moving expenses, and the expected source (m) In the case of disposition, estimates
for payment of these costs (see SEC. Sec. of the gross and net proceeds to be realized,
970.9); and with an itemization of estimated costs to be
(5) The minimum official notice that paid out of gross proceeds and the proposed
the PHA will give tenants before they are use of any net proceeds in accordance with
required to move; SEC. 970.9;
(e) A description of the PHA's (n) A copy of a resolution by the PHA's
consultations with tenants and any tenant Board of Commissioners approving the
organizations (as required under SEC. application; {[[Page 544]]}
970.4(a)), with copies of any written (o) If determined to be necessary by
comments which may have been submitted HUD, an opinion by the PHA's legal counsel
to the PHA and the PHA's evaluation of the that the proposed action is consistent with
comments; applicable requirements of Federal, State,
(f) A replacement housing plan, as and local laws; and
required under SEC. 970.11, and approved (p) Any additional information
by the unit of general local government necessary to support the application and
which approval shall be provided by the assist HUD in making determinations under
chief executive officer of the jurisdiction in this part.
which the project is located (e.g., the mayor (Approved by the Office of
or the county executive), indicating approval Management and Budget under control
of the replacement plan. number 2577-0075)
(g) Evidence of compliance with the [50 FR 50894, Dec. 13, 1985, as
offering to resident organizations, as amended at 60 FR 3719, Jan. 18, 1995]
required under SEC. 970.13.
(h) A certification regarding relocation Sec. 970.9 Disposition of
of residents, in accordance with SEC.
970.5(h)(1).
property; use of proceeds.
(i) Appropriate certifications regarding (a) Where HUD approves the
site and neighborhood assessment, in disposition of real property of a project, in
accordance with SEC. Sec. 970.11(h) (2), whole or in part, the PHA shall dispose of it
(3), and (4). promptly by public solicitation of bids for
(j) Appropriate certification regarding not less than fair market value, unless HUD
compliance with environmental authorities, authorizes negotiated sale for reasons found
where required in accordance with SEC. to be in the best interests of the PHA or the
970.4(c). Federal Government, or sale for less than
fair market value (where permitted by State
law), based on commensurate public
benefits to the community, the PHA or the [50 FR 50894, Dec. 13, 1985, as
Federal Government justifying such an amended at 53 FR 30988, Aug. 17, 1988; 60
exception. Reasonable costs of disposition, FR 3719, Jan. 18, 1995]
and of relocation of displaced tenants
allowable under SEC. 970.5, may be paid by Sec. 970.10 Costs of
the PHA out of the gross proceeds, as
approved by HUD.
demolition and relocation of
(b) Net proceeds, including any interest displaced tenants.
earned on the proceeds, (after payment of Where HUD has approved demolition
HUD-approved costs of disposition and of a project, or a portion of a project, and the
relocation under paragraph (a) of this proposed action is part of a modernization
section) shall be used, subject to HUD program under the Comprehensive
approval, as follows: Improvement Assistance Program (24 CFR
(1) For the retirement of outstanding part 968), the costs of demolition and of
obligations, if any, issued to finance original relocation of displaced tenants may be
development or modernization of the included in the modernization budget.
project; and
(2) Thereafter, to the extent that any net Sec. 970.11 Replacement
proceeds remain, for the provision of
housing assistance for low-income families,
housing plan.
through such measures as modernization of (a) One-for-one replacement. HUD
low-income housing or the acquisition, may not approve an application or furnish
development or rehabilitation of other assistance under this part unless the PHA
properties to operate as low- submitting the application for demolition or
income housing. disposition also submits a plan for the
(c) In the case of scattered-site housing provision of an additional decent, safe,
of a public housing agency, the net proceeds sanitary, and affordable rental dwelling unit
of a disposition shall be used for the (at rents no higher than permitted under the
retirement of outstanding obligations issued Act) for each public housing dwelling unit
to finance original development or to be demolished or disposed of under the
modernization of the project, in an amount application, except as provided in paragraph
that bears the same ratio to the total of such (j) of this section. A replacement housing
costs and obligations as the number of units plan may provide for the location of the
disposed of bears to the total number of replacement housing outside the political
units of the project at the time of disposition. boundaries of the locality of the PHA,
For example, in cases where debt has not provided all relevant program requirements
been forgiven, if a development project of are satisfied including the approval of the
ten units that cost $100,000 has one unit replacement housing plan {[[Page 545]]}
disposed of for $10,000, then there would be by the unit of general local government
no net proceeds after paying off the in which the project being demolished or
proportional cost ($100,000 divided by disposed is located. In order to assure that
10=$10,000/ all program requirements are satisfied, the
unit) of the project. If, however, the PHA must enter into any necessary
unit was disposed of and net proceeds were agreements, including where applicable, the
$12,000, there would be $2,000 available execution of a Cooperation Agreement
that the PHA would use for the provision of between the PHA and the locality in which
housing assistance for lower income the replacement housing will be located,
families. Where debt has been forgiven, all prior to submission of the replacement
the net proceeds may be used by the PHA housing plan to HUD for approval. In
for the provision of low income housing addition, the PHA must ensure that such
assistance. agreements provide that the families

selected for occupancy in the replacement Federal program, are not eligible as
housing will be families who would have replacement housing under paragraph (a)(3)
been eligible for occupancy in the of this section.);
replacement housing if it had been replaced (4) The acquisition or development of
in the same locality as the project being dwelling units assisted under a State or local
demolished or disposed. The plan must government program that provides for
include any one or combination of the project-based rental assistance comparable
following: in terms of eligibility, contribution to rent,
(1) The acquisition or development of and length of assistance contract (not less
additional public housing dwelling units; than 15 years) to assistance under section
(2) The use of 15-year project-based (8)(b)(1) of the Act; or
assistance under section 8, to the extent (5)(i) The use of 15-year tenant-based
available, or if such assistance is not assistance under section 8 of the Act,
available, in the case of an application (excluding rental vouchers under section
proposing demolition or disposition of 200 8(o)), under the conditions described in
or more dwelling units in a development, the paragraph (b) of this section, to the extent
use of available project-based assistance available, or if such assistance is not
under section 8 having a term of not less available, in the case of an application
than 5 years; proposing the demolition or disposition of
(3) The use of not less than 15-year 200 or more dwelling units in a
project-based assistance under other Federal development, the use of tenant-based
programs, to the extent available, or if such assistance under section 8 (excluding rental
assistance is not available, in the case of an vouchers under section 8(o)) having a term
application proposing the demolition or of not less than 5 years.
disposition of 200 or more dwelling units in (ii) However, in the case of an
a development, the use of available project- application proposing demolition or
based assistance under other Federal disposition of 200 or more units, not less
programs having a term of not less than 5 than 50 percent of the dwelling units for
years. (NOTE: In the case of 15-year project replacement housing shall be provided
based assistance under other Federal through the acquisition or development of
programs, the Department has determined additional public housing dwelling units or
that low-income housing credits under through project-based assistance, and not
Section 42 of the Internal Revenue Service more than 50 percent of the additional
Code is a Federal program providing 15- dwelling units shall be provided through
year project-based assistance and, therefore, tenant-based assistance under section 8
qualifies as a source of replacement housing. (excluding vouchers) having a term of not
Any replacement housing plan proposing the less than 5 years. The requirements of SEC.
use of these credits must assure that the low- 970.11(b) do not apply to applications for
income housing units in the low- demolition or disposition of 200 or more
income housing credit project which units that propose the use of tenant-based
are designated as replacement housing will assistance under section 8 having a term of
be reserved for low-income families for the not less than 5 years for the replacement of
requisite period. Units which at the time of not more than {[[Page 546]]}
allocation of the credit are also receiving 50 percent of the units to be demolished
Federal assistance under Section 8 (except or disposed of.
tenant-based assistance) or Section 23 of the (b) Conditions for use of tenant-based
Act, or Section 236, 221(d)(3) BMIR or assistance. Fifteen-year tenant-based
Section 221(d)(5) of the National Housing assistance under section 8 may be approved
Act (12 U.S.C. 1701 et seq.), or Section 101 under the replacement plan only if
of the Housing and Urban Development Act provisions listed in paragraphs (b)(1)
of 1965 (12 U.S.C. 1701s), or other similar through (3) of this section are met.
(1) There is a finding by HUD that paragraph (a) of this section, including
replacement with project-based assistance public housing under paragraph (a)(1) of this
(including public housing, as well as other section as well as the other types of eligible
types of project- Federal, State and local programs of project-
based assistance under paragraph (a) of based assistance under paragraphs (a)(2)
this section) is not feasible under the through (4) of this section. A finding of lack
feasibility standards established for project- of feasibility may thus be made only if the
based assistance; that the supply of private applicable feasibility standards cannot be
rental housing actually available to those met under any of those project-based
who would receive tenant-based assistance programs, or any combination of them. For
under the plan is sufficient for the total example, with regard to additional public
number of rental certificates and rental housing development, feasibility would be
vouchers available in the community after determined by reference to part 941 of this
implementation of the plan; and that this chapter and any other applicable regulations
available housing supply is likely to remain and requirements, to include consideration
available for the full 15-year term of the of such factors as local needs for new
assistance; construction or rehabilitation, availability of
(2) HUD's findings under paragraph suitable properties for acquisition or sites for
(b)(1) of this section are based on objective construction, and HUD determinations
information, which must include rates of under cost containment policies. With regard
participation by landlords in the Section 8 to Section 8 programs involving
program; size, condition, and rent levels of rehabilitation, an example of a major
available rental housing as compared to feasibility factor would be the prospects for
Section 8 standards; the supply of vacant participation of private owners willing to
existing housing meeting the Section 8 meet the rehabilitation requirements.
housing quality standards with rents at or (c) Approval of unit of general local
below the fair market rent or the likelihood government. The plan must be approved by
of adjusting the fair market rent; the number the unit of general local government in
of eligible families waiting for public which the project proposed for demolition or
housing or housing assistance under Section disposition is located, which approval shall
8; the extent of discrimination practiced be provided by the chief executive officer
against the types of individuals or families (e.g., the mayor or the county executive).
to be served by the assistance; an assessment (d) Schedule for replacement housing
of compliance with civil rights laws and plan. (1) The plan must include a schedule
related program requirements; and such for carrying out all its terms within a period
additional data as HUD may determine to be consistent with the size of the proposed
relevant in particular circumstances; and demolition or disposition, except that the
(3) To justify a finding under paragraph schedule for completing the plan shall in no
(b)(1) of this section, the PHA must provide event exceed 6 years from the date specified
sufficient information to support both parts to begin plan implementation, which is the
of the finding--why project-based assistance date of HUD approval of the demolition or
is infeasible and how the conditions for disposition application.
tenant-based assistance will be met, based (2) Where demolition or disposition
on the pertinent data from the local housing will occur in phases, the schedule shall
market, as prescribed in paragraph (b)(2) of provide for completing the plan within six
this section. The determination as to the lack years from the date of the HUD approval
of feasibility of project-based assistance letter for a specific demolition {[[Page
must be based on the standards for 547]]}
feasibility stated in the respective or disposition action requested.
regulations which govern each type of ``Completion'' does not mean that the
eligible project-based program identified in replacement housing must be built or

rehabilitated within the six years. For disposition, that once the site is identified,
replacement units developed under the the PHA will comply with the site and
public housing development program, the neighborhood standards applicable for those
completion of the plan would be units that programs.
have reached the stage of notice to proceed (2) If units under the Public Housing
for conventional units and contract of sale Development Program or the Section 8
for Turnkey units. project-based assistance program have been
(e) Housing the same number of requested as replacement housing in the
individuals and families. The plan must PHA's application and the PHA plans to
include a method which ensures that at least build back on the same site, the PHA shall
the same total number of individuals and comply with the site and neighborhood
families will be provided housing, allowing standards applicable for those programs
for replacement with units of different sizes when the demolition or disposition
to accommodate changes in local priority application is submitted to HUD. A
needs, as determined by the PHA and complete site and neighborhood standards
reviewed and approved by HUD as a part of review shall be done by HUD subsequent to
the demolition or disposition application. the submission of the demolition or
(f) Relocation plan. Where existing disposition application but prior to approval.
occupants will be displaced, the plan must (3)(i) If the replacement housing units
include a relocation plan in accordance with are to be provided under a State or local
SEC. Sec. 970.5 and 970.8(d). program, and the site is known (including
(g) Assurances regarding relocation. building back on the same site), the PHA is
The plan must prevent the taking of any required to comply with site and
action to demolish or dispose of any unit neighborhood standards comparable to part
until the tenant of the unit is relocated in 882 of this title when the demolition or
accordance with SEC. 970.5. This does not disposition application is submitted to HUD.
preclude actions permitted under SEC. A complete site and neighborhood standards
970.12, actions required under this part for review shall be done by HUD subsequent to
development and submission of the PHA's the submission of the demolition or
application for HUD approval of demolition disposition application but prior to approval.
or disposition, or actions required to carry (ii) However, if the site is not known,
out a relocation plan which has been the PHA shall include in the application for
approved by HUD in accordance with SEC. demolition or disposition a certification that
Sec. 970.5 and 970.8(d). it will comply with site and neighborhood
(h) Site and neighborhood standards standards comparable to part 882 of this title
assessment. With respect to replacement once the site is known.
housing, PHAs must comply with site and (iii) In the case of replacement housing
neighborhood standards, as follows: funded by State or local government funds,
(1) If units under the Public Housing the PHAs must demonstrate in the
Development Program or the Section 8 application that it has a commitment for
project-based assistance program have been funding the replacement housing.
requested as replacement housing in the (4)(i) If the replacement housing units
PHA's application, except when the PHA are to be provided out of the proceeds of the
plans to build back on the same site, the site disposition of public housing property, and
and neighborhood standards applicable for the site is known (including building back
those programs will apply and be assessed at on the same site), the PHA is required to
the appropriate time as required by that comply with site and neighborhood
program rule or handbook and not at the standards comparable to part 941 of this
time of the demolition or disposition chapter (or under part 882 of this title in the
application. The PHA must certify to HUD case of use of Section 8 assistance) {[[Page
at the time of application for demolition or 548]]}
when the demolition or disposition for low-income families. This does not,
application is submitted to HUD. A however, mean that HUD approval under
complete site and neighborhood standards this part is required for planning activities,
review shall be done by HUD subsequent to analysis, or consultations, such as project
the submission of the demolition or viability studies, comprehensive
disposition application but prior to approval. modernization planning or comprehensive
(ii) However, if the site is not known, occupancy planning.
the PHA shall include in the application for [53 FR 30987, Aug. 17, 1988]
demolition or disposition a certification that
it will comply with site and neighborhood Sec. 970.13 Resident
standards comparable to part 941 of this
chapter or under part 882 of this title once
organization opportunity to
the site is known. purchase.
(i) Assurances regarding accessibility. (a) Applicability. (1) This section
The plan must contain assurances that any applies to applications for demolition or
replacement units acquired, newly disposition of a development which involve
constructed or rehabilitated will meet the dwelling units, nondwelling spaces (e.g.
applicable accessibility requirements set administration and community buildings,
forth in SEC. 8.25 of this title. maintenance facilities), and excess land.
(j) Exception for replacement housing (2) The requirements of this section do
in cases of demolition. In any 5-year period, not apply to the following cases which it has
a public housing agency may demolish not been determined do not present appropriate
more than the lesser of 5 dwelling units or 5 opportunities for resident purchase:
percent of the total dwelling units owned (i) The PHA has determined that the
and operated by the public housing agency, property proposed for demolition is an
without providing an additional dwelling imminent threat to the health and safety of
unit for each public housing unit to be residents;
demolished, but only if the space occupied (ii) The local government has
by the demolished unit is used for meeting condemned the property proposed for
the service or other needs of public housing demolition;
residents. If the PHA elects to use this (iii) A local government agency has
exception, it shall meet all other determined and notified the PHA that units
requirements of this part except SEC. must be demolished to allow access to fire
970.11. and emergency equipment;
(Approved by the Office of (iv) The PHA has determined that the
Management and Budget under control demolition of selected portions of the
number 2577-0075) development in order to reduce density is
[60 FR 3719, Jan. 18, 1995] essential to ensure the long term viability of
the development or the PHA (but in no case
Sec. 970.12 Required and should this be used cumulatively to avoid
Section 412 requirements);
permitted actions prior to (v) A public body has requested to
approval. acquire vacant land that is less than 2 acres
A PHA may not take any action to in order to build or expand its services (e.g.,
demolish or dispose of a public housing a local government wishes to use the land to
project or a portion of a public housing build or establish a police substation); or
project without obtaining HUD approval (vi) PHA seeks disposition outside the
under this part. Until such time as HUD public housing program to privately finance
approval may be obtained, the PHA shall or otherwise develop a facility to benefit
continue to meet its ACC obligations to low-income families (e.g., day care center,
maintain and operate the property as housing

administrative building, other types of low- residents to organize a resident organization.
income housing). The PHA should initiate its efforts to inform
(3) In the situations listed in paragraph the residents of their right to organize as an
(a) of this section, the PHA may proceed to integral part of the resident consultation
submit its request to demolish or dispose of requirement under SEC. 970.4(a).
the property, or the portion of the property, (c) Established Organizations. Where
to HUD, in accordance with Section 18 of there are duly formed resident councils,
the United States Housing Act of 1937 and resident management corporation, or
24 CFR {[[Page 549]]} resident cooperative at the affected
part 970 without affording an development, the PHA shall follow the
opportunity for purchase by a resident procedures beginning in paragraph (d) of
organization. However, resident consultation this section. Where the affected
would be required in accordance with SEC. development is fully or partially occupied,
970.4(a). The PHA must submit written the residents must be given the opportunity
documentation, on official stationery, with to form under the procedures in paragraph
date and signatures to justify paragraphs (b) of this section.
(a)(2)(i), (ii), (iii), (iv), and (v) of this (d) Offer of sale to resident
section. Examples of such documentation organizations. (1) The PHA shall make the
include: formal offer for sale which must include, at
(i) A certification from a local agency, a minimum, the information listed in this
such as the fire or health department, that a paragraph (d). All contacted organizations
condition exists in the development that is shall have 30 days to express an interest in
an imminent threat to residents; or the offer. The PHA must offer to sell the
(ii) A copy of the condemnation order property proposed for demolition or
from the local health department. If, disposition to the resident management
however, at some future date, the PHA corporation, the resident council or resident
proposes to sell the remaining property cooperative of the affected development
described in paragraphs (a)(2)(i) through under at least as favorable terms and
(iii) of this section, the PHA will be required conditions as the PHA would offer it for sale
to comply with this section. to another purchaser:
(b) Opportunity for residents to (i) An identification of the
organize. Where the affected development development, or portion of the development,
does not have an existing resident council, in the proposed demolition or disposition,
resident management corporation or resident including the development number and
cooperative at the time of the PHA proposal location, the number of units and bedroom
to demolish or dispose of the development configuration, the amount of space and use
or a portion of the development, the PHA for non-dwelling space, the current physical
shall make a reasonable effort to inform condition (e.g., fire damaged, friable
residents of the development of the asbestos, lead-
opportunity to organize and purchase the based paint evaluation results), and
property proposed for demolition or occupancy status (e.g., percent occupancy).
disposition. Examples of ``reasonable effort'' (ii) In the case of disposition, a copy of
at a minimum include one of the following the appraisal of the property and any terms
activities: convening a meeting, sending of sale.
letters to all residents, publishing an (iii) A PHA disclosure and description
announcement in the resident newsletter, of plans proposed for reuse of land, if any,
where available, or hiring a consultant to after the proposed demolition or disposition.
provide technical assistance to the residents. (iv) An identification of available
The Department will not approve any resources (including its own and HUD's) to
application that cannot demonstrate that the provide technical assistance to the resident
PHA has allowed at least 45 days for the management corporation, resident council or
resident cooperative of the affected receives more than one proposal from a
development to enable the organization to resident council, resident management
better understand its opportunity to purchase corporation or resident cooperative at the
the development, the development's value affected development, the PHA shall select
and potential use. the proposal that meets the terms of sale. In
(v) Any and all terms of sale that the the event that two proposals from the
PHA requires for the Section 18 action. (If affected development meet the terms of sale,
the resident management corporation, the PHA shall chose the best proposal.
resident council or resident cooperative of (2) After the 30 day time frame for the
the affected development submits a proposal resident council, resident management
that is other than the terms of sale (e.g., corporation, or resident cooperative of the
purchase at less than fair market value with affected development to respond to the
demonstrated commensurate public benefit notification letter has expired, the PHA is to
or for the purposes of homeownership), prepare letters to those organizations that
{[[Page 550]]} responded affirmatively inviting them to
the PHA may consider accepting the submit a formal proposal to purchase the
offer). property. The organization has 60 days from
(vi) A date by which the resident the date of its affirmative response to
management corporation, resident council or prepare and submit a proposal to the PHA
resident cooperative of the affected that provides all the information requested in
development must respond to the HA's offer paragraph (g) of this section and meets the
to sell the property proposed for demolition terms of sale.
or disposition, which shall be no less than 30 (e) PHA Review of Proposals. The
days from the date of the official offering of PHA has up to 60 days from the date of
the PHA. The response from the resident receipt of the proposal(s) to review them and
management corporation, resident council or determine whether they meet the terms of
resident cooperative of the affected sale set forth in its offer. If the resident
development shall be in the form of a letter management corporation, resident council or
expressing its interest in accepting the PHAs resident cooperative of the affected
written offer. development submits a proposal that is other
(vii) A statement that the resident than the terms of sale (e.g., purchase at less
council, resident management corporation, than the fair market value with demonstrated
and resident cooperative of the affected commensurate public benefit or for the
development will be given 60 days to purposes of homeownership), the PHA may
develop and submit a proposal to the PHA to consider accepting the offer. If the terms of
purchase the property and to obtain a firm sale are met, within 14 days of the PHA's
financial commitment. It shall explain that final decision, the PHA shall notify the
the PHA shall approve the proposal from the resident management corporation, resident
resident council, resident management council or resident cooperative of the
corporation or resident cooperative of the affected development of that fact and that
affected development, if it meets the terms the proposal has been accepted or rejected.
of sale. However, the statement shall (f) Appeals. The resident management
indicate that the PHA can consider accepting corporation, resident council or resident
an offer from the resident council, resident cooperative of the affected development has
management corporation or resident the right to appeal the PHA's decision to the
cooperative of the affected development that HUD field office. A letter requesting an
is other than the terms of sale; e.g., purchase appeal has to be made within 30 days of the
at less than fair market value with decision by the PHA. The request should
demonstrated commensurate public benefit include copies of the proposal and any
or for the purposes of homeownership. The related correspondence. The field office will
statement shall explain that if the PHA render a final decision within 30 days. A

letter communicating the decision is to be 18 of the United States Housing Act of 1937
prepared and sent to the PHA and the and 24 CFR part 970 do not apply, but the
resident management corporation, resident applicable requirements shall be those under
council or resident cooperative of the the HOPE 1 guidelines, as set forth at 57 FR
affected development. 1522, or the section 5(h) regulation, as set
(g) Contents of Proposal. (1) The forth in parts 905 and 906 of this chapter. In
proposal from the resident management order for a PHA to consider a proposal to
corporation, resident council or resident purchase under section 412, using
cooperative of the affected development homeownership opportunities under section
shall at a minimum include the following: 5(h) or HOPE 1, the resident council,
(i) The length of time the organization resident management corporation or resident
has been in existence; cooperative of the affected development
(ii) A description of current or past shall meet the provisions of this rule,
activities which demonstrate the including paragraphs (g)(1)(i) through
organization's organizational and (g)(1)(xii) of this section.
management capability or the planned (3) If the proposal is to purchase the
acquisition of such capability through a property for other than the aforementioned
partner or other outside entities; homeownership programs or for uses other
(iii) A statement of financial capability; than homeownership, then the proposal must
{[[Page 551]]} meet all the disposition requirements of
(iv) A description of involvement of Section 18 of the United States Housing Act
any non-resident organization (non-profit, of 1937 and 24 CFR part 970.
for profit, governmental or other entities), if (h) PHA obligations. (1) Prepare and
any, the proposed division of responsibilities disperse the formal offer of sale to the
between these two, and the non- resident council, resident management
resident organization's financial corporation and resident cooperative of the
capabilities; affected development.
(v) A plan for financing the purchase of (2) Evaluate proposals received and
the property and a firm commitment for make the selection based on the
funding resources necessary to purchase the considerations set forth in paragraph (b) of
property and pay for any necessary repairs; this section. Issuance of letters of acceptance
(vi) A plan for the use of the property; and rejection.
(vii) The proposed purchase price in (3) Prepare certifications, where
relation to the appraised value; appropriate, as discussed in paragraph (i)(3)
(viii) Justification for purchase at less of this section.
than the fair market value in accordance (4) The PHA shall comply with its
with SEC. 970.9, if appropriate; obligations under SEC. 970.4(a) regarding
(ix) Estimated time schedule for tenant consultation and provide evidence to
completing the transaction; HUD that it has met those obligations. The
(x) The response to the PHA's terms of PHA shall not act in an arbitrary manner and
sale; shall give full and fair consideration to any
(xi) A resolution from the resident qualified resident management corporation,
organization approving the proposal; and resident council or resident cooperative of
(xii) A proposed date of settlement, the affected development and accept the
generally not to exceed six months from the proposal if it meets the terms of sale.
date of PHA approval of the proposal, or (i) PHA application submission
such period as the PHA may determine to be requirements for proposed demolition or
reasonable. disposition. (1) If the proposal from the
(2) If the proposal is to purchase the resident organization is rejected by the PHA,
property for homeownership under 5(h) or and either there is no appeal by the
HOPE 1, then the requirements of Section organization or the appeal has been denied,
the PHA shall submit its demolition or development one of the following, either
disposition application to HUD in paragraph (i)(3)(ii)(A) or paragraph
accordance with Section 18 of the United (i)(3)(ii)(B) of this section:
States Housing Act of 1937 and part 970 of (A) A board resolution or its equivalent
this chapter. The demolition or disposition from each resident council, resident
application must include complete management corporation or resident
documentation that the requirements of this cooperative stating that such organization
section have been met. PHAs must submit has received the PHA letter, and that it
written documentation that the resident understands the offer and waives its
council, resident management corporation opportunity to purchase the project, or
and tenant cooperative of the affected portion of the project, covered by the
development have been apprised of their demolition or disposition application. The
opportunity to purchase under this section. response should clearly state that the
This documentation shall include: resolution was adopted by the entire
(i) A copy of the signed and dated PHA organization at a formal meeting; or
notification letter(s) to each organization (B) A certification from the executive
informing them of the PHA's intention to director or board of commissioners of the
submit an application for demolition or PHA that the thirty (30) day timeframe has
disposition, the right to purchase; and expired and no response was received to its
(ii) The responses from each offer.
organization. (Approved by the Office of
(2) If the PHA accepts the proposal of Management and Budget under control
the resident organization, the PHA shall number 2577-0075)
submit a disposition application in [60 FR 3721, Jan. 18, 1995, as
accordance with Section 18 of the United amended at 64 FR 50229, Sept. 15, 1999]
States Housing Act of 1937 and {[[Page
552]]} Sec. 970.14 Reports and
part 970 of this chapter, with
appropriate justification for a negotiated sale
records.
and for sale at less than fair market value, if (a) After HUD approval of demolition
applicable. or disposition of all or part of a project, the
(3) HUD will not process an PHA shall keep the appropriate HUD Field
application for demolition or disposition Office informed of significant actions in
unless the PHA provides the Department carrying out the demolition or disposition,
with one of the following: including any significant delays or other
(i) Where no resident management problems. When demolition or disposition is
corporation, resident council or resident completed, the PHA shall submit to the
cooperative exists in the affected Field Office a report confirming such action,
development and the residents of the certifying compliance with all applicable
affected development have not formed a requirements of Federal law and regulations
new organization in accordance with and, in the case of disposition, accounting
paragraph (b) of this section, a certification for the proceeds and costs of disposition.
from either the executive director or the (b) The PHA shall be responsible for
board of commissioners stating that no such keeping records of its HUD-
organization(s) exists and documentation approved demolition or disposition
that a reasonable effort to inform residents sufficient for audit by HUD to determine the
of their opportunity to organize has been PHA's compliance applicable requirements
made; or of Federal law and this part.
(ii) Where a resident management (Approved by the Office of
corporation, resident council or resident Management and Budget under control
cooperative exists in the affected number 2577-0075)

[50 FR 50894, Dec. 13, 1985.
Redesignated at 53 FR 30987, Aug. 17,
1988. Redesignated at 60 FR 3721, Jan. 18,
1995]
24 CFR 971 Assessment
Of Reasonable
Revitalization Potential
Public Housing
[Page 552-558]
DEVELOPMENT
CHAPTER IX--OFFICE OF
ASSISTANT SECRETARY FOR PUBLIC
AND INDIAN HOUSING, DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
PART 971_ASSESSMENT OF THE
REASONABLE REVITALIZATION
POTENTIAL OF CERTAIN PUBLIC
HOUSING REQUIRED BY LAW--Table of
Contents
971.1 Purpose.
971.3 Standards for identifying
developments.
971.5 Long-term viability.
971.7 Plan for removal of units from
public housing inventories.
971.9 Tenant and local government
consultation.
971.11 Hope VI developments.
971.13 HUD enforcement authority.
Appendix to Part 971--Methodology of

Comparing Cost of Public Housing With
Cost of Tenant-Based Assistance
Authority: Pub. L. 104-134; 42 U.S.C.

3535(d).
Source: 62 FR 49576, Sept. 22, 1997,
24 CFR 971 Assessment Of Reasonable Revitalization Potential Public Housing
Sec. 971.1 Purpose. Form HUD-51234 (Report on Occupancy),

or more recent data which demonstrates
Section 202 of the Omnibus
improvement in occupancy rates. Units in
Consolidated Rescissions and
the following categories shall not be
Appropriations Act of 1996 (Pub.L. 104-
included in this calculation:
134, approved April 26, 1996) (`ÒCRA'')
(i) Vacant units in an approved
requires PHAs to identify certain distressed
demolition or disposition program;
public housing developments that cost more
(ii) Vacant units in which resident
than Section 8 rental assistance and cannot
property has been abandoned, but only if
be reasonably revitalized. Households in
State law requires the property to be left in
occupancy that will be affected by the
the unit for some period of time, and only
activities will be offered tenant-based or
for the period stated in the law;
project-based assistance (that can include
(iii) Vacant units that have sustained
other public housing units) and will be
casualty damage, but only until the
relocated, to {[[Page 553]]}
insurance claim is adjusted; and
other decent, safe, sanitary, and
(iv) Units that are occupied by
affordable housing which is, to the
employees of the PHA and units that are
maximum extent practicable, housing of
utilized for resident services.
their choice. After residents are relocated,
(4) Have an estimated cost of continued
the distressed developments (or affected
operation and modernization of the
buildings) for which no reasonable means of
developments as public housing in excess of
revitalization exists will be removed from
the cost of providing tenant-based assistance
the public housing inventory.
under section 8 of the United States Housing
Act of 1937 for all families in occupancy,
Sec. 971.3 Standards for based on appropriate indicators of cost (such
identifying developments. as the percentage of total development cost
(a) PHAs shall use the following required for modernization). (OCRA SEC.
standards for identifying developments or 202(a)(5)).
portions thereof which are subject to section (i) For purposes of this determination,
202's requirement that PHAs develop and the costs used for public housing shall be
carry out plans for the removal over time those necessary to produce a revitalized
from the public housing inventory. These development as described in the paragraph
standards track section 202(a) of OCRA. (a)(5) of this section.
The development, or portions thereof, must: (ii) These costs, including estimated
(1) Be on the same or contiguous sites. operating costs, modernization costs and
(OCRA SEC. 202(a)(1)). This standard and accrual needs must be used to develop a per
the standard set forth in paragraph (a)(2) of unit monthly cost of continuing the
this section refer to the actual number and development as public housing.
location of units, irrespective of HUD (iii) That per unit monthly cost of
development project numbers. public housing must be compared to the per
(2) Total more than 300 dwelling units. unit monthly Section 8 cost.
(OCRA SEC. 202(a)(2)). (iv) Both the method to be used and an
(3) Have a vacancy rate of at least ten example are included in the Appendix to this
percent for dwelling units not in funded, on- part.
schedule modernization. (OCRA SEC. (5) Be identified as distressed housing
202(a)(3)). For this determination, PHAs that the PHA cannot assure the long-term
and HUD shall use the data the PHA relied viability as public housing through
upon for its last Public Housing reasonable revitalization, density reduction,
Management Assessment Program or achievement of a broader range of
(PHMAP) certification, as reported on the household income. (OCRA SEC. 202(a)(4)).
[See SEC. 971.5.]

(b) Properties meeting the standards set operating costs that are described in
forth in paragraphs (a)(1) through (3) of this paragraph (a)(2) of this section.
section will be assumed to be ``distressed'' (2) The overall projected cost of the
unless the PHA can show that the property revitalized development must not exceed the
fails the standard set forth in paragraph Section 8 cost under the method contained
(a)(3) of this section for reasons that are in the Appendix to this part, even if the cost
temporary in duration and are unlikely to of revitalization is a lower percentage of the
recur. TDC than the limits stated in paragraph
(c) Where the PHA will demolish all of (a)(1) of this section.
the units in a development, or the portion (3) The source of funding for such a
thereof, that is subject to section 202, revitalization program must be identified
section 202 requirements will be satisfied and already available. In addition to other
once the demolition occurs and its standards resources already available to the PHA, a
will not be applied further to the use of the PHA may assume that future formula funds
site. provided through the Comprehensive Grant
(d) PHAs will meet the test for assuring Program are available for this purpose,
long-term viability of identified housing provided that they are sufficient to permit
only if it is probable that, after reasonable completion of the revitalization within the
investment, for at least twenty years (or at statutory five year time frame.
least 30 years for rehabilitation equivalent to (Comprehensive plans must be amended
new construction) the development can accordingly.)
sustain structural/system soundness and full (b) Density. Density reduction
occupancy; will not be excessively {[[Page measures would have to result in a public
554]]} housing community with a density
densely configured relative to standards approaching that which prevails in the
for similar (typically family) housing in the community for similar types of housing
community; will not constitute an excessive (typically family), or a lower density. If the
concentration of very low-income families; development's density already meets this
and has no other site impairments which description, further reduction in density is
clearly should disqualify the site from not a requirement.
continuation as public housing. (c) Income mix. (1) Measures generally
will be required to broaden the range of
Sec. 971.5 Long-term resident incomes to include over time a
significant mix of households with at least
viability. one full-time worker (for example, at least
(a) Reasonable investment. (1) 20 percent with an income at least 30
Proposed revitalization costs for viability percent of median area income). Measures
must be reasonable. Such costs must not to achieve a broader range of household
exceed, and ordinarily would be incomes must be realistic in view of the
substantially less than, 90 percent of HUD's site's location. Evidence of such realism
total development cost limit for the units typically would include some mix of
proposed to be revitalized (100 percent of incomes of other households located in the
the total development cost limit for any same census tract or neighborhood, or
`ìnfill'' new construction subject to this unique advantages of the public housing
regulation). The revitalization cost estimate site.
used in the PHA's most recent (2) For purposes of judging
comprehensive plan for modernization is to appropriateness of density reduction and
be used for this purpose, unless a PHA broader range of income measures, overall
demonstrates or HUD determines that size of the public housing site and its
another cost estimate is clearly more number of dwelling units will be considered.
realistic to ensure viability and to sustain the The concerns these measures would address
generally are greater as the site's size and informing such families that they will
number of dwelling units increase. receive tenant-based or project-based
assistance; providing any necessary
Sec. 971.7 Plan for removal counselling with respect to the relocation,
including a request for any necessary
of units from public housing counseling funds; and assuring that such
inventories. families are relocated as necessary to other
(a) Time frames. Section 202 is a decent, safe, sanitary and affordable housing
continuing requirement, and the Secretary which is, to the maximum extent possible,
will establish time frames for submission of housing of their choice;
necessary information annually through (7) The displacement and relocation
publication of a Federal Register notice. provisions set forth in 24 CFR 970.5.
(b) Plan for removal. With respect to (8) A record indicating compliance
any development that meets all of the with the statute's requirements for
standards listed, the PHA shall develop a consultation with applicable public housing
plan for removal of the affected public tenants of the affected development and the
housing units from the inventory. The plan unit of local government where the public
should consider relocation alternatives for housing is located, as set forth in SEC.
households in occupancy, including other 971.9.
public housing and Section 8 tenant-based (c) Section 18 of the United States
assistance, and shall provide for relocation Housing Act of 1937 shall not apply to
from the units as soon as possible. For demolition of developments removed from
planning purposes, PHAs shall assume that PHA inventories under this section, but shall
HUD will be able to provide in a timely apply to any proposed dispositions of such
fashion any necessary Section 8 rental developments or their sites. HUD's review
assistance. The plan shall include: of any such disposition application will take
(1) A listing of the public housing units into account that the development has been
to be removed from the inventory; required to be removed from the PHA's
(2) The number of households to be inventory.
relocated, by bedroom size; (d) For purposes of determining
(3) Identification and obligation status operating subsidy eligibility under the
of any previously approved CIAP, {[[Page Performance Funding System (PFS), the
555]]} submitted plan will be considered the
modernization, or major reconstruction equivalent of a formal request to remove
funds for the distressed development and dwelling units from the PHA's inventory and
PHA recommendations concerning transfer ACC and approval (or acceptance). The
of these funds to Section 8 or alternative PHA will receive written notification that
public housing uses; the plan has been approved (or accepted).
(4) The relocation resources that will be Units that are vacant or vacated on or after
necessary, including a request for any the written notification date will be treated
necessary Section 8 and a description of as approved for deprogramming under SEC.
actual or potential public or other assisted 990.108(b)(1) of this chapter and also will
housing vacancies that can be used as be provided the phase-
relocation housing; down of subsidy pursuant to SEC.
(5) A schedule for relocation and 990.114 of this chapter.
removal of units from the public housing (Approved by the Office of
inventory; Management and Budget under control
(6) Provision for notifying families number 2577-0210)
residing in the development, in a timely
fashion, that the development shall be
removed from the public housing inventory;

Sec. 971.9 Tenant and local but without approved HOPE VI

revitalization plans, are fully subject to
government consultation. section 202 standards and requirements.
(a) PHAs are required to proceed in
consultation with affected public housing Sec. 971.13 HUD enforcement
residents. PHAs must provide copies of their
submissions complying with SEC. Sec. authority.
971.3(a) (1) through (3) to the appropriate Section 202 provides HUD authority to
tenant councils and resident groups before or ensure that certain distressed developments
immediately after these submissions are are properly identified and removed from
provided to HUD. PHA inventories. Specifically, HUD may:
(b) PHAs must: (a) Direct a PHA to cease additional
(1) Hold a meeting with the residents of spending in connection with a development
the affected sites and explain the which meets or is likely to meet the statutory
requirements of section 202 of OCRA; criteria, except as necessary to ensure
(2) Provide an outline of the decent, safe and sanitary housing until an
submission(s) complying with SEC. appropriate course of action is approved;
971.3(a) (4) and (5) to affected residents; (b) Identify developments which fall
and within the statutory criteria where a PHA
(3) Provide a reasonable comment has failed to do so properly;
period for residents and must provide a (c) Take appropriate actions to ensure
summary of the resident comments to HUD. the removal of developments from the
(c) PHAs must prepare conversion inventory where the PHA has failed to
plans in consultation with affected tenants adequately develop or implement a plan to
and must: do so; and
(1) Hold a meeting with affected (d) Authorize or direct the transfer of
residents and provide draft copies of the capital funds committed to or on behalf of
plan; and the development (including comprehensive
(2) Provide a reasonable comment improvement assistance, comprehensive
period for residents and must provide a grant amounts attributable to the
summary of the resident comments to HUD. development's share of funds under the
(d) The conversion plan must be formula, and major reconstruction of
approved by the local officials as not obsolete projects funds) to tenant-based
inconsistent with the Consolidated Plan. assistance or appropriate site revitalization
for the agency.
Sec. 971.11 HOPE VI Appendix to Part 971--Methodology of
Comparing Cost of Public Housing With
developments. Cost of Tenant-Based Assistance
Developments with HOPE VI I. Public Housing
implementation grants that have approved The costs used for public housing shall
HOPE VI revitalization plans will be treated be those necessary to produce a revitalized
as having shown the ability to achieve long- development as described in the next
term viability with reasonable revitalization paragraph. These costs, including estimated
plans. Future HUD actions to approve or operating costs, modernization costs and
deny proposed HOPE VI implementation costs to address accrual needs must be used
grant revitalization plans will be taken with to develop a per unit monthly cost of
consideration of the standards for section continuing the development as public
202. Developments with HOPE VI planning housing. That per unit monthly cost of
or implementation grants, {[[Page 556]]} public housing must be compared to the per
unit monthly Section 8 cost. The estimated
cost of the continued operation and
modernization as public housing shall be 3. In justifying the operating cost
calculated as the sum of total operating, estimates as realistic, the plan should link
modernization, and accrual costs, expressed the cost estimates to its assumptions about
on a monthly per occupied unit basis. The the level and rate of occupancy, the per-unit
costs shall be expressed in current dollar funding of modernization, any physical
terms for the period for which the most reconfiguration that will result from
recent Section 8 costs are available. modernization, any planned changes in the
A. Operating Costs surrounding neighborhood and security
1. The proposed revitalization plan costs. The plan should also show whether
must indicate how unusually high current developments or buildings in viable
operating expenses (e.g, security, supportive condition in similar neighborhoods have
services, maintenance, utilities) will be achieved the income mix and occupancy rate
reduced as a result of post- projected for the revitalized development.
revitalization changes in occupancy, The plan should also show how the
density and building configuration, income operating costs of the similar developments
mix and management. The plan must make a or buildings compare to the operating costs
realistic projection of overall operating costs projected for the development.
per occupied unit in the revitalized 4. In addition to presenting evidence
development, by relating those operating that the operating costs of the revitalized
costs to the expected occupancy rate, tenant development are plausible, when the per-
composition, physical configuration and unit operating cost of the renovated
management structure of the revitalized development is {[[Page 557]]}
development. The projected costs should more than ten percent lower than the
also address the comparable costs of current per-unit operating cost of the
buildings or developments whose siting, development, then the plan should detail
configuration, and tenant mix is similar to how the revitalized development will
that of the revitalized public housing achieve its reduction in costs. To determine
development. the extent to which projected operating costs
2. The development's operating cost are lower than current operating costs, the
(including all overhead costs pro-rated to the current per-unit operating costs of the
development--including a Payment in Lieu development will be estimated as follows:
of Taxes (PILOT) or some other comparable a. If the development has reliable
payment, and including utilities and utility operating costs and if the overall vacancy
allowances) shall be expressed as total rate is less than twenty percent, then these
operating costs per month, divided by the costs will be divided by the sum of all
number of units occupied by households. occupied units and vacant units fully funded
For example, if a development will have under PFS plus fifty percent of all units not
1,000 units occupied by households and will fully funded under PFS. For instance, if the
have $300,000 monthly in non-utility costs total monthly operating costs of the current
(including pro-rated overhead costs and development are $6.6 million and it has
appropriate P.I.L.O.T.) and $100,000 1,000 occupied units and 200 vacant units
monthly in utility costs paid by the authority not fully funded under PFS (or a 17 percent
and $50,000 monthly in utility allowances overall vacancy rate), then the $6.6 million
that are deducted from tenant rental is divided by 1100--1000 plus 50 percent of
payments to the authority because tenants 200--to give a per unit figure of $600 per
paid some utility bills directly to the utility unit month. By this example, the current
company, then the development's monthly costs of $600 per occupied unit are at least
operating cost per occupied unit is $450--the ten percent higher than the projected costs
sum of $300 per unit in non-utility costs, per occupied unit of $450 for the revitalized
$100 per unit in direct utility costs, and $50 development, and the reduction in costs
per unit in utility allowance costs. would have to be detailed.

b.If the development currently lacks standards, that cost amortized over twenty
reliable cost data or has a vacancy rate of years (which is equivalent to fifteen years at
twenty percent or higher, then its current per a three percent annual real capital cost for
unit costs will be estimated as follows. First, the initial outlay). Expressed in monthly
the per unit cost of the entire authority will terms, the modernization cost is divided by
be computed, with total costs divided by the 180 (or 15 years times 12 months). Thus, if
sum of all occupied units and vacant units the initial modernization outlay to meet
fully funded under PFS plus fifty percent of viability standards is $60 million for 1,000
all vacant units not fully funded under PFS. units, then the per-unit outlay is $60,000 and
Second, this amount will be multiplied by the amortized modernization cost is $333
the ratio of the bedroom adjustment factor of per unit per month (or $60,000 divided by
the development to the bedroom adjustment 180). However, when revitalization would
factor of the Housing Authority. The be equivalent to new construction and the
bedroom adjustment factor, which is based PHA thus is permitted to amortize the
on national rent averages for units grouped proposed cost over thirty years (which is
by the number of bedrooms and which has equivalent to twenty-two and one-half years
been used by HUD to adjust for costs of at a three percent annual real capital cost to
units when the number of bedrooms vary, the initial outlay), the modernization cost
assigns to each unit the following factors:.70 will be divided by 270, the product of 22.5
for 0- and 12, to give a cost per unit month of
bedroom units, .85 for 1-bedroom units, $222.
1.0 for 2-bedroom units, 1.25 for 3-bedroom C. Accrual
units, 1.40 for 4-bedroom units, 1.61 for 5- The monthly per occupied unit cost of
bedroom units, and 1.82 for 6 or more accrual (i.e., replacement needs) will be
bedroom units. The bedroom adjustment estimated by using the latest published HUD
factor is the unit-weighted average of the unit total development cost limits for the
distribution. For instance, if the area and applying them to the development's
development with one thousand occupied structure type and bedroom distribution after
units had in occupancy 500 two- modernization, then subtracting from that
bedroom units and 500 three-bedroom figure half the per-unit cost of
units, then its bedroom adjustment factor modernization, then multiplying that figure
would be 1.125--500 times 1.0 plus 500 by .02 ( representing a fifty year
times 1.25, the sum divided by 1,000. Where replacement cycle), and dividing this
necessary, HUD field offices will arrange product by 12 to get a monthly cost. For
for assistance in the calculation of the example, if the development will remain a
bedroom adjustment factors of the Housing walkup structure containing five hundred
Authority and its affected developments. two-bedroom occupied and five hundred
c. As an example of estimating three-bedroom occupied units, if HUD's
development operating costs from PHA Total Development Cost limit for the area is
operating costs, suppose that the Housing $70,000 for two-bedroom walkup structures
Authority had a total monthly operating cost and $92,000 for three-bedroom walkup
per unit of $500 and a bedroom adjustment structures, and if the per unit cost of
factor of .90, and suppose that the modernization is $60,000, then the estimated
development had a bedroom adjustment monthly cost of accrual per occupied unit is
factor of 1.125. Then, the development's $85. This is the result of multiplying the
estimated current monthly operating cost per value of $51,000--the cost guideline value of
occupied unit would be $625--or $500 times $81,000 minus half the modernization value
1.25 (the ratio of 1.125 to .90). of $60,000--by .02 and then dividing by 12.
B. Modernization D. Overall Cost
The cost of modernization is the initial The overall current cost for continuing
revitalization cost to meet viability the development as public housing is the
sum of its monthly post-revitalization the cost of revitalized public housing
operating cost estimates, its monthly development--in the example of this section,
modernization cost per occupied unit, and its the revitalized public housing cost of $868
estimated {[[Page 558]]} monthly per occupied unit would exceed the
monthly accrual cost per occupied unit. Section 8 cost of $774 monthly per occupied
For example, if the operating cost per unit by 12 percent. The PHA would have to
occupied unit month is $450 and the prepare a conversion plan for the property.
amortized modernization cost is $333 and III. Detailing the Section-8 Cost
the accrual cost is $85, the overall monthly Comparison: A Summary Table
cost per occupied unit is $868. The Section 8 cost comparison methods
II. Tenant-Based Assistance are summarized, using the example provided
The estimated cost of providing tenant- in this section III.
based assistance under Section 8 for all A. Key Data, Development: The
households in occupancy shall be calculated revitalized development has 1000 occupied
as the unit-weighted averaging of the units. All of the units are in walkup
monthly Fair Market Rents for units of the buildings. The 1000 occupied units will
applicable bedroom size; plus the consist of 500 two-bedroom units and 500
administrative fee applicable to newly three-
funded Section 8 rental assistance during the bedroom units. The total current
year used for calculating public housing operating costs attributable to the
operating costs (e.g., the administrative fee development are $300,000
for units funded from 10/1/95 through per month in non-utility costs,
9/30/96 is based on column C of the January $100,000 in utility costs paid by the PHA,
24, 1995 Federal Register, at 60 FR 4764, and $50,000 in utility allowance expenses
and the administrative fee for units funded for utilities paid directly by the tenants to the
from 10/1/96 through 9/30/97 is based on utility company. Also, the modernization
column B of the March 12, 1997 Federal cost for revitalization is $60,000,000, or
Register, at 62 FR 11526); plus the $60,000 per occupied unit. This will provide
amortized cost of demolishing the occupied standards for viability but not standards for
public housing units, where the cost per unit new construction. The cost of demolition
is not to exceed ten percent of the TDC prior and relocation of the 1000 occupied units is
to amortization. For example, if the $5 million, or $5000 per unit, based on
development has five hundred occupied recent experience.B.
two-bedroom units and five hundred Key Data, Area: The unit total
occupied three- development cost limit is $70,000 for two-
bedroom units and if the Fair Market bedroom walkups and $92,000 for three-
Rent in the area is $600 for two bedroom bedroom walkups. The two-
units and is $800 for three bedroom units bedroom Fair Market Rent is $600 and
and if the administrative fee comes to $46 the three-bedroom Fair Market Rent is $800.
per unit, and if the cost of demolishing 1000 The applicable monthly administrative fee
occupied units is $5 million, then the per amount, in column B of the March 12, 1997
unit monthly cost of tenant based assistance Federal Register Notice, at 62 FR 11526, is
is $774 ($700 for the unit-weighted average $46.
of Fair Market Rents, or 500 times $600 C. Preliminary Computation of the Per-
plus 500 times $800 with the sum divided by Unit Average Total Development Cost of
1,000; plus $46 for the administrative fee; the Development: This results from applying
plus $28 for the amortized cost of the location's unit total development cost by
demolition and tenant relocation (including structure type and number of bedrooms to
any necessary counseling), or $5000 per unit the occupied units of the development. In
divided by 180 in this example). This this example, five hundred units are valued
Section 8 cost would then be compared to at $70,000 and five hundred units are valued

at $92,000 and the unit-weighted average is
$81,000.
D. Current Per Unit Monthly Occupied
Costs of Public Housing:
1. Operating Cost--$450 (total monthly
24 CFR 972 Conversion
costs divided by occupied units: in this Of Public Housing To
example, the sum of $300,000 and $100,000 Tenant-Based Assistance
and $50,000--
divided by 1,000 units). [Code of Federal Regulations]
2. Amortized Modernization Cost-- [Title 24, Volume 4]
$333 ($60,000 per unit divided by 180 for [Revised as of April 1, 2004]
standards less than those of new From the U.S. Government Printing
construction). Office via GPO Access
3. Estimated Accrual Cost--$85 (the [Page 559-571]
per-unit average total development cost TITLE 24--HOUSING AND URBAN
minus half of the modernization cost per DEVELOPMENT
unit, times .02 divided by 12 months: in this CHAPTER IX--OFFICE OF
example, $51,000 times .02 and then divided ASSISTANT SECRETARY FOR PUBLIC
by 12). AND INDIAN HOUSING, DEPARTMENT
4. Total per unit public housing costs-- OF HOUSING AND URBAN
$868. DEVELOPMENT
E. Current per unit monthly occupied PART 972_CONVERSION OF
costs of section 8: PUBLIC HOUSING TO TENANT-BASED
1. Unit-weighted Fair Market Rents-- ASSISTANCE
$700 (the unit-weighted average of the Fair
Market Rents of occupied bedrooms: in this Subpart A_Required Conversion of
example, 500 times $600 plus 500 times Public Housing Developments
$800, divided by 1000). Purpose; Definition of ``Conversion''
2. Administrative Fee--$46. 972.100 Purpose.
3. Amortized Demolition and 972.103 Definition of ``conversion.''
Relocation Cost--$28 ($5000 per unit Required Conversion Process
divided by 180). 972.106 Procedure for required
4. Total per unit section 8 costs--$774. conversion of public housing developments
F. Result: In this example, because to tenant-based assistance.
revitalized public housing costs exceed 972.109 Conversion of developments.
current Section 8 costs, a conversion plan 972.112 Relationship between required
for the property would be required. {[[Page conversion and demolition/
559]]} disposition requirements.
972.115 Relationship between required
conversions and HOPE VI developments.
972.118 Applicability of Uniform
Relocation Act.
Identifying Developments Subject To
Required Conversion
972.121 Developments subject to this
subpart.
972.124 Standards for identifying
public housing developments subject to
required conversion.
24 CFR 972 Conversion Of Public Housing To Tenant-Based Assistance
972.127 Standards for determining Source: 66 FR 33618, June 22, 2001,
whether a property is viable in the long unless otherwise noted.
term.
Conversion Plans Subpart A_Required
972.130 Conversion plan components.
972.133 Public and resident
Conversion of Public
consultation process for developing a Housing Developments
conversion plan. Source: 68 FR 54608, Sept. 17, 2003,
972.136 Timing of submission of unless otherwise noted.
conversion plans to HUD. Purpose; Definition of Conversion
HUD Actions With Respect To
Required Conversions Sec. 972.100 Purpose.
972.139 HUD actions with respect to The purpose of this subpart is to
required conversions. implement section 33 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-5),
Subpart B_Voluntary Conversion of which requires PHAs to annually review
Public Housing Developments their public housing inventory and identify
Purpose; Definition of Conversion developments, or parts of developments,
972.200 Purpose. which must be removed from its stock of
972.203 Definition of ``conversion.'' public housing operated under an Annual
Required Initial Assessments Contributions Contract (ACC) with HUD.
972.206 Required initial assessments. This subpart provides the procedures a
Voluntary Conversion Procedure PHA must follow to develop and carry out a
972.209 Procedure for voluntary conversion plan to remove the units from the
conversion of public housing developments public housing inventory, including how to
to tenant-based assistance. provide for the transition for residents of
972.212 Timing of voluntary these developments to other affordable
conversion. housing.
972.215 Applicability of Uniform
Relocation Act.
Sec. 972.103 Definition of
Conversion Assessments
972.218 Conversion assessment ``conversion.''
components. For purposes of this subpart, the term
972.221 Timing of submission of ``conversion'' means the removal of public
conversion assessments to HUD. housing units from the inventory of a PHA,
972.224 Necessary conditions for HUD and the provision of tenant-based or project-
approval of conversion. based assistance for the residents of the
Conversion Plans public housing units that are being removed.
972.227 Public and resident The term ``conversion,'' as used in this
consultation process for developing a subpart, does not necessarily mean the
conversion plan. {[[Page 560]]}
972.230 Conversion plan components. physical removal of the public housing
972.233 Timing of submission of development.
conversion plans to HUD. Required Conversion Process
972.236 HUD process for approving a
conversion plan.
972.239 HUD actions with respect to a
conversion plan.
Authority: 42 U.S.C. 1437t, 1437z-5,

and 3535(d).

Sec. 972.106 Procedure for required environmental review. However,
required conversion of public before completion of the environmental
review, HUD may approve the targeted units
housing developments to for removal from the PHA's inventory and
tenant-based assistance. may authorize the PHA to undertake other
(a) A PHA must annually review its activities proposed in its conversion plan
public housing inventory and identify that do not require environmental review
developments, or parts of developments, (such as certain activities related to the
which must be converted to tenant-based relocation of residents), as long as the
assistance, in accordance with SEC. Sec. buildings in question are adequately secured
972.121- and maintained.
972.127. (c) For purposes of determining
(b) With respect to any public housing operating subsidy eligibility, HUD will
development that is identified under consider the conversion plan the PHA
paragraph (a) of this section, the PHA submits to be the equivalent of a formal
generally must develop a 5-year plan for request to remove dwelling units from the
removal of the affected public housing units PHA's inventory and ACC. HUD will notify
from the inventory, in accordance with SEC. the PHA in writing whether it has approved
Sec. 972.130-972.136. the conversion plan. Units that are vacant or
(c) The PHA may proceed to convert vacated on or after the written notification
the development if HUD approves the date will be treated as approved for
conversion plan. deprogramming under SEC. 990.108(b)(1)
of this title and also will be provided any
Sec. 972.109 Conversion of phase-down of subsidy to which the PHA is
developments. entitled pursuant to SEC. 990.114 of this
title.
(a)(1) The PHA may proceed to convert
(d) The PHA may apply for tenant-
the development covered by a conversion
based assistance in accordance with Section
plan after receiving written approval from
8 program requirements, and HUD will give
HUD. This approval will be separate from
the PHA a priority for receiving tenant-
the approval that the PHA receives for its
based assistance to replace the public
Annual Plan.
housing units. It is HUD's policy to provide
(2) HUD anticipates that its review of a
funds for one-for-one replacement housing
conversion plan will ordinarily occur within
with either public housing or tenant-based
90 days following submission of a complete
assistance, if funds are available. HUD may
plan by the PHA. A longer process may be
require that funding for the initial year be
required where HUD's initial review of the
provided from the public housing Capital
plan raises questions that require further
Fund, Operating Fund, or both.
discussion with the PHA. In any event,
HUD will provide all PHAs with a
preliminary response within 90 days Sec. 972.112 Relationship
following submission of a conversion plan. between required conversion
(b) The PHA may not demolish or and demolition/
dispose of units or property until completion disposition requirements.
of the required environmental review under (a) Section 18 of the United States
part 58 of this title (if a responsible entity Housing Act of 1937 does not apply to
has assumed environmental responsibility demolition of developments removed from
for the project) or part 50 of this title (if the inventory of the PHA under this subpart.
HUD is performing the environmental Demolition of these developments is
review). Further, HUD will not approve a therefore not subject to section 18(g), which
conversion plan until completion of the provides an exclusion from the applicability
of the Uniform Relocation Assistance and Sec. 972.121 Developments
Real Property Acquisition Policies Act of subject to this subpart.
1970 (42 U.S.C. 4601) (URA). Accordingly,
the URA will apply to the displacement of (a) This subpart is applicable to any
tenants as the direct result of the demolition development not identified before October
of a development carried out pursuant to this 21, 1998, for conversion, or for assessment
subpart, in accordance with SEC. 972.118. of whether such conversion is required, in
With respect to any such demolition, the accordance with section 202 of the Omnibus
PHA must comply with the requirements for Consolidated Rescissions and
environmental review found at part 58 of Appropriations Act of 1996 (Pub. L. 104-
this title. {[[Page 561]]} 134, approved April 26, 1996, 110 Stat.
(b) Section 18 of the United States 1321-279--1321-281). Developments
Housing Act of 1937 does apply to any identified before October 21, 1998, continue
disposition of developments removed from to be subject to the requirements of section
the inventory of the PHA under this subpart. 202 and part 971 of this chapter until these
Therefore, to dispose of property, the PHA requirements are satisfied. Thereafter, the
must submit a disposition application under provisions of this subpart apply to any
section 18. HUD's review of any such remaining public housing on the sites of
disposition application will take into account those developments.
that the development has been required to be (b) The developments to which this
converted. subpart is applicable are subject to the
requirements of section 33 of the United
States Housing Act of 1937 (42 U.S.C.
Sec. 972.115 Relationship 1437z-5).
between required conversions (c) The provisions of this subpart cease
and HOPE VI developments. to apply when the units in a development
HUD actions to approve or deny that are subject to the requirements of this
proposed HOPE VI revitalization plans must subpart have been demolished.
be consistent with the requirements of this
subpart. Developments with HOPE VI Sec. 972.124 Standards for
revitalization grants, but without approved identifying public housing
HOPE VI revitalization plans, are fully developments subject to
subject to required conversion standards
under this subpart.
required conversion.
The development, or portions thereof,
Sec. 972.118 Applicability of must be converted if it is a general
occupancy development of 250 or more
Uniform Relocation Act. dwelling units and it meets the following
To the extent that tenants are displaced criteria:
as a direct result of the demolition, (a) The development is on the same or
acquisition, or rehabilitation of federally- contiguous sites. This refers to the actual
assisted property converted pursuant to this number and location of units, irrespective of
subpart, the requirements of the Uniform HUD development project numbers.
Relocation Assistance and Real Property (b) The development has a vacancy rate
Acquisition Policies Act of 1970 (42 U.S.C. of at least a specified percent for dwelling
4601) (URA), and the implementing units not in funded, on-schedule
regulations issued by the Department of modernization, for each of the last three
Transportation at 49 CFR part 24, apply. years, and the vacancy rate has not
Identifying Developments Subject To significantly decreased in those three years.
Required Conversion (1) For a conversion analysis performed on
or before March 16, 2009, the specified

vacancy rate is 15 percent. For a conversion excessively densely configured relative to
analysis performed after that date, the other similar rental (typically family)
specified vacancy rate is 12 percent. housing in the community; can achieve a
(2) For the determination of vacancy broader range of family income; and has no
rates, the PHA must use the data it relied other site impairments that clearly should
upon for the PHA's latest Public Housing disqualify the site from continuation as
Assessment System (PHAS) certification, as public housing.
reported on the Form HUD-51234 (report on (2) The development is more expensive
Occupancy). Units in the following for the PHA to operate as public housing
categories must not be included in this than to provide tenant-based assistance if it
calculation: has an estimated cost, during the remaining
(i) Vacant units in an approved useful life of the project, of continued
demolition or disposition program; operation and modernization of the
(ii) Vacant units in which resident development as public housing in excess of
property has been abandoned, but only if the cost of providing tenant-based assistance
state law requires the property to be left in under section 8 of the United States Housing
the unit for some period of time, and only Act of 1937 for all families in occupancy,
for the period of time stated in the law; based on appropriate indicators of cost (such
(iii) Vacant units that have sustained as the percentage of total development cost
casualty damage, but only until the required for modernization).
insurance claim is adjusted; {[[Page 562]]} (i) For purposes of this determination,
(iv) Units that are occupied by the costs used for public housing must be
employees of the PHA and units that are those necessary to produce a revitalized
used for resident services; and development as described in paragraph
(v) Units that HUD determines, in its (c)(1) of this section.
sole discretion, are intentionally vacant and (ii) These costs, including estimated
do not indicate continued distress. operating costs, modernization costs, and
(c) The development either is distressed accrual needs must be used to develop a per
housing for which the PHA cannot assure unit monthly cost of continuing the
the long-term viability as public housing, or development as public housing.
more expensive for the PHA to operate as (iii) That per unit monthly cost of
public housing than providing tenant-based public housing must be compared to the per
assistance. (1) The development is distressed unit monthly Section 8 cost.
housing for which the PHA cannot assure (iv) The cost methodology necessary to
the long-term viability as public housing conduct the cost comparisons for required
through reasonable revitalization, density conversions has not yet been finalized.
reduction, or achievement of a broader range PHAs are not required to undertake
of household income. (See SEC. 972.127) conversions under this subpart until six
(i) Properties meeting the standards set months after the effective date of the cost
forth in paragraphs (a) and (b) of this section methodology, which will be announced in
will be assumed to be ``distressed,'' unless the Federal Register. Once effective, the cost
HUD determines that the reasons a property methodology will be codified as an appendix
meets such standards are temporary in to this part.
duration and are unlikely to recur.
(ii) A development satisfies the long- Sec. 972.127 Standards for
term viability test only if it is probable that, determining whether a property
after reasonable investment, for at least 20
is viable in the long term.
years (or at least 30 years for rehabilitation
equivalent to new construction) the In order for a property to meet the
development can sustain structural/system standard of long-term viability, as discussed
soundness and full occupancy; will not be
in SEC. 972.124, the following criteria must demonstrating some mix of incomes of other
be met: households located in the same census tract
(a) The investment to be made in the or neighborhood, or unique advantages of
development is reasonable. (1) Proposed the public housing site.
revitalization costs for viability must be (2) For purposes of judging
reasonable. Such costs must not exceed, and appropriateness of density reduction and
ordinarily would be substantially less than, broader range of income measures, overall
90 percent of HUD's total development cost size of the public housing site and its
(TDC) limit for the units proposed to be number of dwelling units will be considered.
revitalized (100 percent of the total The concerns these measures would address
development cost limit for any `ìnfill'' new generally are greater as the site's size and
construction subject to this regulation). The number of dwelling units increase.
revitalization cost estimate used in the Conversion Plans
PHA's most recent Annual Plan or 5-Year
Plan is to be used for this purpose, unless the Sec. 972.130 Conversion plan
PHA demonstrates, or HUD determines, that components.
another cost estimate is clearly more
(a) With respect to any development
realistic to ensure viability and to sustain the
that is identified under SEC. Sec. 972.121
operating costs that are described in
through 972.127, the PHA generally must
paragraph (a)(2) of this section.
develop a 5-
(2) The overall projected cost of the
year plan for removal of the affected
revitalized development must not exceed the
public housing units from the inventory. The
Section 8 cost under the method contained
plan must consider relocation alternatives
in the Appendix to this part, even if the cost
for households in occupancy, including
of revitalization is a lower percentage of the
other public housing and Section 8 tenant-
TDC than the limits stated in paragraph
based assistance, and must provide for
(a)(1) of this section. {[[Page 563]]}
relocation from the units as soon as possible.
(3) The source of funding for such a
For planning purposes, the PHA must
revitalization program must be identified
assume that HUD will be able to provide in
and available. In addition to other resources
a timely fashion any necessary Section 8
already available to the PHA, it may assume
rental assistance. The plan must include:
that future formula funds provided through
(1) A listing of the public housing units
the Capital Fund over five years are
to be removed from the inventory;
available for this purpose.
(2) Identification and obligation status
(b) Appropriate density is achieved.
of any previously approved modernization,
The resulting public housing development
reconstruction, or other capital funds for the
must have a density which is comparable to
distressed development and the PHA's
that which prevails in or is appropriate for
recommendations concerning transfer of
assisted rental housing or for other similar
these funds to Section 8 or alternative public
types of housing in the community (typically
housing uses;
family).
(3) A record indicating compliance
(c) A greater income mix can be
with the statute's requirements for
achieved. (1) Measures generally will be
consultation with applicable public housing
required to broaden the range of resident
tenants of the affected development and the
incomes over time to include a significant
unit of local government where the public
mix of households with at least one full-time
housing is located, as set forth in SEC.
worker. Measures to achieve a broader range
972.133;
of household incomes must be realistic in
(4) A description of the plans for
view of the site's location. Appropriate
demolition or disposition of the public
evidence typically would include census or
housing units; and
other recent statistical evidence

(5) A relocation plan, in accordance (B) The family will be offered
with paragraph (b) of this section. comparable housing, which may include
(b) Relocation plan. The relocation plan tenant-based or project-based assistance, or
must incorporate all of the information occupancy in a unit operated or assisted by
identified in paragraphs (b)(1) through the PHA (if tenant-based assistance is used,
(b)(4) of this section. In addition, if the the comparable housing requirement is
required conversion is subject to the URA, fulfilled only upon the relocation of the
the relocation plan must also contain the family into such housing);
information identified in paragraph (b)(5) of (C) Any necessary counseling with
this section. The relocation plan must respect to the relocation will be provided,
incorporate the following: including any appropriate mobility
(1) The number of households to be counseling (the PHA may finance the
relocated, by bedroom size, and by the mobility counseling using Operating Fund,
number of accessible units. Capital Fund, or Section 8 administrative fee
(2) The relocation resources that will be funding);
necessary, including a request for any (D) Such families will be relocated to
necessary Section 8 funding and a other decent, safe, sanitary, and affordable
description of actual or potential public or housing that is, to the maximum extent
other assisted housing vacancies that can be possible, housing of their choice;
used as relocation housing and budget for (E) If the development is used as
carrying out relocation activities. housing after conversion, the PHA must
(3) A schedule for relocation and ensure that each resident may choose to
removal of units from the public housing remain in the housing, using tenant-based
inventory (including the schedule for assistance towards rent; and
providing actual and reasonable relocation (F) Where section 8 voucher assistance
expenses, as determined by the PHA, for is being used for relocation, the family will
families displaced by the conversion). be provided with the vouchers at least 90
(4) Provide for issuance of a written days before displacement.
notice to families residing in the (5) If the required conversion is subject
development in accordance with the to the URA, the written notice described in
following requirements: paragraph (b)(4) must also provide that:
(i) Timing of notice. If the required (i) The family will not be required to
conversion is not subject to the URA, move without at least 90-days advance
{[[Page 564]]} written notice of the earliest date by which
the notice shall be provided to families the family may be required to move, and
at least 90 days before displacement. If the that the family will not be required to move
required conversion is subject to the URA permanently until the family is offered
the written notice shall be provided to comparable housing, as provided in
families no later than the date the conversion paragraph (b)(4)(ii)(B) of this section;
plan is submitted to HUD. For purposes of a (ii) Any person who is an alien not
required conversion subject to the URA, this lawfully present in the United States is
written notice shall constitute the General ineligible for relocation payments or
Information Notice (GIN) required by the assistance under the URA, unless such
URA. ineligibility would result in exceptional and
(ii) Contents of notice. The written extremely unusual hardship to a qualifying
notice shall include all of the following: spouse, parent, or child, as provided in the
(A) The development must be removed URA regulations at 49 CFR 24.208;
from the public housing inventory and that (iii) The family has a right to appeal the
the family may be displaced as a result of PHA's determination as to the family's
the conversion; application for relocation assistance for
which the family may be eligible under this appropriate public housing residents in
subpart and URA; developing the conversion plan.
(iv) Families residing in the (b) The PHA may satisfy the
development will be provided with the URA requirement for consultation with public
Notice of Relocation Eligibility or Notice of officials by obtaining a certification from the
Non-displacement (as applicable) as of the appropriate government official that the
date HUD approves the conversion plan (for conversion plan is consistent with the
purposes of this subpart, the date of HUD's applicable Consolidated Plan. This may be
approval of the conversion plan shall be the the same certification as is required for the
``date of initiation of negotiations'' as that PHA Annual Plan that includes the
term is used in URA and the implementing conversion plan, so long as the certification
regulations at 49 CFR part 24); and specifically addresses the conversion plan.
(v) Any family that moves into the (c) To satisfy the requirement for
development after submission of the consultation with the appropriate public
conversion plan to HUD will also be eligible housing residents, in addition to the public
for relocation assistance, unless the PHA participation requirements for the PHA
issues a written move-in notice to the family Annual Plan, the PHA must:
prior to leasing and occupancy of the unit (1) Hold at least one meeting with the
advising the family of the development's residents of the affected sites (including the
possible conversion, the impact of the duly elected Resident Council, if any, that
conversion on the family, and that the family covers the development in question) at
will not be eligible for relocation assistance. which the PHA must:
(c) The conversion plan may not be (i) Explain the requirements of this
more than a 5-year plan, unless the PHA section, especially as they apply to the
applies for and receives approval from HUD residents of the affected developments; and
for a longer period of time. HUD may allow (ii) Provide draft copies of the
the PHA up to 10 years to remove the units conversion plan to the residents;
from the inventory, in exceptional (2) Provide a reasonable comment
circumstances where HUD determines that period for residents; and
this is clearly the most cost effective and (3) Summarize the resident comments
beneficial means of providing housing for HUD, in the conversion plan, and
assistance over that same period. For consider these comments in developing the
example, HUD may allow a longer period of final conversion plan.
time to remove the units from the public
housing inventory, where more than one Sec. 972.136 Timing of
development is being converted, and a larger submission of conversion
number of families require relocation than
plans to HUD.
can easily be absorbed into the rental market
at one {[[Page 565]]} The requirements of this section are on-
time, provided the housing has a going requirements. If the PHA must submit
remaining useful life of longer than five a plan for conversion, it must submit the
years and the longer time frame will assist in conversion plan as part of the PHA's Annual
relocation. Plan, beginning with PHA fiscal years that
commence six months after the effective
Sec. 972.133 Public and date of HUD's final rule establishing the cost
methodology for required conversions.
resident consultation process HUD Actions With Respect to
for developing a conversion Required Conversions
plan.
(a) The PHA must consult with
appropriate public officials and with the

Sec. 972.139 HUD actions with amounts attributable to the development's
respect to required share of funds under the formula, and major
reconstruction of obsolete projects funds) to
conversions. tenant- {[[Page 566]]}
(a) HUD will take appropriate steps to based assistance or appropriate site
ensure that distressed developments subject revitalization for the agency; and
to this subpart are properly identified and (5) Any other action that HUD
converted. If a PHA fails to properly determines appropriate and has the authority
identify a development for required to undertake.
conversion, or does not submit a conversion
plan for a development in the PHA Annual Subpart B_Voluntary
Plan following the Annual Plan in which the
development was identified as subject to Conversion of Public
required conversion, HUD will take the Housing Developments
actions described in paragraph (b) of this Source: 68 FR 54619, Sept. 17, 2003,
section, and may also take any or all of the unless otherwise noted.
actions described in paragraph (c) of this Purpose; Definition of Conversion
section.
(b) If a PHA fails to take the Sec. 972.200 Purpose.
conversion activities described in paragraph
(a) of this section, HUD will: This subpart implements section 22 of
(1) Disqualify the PHA from HUD the United States Housing Act of 1937 (42
funding competitions; and U.S.C. 1437t). The purposes of this subpart
(2) Direct the PHA to cease additional are to:
spending in connection with a development (a) Require PHAs to perform an
that meets, or is likely to meet the statutory assessment which considers developments
criteria, except to the extent that failure to for which conversion of public housing may
expend such amounts would endanger health be appropriate; and
or safety. (b) Provide a basis for a PHA to take
(c) If a PHA fails to take the conversion action for conversion on a voluntary basis.
activities described in paragraph (a) of this
section, HUD may also take any or all of the Sec. 972.203 Definition of
following actions: ``conversion.''
(1) Identify developments that fall For purposes of this subpart, the term
within the statutory criteria where the PHA ``conversion'' means the removal of public
has failed to do so properly; housing units from the inventory of a Public
(2) Take appropriate actions to ensure Housing Agency (PHA), and the provision
the conversion of developments where the of tenant-based, or project-based assistance
PHA has failed to adequately develop or for the residents of the public housing that is
implement a conversion plan; being removed. The term ``conversion,'' as
(3) Require the PHA to revise the used in this subpart, does not necessarily
conversion plan, or prohibit conversion, mean the physical removal of the public
where HUD has determined that the PHA housing development from the site.
has erroneously identified a development as Required Initial Assessments
being subject to the requirements of this
section; Sec. 972.206 Required initial
(4) Authorize or direct the transfer of assessments.
capital or operating funds committed to or
on behalf of the development (including (a) General. A PHA must conduct a
comprehensive improvement assistance, required initial assessment (which consists
comprehensive grant or Capital Fund of the certification described in paragraph
(b) of this section), in accordance with this Sec. 972.209 Procedure for
section, once for each of its developments, voluntary conversion of public
unless:
(1) The development is subject to
housing developments to
required conversion under 24 CFR part 971; tenant-based assistance.
(2) The development is the subject of A PHA that wishes to convert a public
an application for demolition or disposition housing development to tenant-
that has not been disapproved by HUD; based assistance must comply with the
(3) A HOPE VI revitalization grant has following process:
been awarded for the development; or (a) The PHA must perform a
(4) The development is designated for conversion assessment, in accordance with
occupancy by the elderly and/ SEC. Sec. 972.218-972.224 and submit it to
or persons with disabilities (i.e., is not a HUD as part of the next PHA Annual Plan
general occupancy development). submission.
(b) Certification procedure. For each (b) The PHA must prepare a conversion
development, the PHA shall certify that it plan, in accordance with SEC. 972.227-
has: 972.233, and submit it to HUD, as part of its
(1) Reviewed the development's PHA Annual Plan, within one year after
operation as public housing; submitting the conversion assessment. The
(2) Considered the implications of PHA may submit the conversion plan in the
converting the public housing to tenant- same Annual Plan as the conversion
based assistance; and assessment. {[[Page 567]]}
(3) Concluded that conversion of the (c) The PHA may proceed to convert
development may be: the development if HUD approves the
(i) Appropriate because removal of the conversion plan.
development would meet the necessary
conditions for voluntary conversion Sec. 972.212 Timing of
described in SEC. 972.224; or voluntary conversion.
(ii) Inappropriate because removal of
(a) A PHA may proceed to convert a
the development would not meet the
development covered by a conversion plan
necessary conditions for voluntary
only after receiving written approval of the
conversion described SEC. 972.224.
conversion plan from HUD. This approval
(c) Documentation. A PHA must
will be separate from the approval that the
maintain documentation of the reasoning
PHA receives for its PHA Annual Plan. A
with respect to each required initial
PHA may apply for tenant-based assistance
assessment.
in accordance with Section 8 program
(d) Timing of submission. Consistent
requirements and will be given priority for
with statutory submission requirements, the
receiving tenant-based assistance to replace
results of each required initial assessment
the public housing units.
(consisting of the certification described in
(b) A PHA may not demolish or
paragraph (b) of this section) must be
dispose of units or property until completion
submitted to HUD as part of the next PHA
of the required environmental review under
Annual Plan after its completion.
part 58 of this title (if a Responsible Entity
Voluntary Conversion Procedure
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 development as public housing for the
for deprogramming and may authorize the remainder of its useful life. The cost
PHA to undertake other activities proposed methodology necessary to conduct the cost
in the conversion plan that do not require comparisons for voluntary conversions has
environmental review (such as certain not yet been finalized. PHAs may not
activities related to the relocation of undertake conversions under this subpart
residents), as long as the buildings in until the effective date of the cost
question are adequately secured and methodology, which will be announced in
maintained. the Federal Register. Once effective, the cost
(c) For purposes of determining methodology will be codified as an appendix
operating subsidy eligibility, the submitted to this part.
conversion plan will be considered the (b) Analysis of the market value. (1) A
equivalent of a formal request to remove PHA must have an independent appraisal
dwelling units from the PHA's inventory and conducted to compare the market value of
Annual Contributions Contract (ACC). the development before and after
Units that are vacant or are vacated on or rehabilitation. In both cases, the market
after the written notification date will be value must be based on the use of the
treated as approved for deprogramming development as public housing.
under SEC. 990.108(b)(1) of this title, and (2) In addition, the appraisal must
will also be provided the phase down of compare:
subsidy pursuant to SEC. 990.114 of this (i) The market value of the
title. development before rehabilitation, based on
(d) HUD may require that funding for the use of the development as public
the initial year of tenant- housing, with the market value of the
based assistance be provided from the development after conversion; with
public housing Capital Fund, Operating (ii) The market value of the
Fund, or both. development after rehabilitation, based on
the use of the development as public
Sec. 972.215 Applicability of the housing, with the market value of the
Uniform Relocation Act. development after conversion.
(3) A copy of the appraisal findings and
To the extent that tenants are displaced
the analysis of market value of the {[[Page
as a direct result of the demolition,
568]]}
acquisition, or rehabilitation of federally-
development in the conversion
assisted property converted under this
assessment must be provided in the
subpart, the requirements of the Uniform
conversion assessment.
Relocation Assistance and Real Property
(c) Analysis of rental market
Acquisition Policies Act of 1970 (42 U.S.C.
conditions. (1) A PHA must conduct an
4601) (URA), and the implementing
analysis of the likely success of using
regulations issued by the Department of
tenant-based assistance for the residents of
Transportation at 49 CFR part 24, apply.
the public housing development. This
Conversion Assessments
analysis must include an assessment of the
availability of decent, safe, and sanitary
Sec. 972.218 Conversion dwelling units rented at or below the
assessment components. applicable Section 8 payment standard
The conversion assessment contains established for the jurisdiction or designated
five elements, as described below: part of the FMR area in which the
(a) Cost analysis. A PHA must conduct development is located.
a cost analysis comparing the cost of (2) In conducting this assessment, a
providing Section 8 tenant-based assistance PHA must take into account:
with the cost of continuing to operate the
(i) Its overall use of rental certificates assessment, a PHA must ensure that the
or vouchers under lease and the success analysis of rental market conditions is based
rates of using Section 8 tenant-based on the most recently available data, and
assistance in the community for the must include any data that have changed
appropriate bedroom sizes, including recent since the initial conversion assessment. A
success rates for units renting at or below PHA may submit the initial cost analysis
the established payment standard; and and comparison of the market value of the
(ii) Any particular characteristics of the public housing before and after
specific residents of the public housing rehabilitation and/or conversion if there is
which may affect their ability to be housed no reason to believe that such information
(such as large household size or the presence has changed significantly.
of an elderly or disabled family member).
(d) Impact analysis. A PHA must Sec. 972.224 Necessary
describe the likely impact of conversion of conditions for HUD approval of
the public housing development on the
conversion.
neighborhood in which the public housing is
located. This must include: (a) Conditions. In order to convert a
(1) The impact on the availability of public housing development, the PHA must
affordable housing in the neighborhood; conduct a conversion assessment that
(2) The impact on the concentration of demonstrates that the conversion of the
poverty in the neighborhood; and development:
(3) Other substantial impacts on the (1) Will not be more expensive than
neighborhood. continuing to operate the development (or
(e) Conversion implementation. If a portion of it) as public housing;
PHA intends to convert the development (or (2) Will principally benefit the
a portion of it) to tenant-based assistance, residents of the public housing development
the conversion assessment must include a (or portion thereof) to be converted, the
description of any actions the PHA plans to PHA, and the community; and
take in converting the development. This (3) Will not adversely affect the
must include a general description of the availability of affordable housing in the
planned future uses of the development, and community.
the means and timetable for accomplishing (b) Evidence. (1) Relative expense. The
such uses. relative expense of continuing operation as
public housing or conversion to tenant-based
Sec. 972.221 Timing of assistance may be demonstrated by the cost
analysis and market value analysis.
submission of conversion (2) Benefit to residents, PHA, and the
assessments to HUD. community. (i) The benefit to residents, the
(a) Submission with PHA Plan. A PHA PHA, and the community may be
that wishes to convert a public housing demonstrated in the rental market analysis,
development to tenant-based assistance must the analysis of the impact on {[[Page 569]]}
submit a conversion assessment to HUD the neighborhood, the market value
with its next PHA Annual Plan. analysis, and the proposed future use of the
(b) Updated conversion assessment. development. In determining whether a
Where a PHA proposes to convert a conversion will principally benefit residents,
development to tenant-based assistance, it the PHA, and the community, HUD will
must submit an updated conversion consider whether the conversion will
assessment if the conversion assessment conflict with any litigation settlement
otherwise would be more than one year agreements, voluntary compliance
older than the conversion plan to be agreements, or other remedial agreements
submitted to HUD. To update a conversion signed by the PHA with HUD.

(ii) In making the determination of jurisdiction's Consolidated Plan. This may
whether a conversion would principally be the same certification as is required for
benefit residents, the PHA, and the the PHA Annual Plan that includes the
community, the PHA must consider such conversion plan, so long as the certification
factors as the availability of landlords specifically addresses the conversion plan.
providing tenant- (c) To satisfy the requirement for
based assistance, as well as access to significant participation by residents of the
schools, jobs, and transportation. development, in addition to the public
(iii) To determine the benefit to participation requirements for the PHA
residents, the PHA must hold at least one Annual Plan, a PHA must:
public meeting with residents of the affected (1) Hold at least one meeting with the
site (including the duly elected Resident residents of the affected sites (including the
Council, if any, that covers the development duly elected Resident Council, if any, that
in question). At the meeting, the PHA must: covers the development in question) at
(A) Explain the requirements of section which the PHA must:
22 of the United States Housing Act of 1937 (i) Explain the requirements of section
and these regulations, especially as they 22 of the United States Housing Act of 1937
apply to residents of affected developments; and these regulations, especially as they
(B) Provide draft copies of the apply to residents of affected developments;
conversion assessment to the residents; and and
(C) Provide the residents with a (ii) Provide draft copies of the
reasonable period of time to submit conversion plan to them.
comments on the draft conversion (2) Provide a reasonable comment
assessment. period for residents; and
(iv) The conversion assessment (3) Summarize the resident comments
submitted to HUD must contain a summary (as well as the PHA responses to the
of the resident comments, and the PHA significant issues raised by the commenters)
responses to any significant issues raised by for HUD, and consider these comments in
the commenters. developing the final conversion plan.
(3) Impact on affordable housing. The
impact on affordable housing may be Sec. 972.230 Conversion plan
demonstrated in the rental market analysis components.
and the analysis of the impact of conversion
A conversion plan must:
on the neighborhood.
(a) Describe the conversion and future
Conversion Plans
use or disposition of the public housing
development. If the future use of the
Sec. 972.227 Public and development is demolition or disposition,
resident consultation process the PHA is not required to submit a
for developing a conversion demolition or disposition application, so
plan. long as the PHA submits, and HUD
(a) A conversion plan must be approves, a conversion plan that includes a
developed in consultation with appropriate description of the future uses of the
public officials and with significant development.
participation by residents of the (b) Include an impact analysis of the
development. conversion on the affected community. This
(b) The requirement for consultation may include the description that is required
with public officials may be satisfied by as part of the conversion assessment.
obtaining a certification from the (c) Include a description of how the
appropriate state or local officials that the conversion plan is consistent with the
conversion plan is consistent with that
findings of the conversion assessment (i) Timing of notice. If the voluntary
{[[Page 570]]} conversion is not subject to the URA, the
undertaken in accordance with SEC. notice shall be provided to families at least
972.218. 90 days before displacement. If the
(d) Include a summary of the resident voluntary conversion is subject to the URA
comments received when developing the the written notice shall be provided to
conversion plan, and the PHA responses to families no later than the date the conversion
the significant issues raised by the plan is submitted to HUD. For purposes of a
commenters (including a description of any voluntary conversion subject to the URA,
actions taken by the PHA as a result of the this written notice shall constitute the
comments). General Information Notice (GIN) required
(e) Confirm that any proceeds received by the URA.
from the conversion are subject to the (ii) Contents of notice. The written
limitations under section 18(a)(5) of the notice shall include all of the following:
United States Housing Act of 1937 (42 (A) The development will no longer be
U.S.C. 1437p(a)(5)) applicable to proceeds used as public housing and that the family
resulting from demolition or disposition. may be displaced as a result of the
(f) Summarize why the conversion conversion;
assessment for the public housing project (B) The family will be offered
supports the three conditions necessary for comparable housing, which may include
conversion described in SEC. 972.224. tenant-based or project-based assistance, or
(g) Include a relocation plan that occupancy in a unit operated or assisted by
incorporates all of the information identified the PHA (if tenant-based assistance is used,
in paragraphs (g)(1) through (g)(4) of this the comparable housing requirement is
section. In addition, if the required fulfilled only upon relocation of the family
conversion is subject to the URA, the into such housing);
relocation plan must also contain the (C) Any necessary counseling with
information identified in paragraph (g)(5) of respect to the relocation will be provided,
this section. The relocation plan must including any appropriate mobility
incorporate the following: counseling (the PHA may finance the
(1) The number of households to be mobility counseling using Operating Fund,
relocated, by bedroom size, by the number Capital Fund, or Section 8 administrative fee
of accessible units. funding);
(2) The relocation resources that will be (D) The family will be relocated to
necessary, including a request for any other decent, safe, sanitary, and affordable
necessary Section 8 funding and a housing that is, to the maximum extent
description of actual or potential public or possible, housing of their choice;
other assisted housing vacancies that can be (E) If the development is used as
used as relocation housing and budget for housing after conversion, the PHA must
carrying out relocation activities. ensure that each resident may choose to
(3) A schedule for relocation and remain in the housing, using tenant-based
removal of units from the public housing assistance towards rent;
inventory (including the schedule for (F) Where Section 8 voucher assistance
providing actual and reasonable relocation is being used for relocation, the family will
expenses, as determined by the PHA, for be provided with the vouchers at least 90
families displaced by the conversion). days before displacement;
(4) Provide for issuance of a written (5) Additional information required for
notice to families residing in the conversions subject to the URA. If the
development in accordance with the voluntary conversion is subject to the URA,
following requirements: the written notice described in paragraph
(g)(4) must also provide that:

(i) The family will not be required to prepare a conversion plan, in accordance
move without at least 90-days advance with SEC. 972.230, and submit it to HUD,
written notice of the earliest date by which as part of the next PHA Annual Plan within
the family may be required to move, and one year after submitting the full conversion
that the family will not be required to move assessment, or as a significant amendment to
permanently until the family is offered that Annual Plan. The PHA may also submit
comparable housing as provided in the conversion plan in the same Annual Plan
paragraph (g)(4)(ii)(B) of this section; as the conversion assessment.
{[[Page 571]]}
(ii) Any person who is an alien not Sec. 972.236 HUD process for
lawfully present in the United States is approving a conversion plan.
ineligible for relocation payments or
Although a PHA will submit its
assistance under the URA, unless such
conversion plan to HUD as part of the PHA
ineligibility would result in exceptional and
Annual Plan, the conversion plan will be
extremely unusual hardship to a qualifying
treated separately for purposes of HUD
spouse, parent, or child, as provided in the
approval. A PHA needs a separate written
URA regulations at 49 CFR 24.208.
approval from HUD in order to proceed with
(iii) The family has a right to appeal the
conversion. HUD anticipates that its review
PHA's determination as to the family's
of a conversion plan will ordinarily occur
application for relocation assistance for
within 90 days following submission of a
which the family may be eligible under this
complete plan by the PHA. A longer process
subpart and URA.
may be required where HUD's initial review
(iv) Families residing in the
of the plan raises questions that require
development will be provided with the URA
further discussion with the PHA. In any
Notice of Relocation Eligibility or Notice of
event, HUD will provide all PHAs with a
Non-displacement (as applicable) as of the
preliminary response within 90 days
date HUD approves the conversion plan (for
following submission of a conversion plan.
purposes of this subpart, the date of HUD's
A lack of a HUD response within this time
approval of the conversion plan shall be the
frame will constitute automatic HUD
``date of initiation of negotiations'' as that
approval of the conversion plan.
term is used in URA and the implementing
regulations at 49 CFR part 24).
(v) Any family that moves into the Sec. 972.239 HUD actions with
development after submission of the respect to a conversion plan.
conversion plan to HUD will also be eligible (a) When a PHA submits a conversion
for relocation assistance, unless the PHA plan to HUD, HUD will review it to
issues a written move-in notice to the family determine whether:
prior to leasing and occupancy of the unit (1) The conversion plan is complete
advising the family of the development's and includes all of the information required
possible conversion, the impact of the under SEC. 972.230; and
conversion on the family, and that the family (2) The conversion plan is consistent
will not be eligible for relocation assistance. with the conversion assessment the PHA
submitted.
Sec. 972.233 Timing of (b) HUD will disapprove a conversion
submission of conversion plan only if HUD determines that:
plans to HUD. (1) The conversion plan is plainly
inconsistent with the conversion assessment;
A PHA that wishes to convert a public (2) There is reliable information and
housing project to tenant- data available to the Secretary that
based assistance must submit a contradicts the conversion assessment; or
conversion plan to HUD. A PHA must
49 CFR 24 Uniform Relocation Assistance
(3) The conversion plan is incomplete
or otherwise fails to meet the requirements
under SEC. 972.230. 49 CFR 24 Uniform
Relocation Assistance
[Revised as of October 1, 2003]
[Page 199-238]
TITLE 49--TRANSPORTATION
Subtitle A--Office of the Secretary of
Transportation
PART 24_UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY
ACQUISITION FOR FEDERAL AND
FEDERALLY ASSISTED PROGRAMS
Subpart A_General
24.1 Purpose.
24.2 Definitions.
24.3 No duplication of payments.
24.4 Assurances, monitoring and
corrective action.
24.5 Manner of notices.
24.6 Administration of jointly-funded
projects.
24.7 Federal agency waiver of
regulations.
24.8 Compliance with other laws and
regulations.
24.9 Recordkeeping and reports.
24.10 Appeals.
Subpart B_Real Property Acquisition

24.101 Applicability of acquisition
requirements.
24.102 Basic acquisition policies.
24.103 Criteria for appraisals.
24.104 Review of appraisals.
24.105 Acquisition of tenant-owned
improvements.
24.106 Expenses incidental to transfer
of title to the Agency.
24.107 Certain litigation expenses.
24.108 Donations.
Subpart C_General Relocation

Requirements
24.201 Purpose.

24.202 Applicability. 24.504 Replacement housing payment
24.203 Relocation notices. for 90-day mobile home occupants.
24.204 Availability of comparable 24.505 Additional rules governing
replacement dwelling before displacement. relocation payments to mobile home
24.205 Relocation planning, advisory occupants.
services, and coordination.
24.206 Eviction for cause. Subpart G_Certification
24.207 General requirements--claims 24.601 Purpose.
for relocation payments. 24.602 Certification application.
24.208 Aliens not lawfully present in 24.603 Monitoring and corrective
the United States. action.
24.209 Relocation payments not
considered as income. {[[Page 200]]} Appendix A to Part 24--Additional
Information
Subpart D_Payments for Moving and Appendix B to Part 24--Statistical
Related Expenses Report Form
24.301 Payment for actual reasonable
moving and related expenses-- Authority: 42 U.S.C. 4601 et seq.; 49
residential moves. CFR 1.48(cc).
24.302 Fixed payment for moving Source: 54 FR 8928, Mar. 2, 1989,
expenses--residential moves. unless otherwise noted.
24.303 Payment for actual reasonable
moving and related expenses-- Subpart A_General
nonresidential moves.
24.304 Reestablishment expenses-- Sec. 24.1 Purpose.
nonresidential moves.
24.305 Ineligible moving and related The purpose of this part is to
expenses. promulgate rules to implement the Uniform
24.306 Fixed payment for moving Relocation Assistance and Real Property
expenses--nonresidentia1 moves. Acquisition Policies Act of 1970, as
24.307 Discretionary utility relocation amended (42 U.S.C. 4601 et seq.), in
payments. accordance with the following objectives:
(a) To ensure that owners of real
Subpart E_Replacement Housing property to be acquired for Federal and
Payments federally-assisted projects are treated fairly
24.401 Replacement housing payment and consistently, to encourage and expedite
for 180-day homeowner-occupants. acquisition by agreements with such owners,
24.402 Replacement housing payment to minimize litigation and relieve congestion
for 90-day occupants. in the courts, and to promote public
24.403 Additional rules governing confidence in Federal and federally-
replacement housing payments. assisted land acquisition programs;
24.404 Replacement housing of last (b) To ensure that persons displaced as
resort. a direct result of Federal or federally-
assisted projects are treated fairly,
Subpart F_Mobile Homes consistently, and equitably so that such
24.501 Applicability. persons will not suffer disproportionate
24.502 Moving and related expenses-- injuries as a result of projects designed for
mobile homes. the benefit of the public as a whole; and
24.503 Replacement housing payment (c) To ensure that Agencies implement
for 180-day mobile homeowner- these regulations in a manner that is efficient
occupants. and cost effective.
[54 FR 8928, Mar. 2, 1989; 54 FR States as defined in 8 CFR 103.12 and
24712, June 9, 1989] includes:
(1) An alien present in the United
Sec. 24.2 Definitions. States who has not been admitted or paroled
Agency. The term Agency means the into the United States pursuant to the
Federal agency, State, State agency, or Immigration and Nationality Act and whose
person that acquires real property or stay in the United States has not been
displaces a person. authorized by the United States Attorney
(1) Acquiring agency. The term General, and
acquiring agency means a State agency, as (2) An alien who is present in the
defined in paragraph (a)(4) of this section, United States after the expiration of the
which has the authority to acquire property period of stay authorized by the United
by eminent domain under State law, and a States Attorney General or who otherwise
State agency or person which does not have violates the terms and conditions of
such authority. Any Agency or person solely admission, parole or authorization to stay in
acquiring property pursuant to the the United States.
provisions of SEC. 24.101(a) (1), (2), (3), or Appraisal. The term appraisal means a
(4) need not provide the assurances required written statement independently and
by SEC. 24.4(a)(1) or (2). impartially prepared by a qualified appraiser
(2) Displacing agency. The term setting forth an opinion of defined value of
displacing agency means any Federal an adequately described property as of a
agency carrying out a program or project, specific date, supported by the presentation
and any State, State agency, or person and analysis of relevant market information.
carrying out a program or project with Business. The term business means any
Federal financial assistance, which causes a lawful activity, except a farm operation, that
person to be a displaced person. is conducted:
(3) Federal agency. The term Federal (1) Primarily for the purchase, sale,
agency means any department, Agency, or lease and/or rental of personal and/or real
instrumentality in the executive branch of property, and/or for the manufacture,
the Government, any wholly owned processing, and/or marketing of products,
Government corporation, the Architect of commodities, and/or any other personal
the Capitol, the Federal Reserve Banks and property; or
branches thereof, and any person who has (2) Primarily for the sale of services to
the authority {[[Page 201]]} the public; or
to acquire property by eminent domain (3) Primarily for outdoor advertising
under Federal law. display purposes, when the display must be
(4) State agency. The term State agency moved as a result of the project; or
means any department, Agency or (4) By a nonprofit organization that has
instrumentality of a State or of a political established its nonprofit status under
subdivision of a State, any department, applicable Federal or State law.
Agency, or instrumentality of two or more Citizen. The term ``citizen,'' for
States or of two or more political purposes of this part, includes both citizens
subdivisions of a State or States, and any of the United States and noncitizen
person who has the authority to acquire nationals.
property by eminent domain under State Comparable replacement dwelling. The
law. term comparable replacement dwelling
Alien not lawfully present in the United means a dwelling which is:
States. The phrase `àlien not lawfully (1) Decent, safe and sanitary as
present in the United States'' means an alien described in paragraph (f) of this section;
who is not ``lawfully present'' in the United (2) Functionally equivalent to the
displacement dwelling. The term

functionally equivalent means that it homeowner) is considered to be within the
performs the same function, provides the homeowner's financial means if the
same utility, and is capable of contributing homeowner will receive the full price
to a comparable style of living. While a differential as described in SEC. 24.401(c),
comparable replacement dwelling need not all increased mortgage interest costs as
possess every feature of the displacement described at SEC. 24.401(d) and all
dwelling, the principal features must be incidental expenses as described at SEC.
present. Generally, functional equivalency is 24.401(e), plus any additional amount
an objective standard, reflecting the range of required to be paid under SEC. 24.404,
purposes for which the various physical Replacement housing of last resort.
features of a dwelling may be used. (ii) A replacement dwelling rented by
However, in determining whether a an eligible displaced person is considered to
replacement dwelling is functionally be within his or her financial means if, after
equivalent to the displacement dwelling, the receiving rental assistance under this part,
Agency may consider reasonable trade-offs the person's monthly rent and estimated
for specific features when the replacement average monthly utility costs for the
unit is equal to or better than the replacement dwelling do not exceed the
displacement dwelling. (See appendix A of person's base monthly rental for the
this part); displacement dwelling as described at SEC.
(3) Adequate in size to accommodate 24.402(b)(2).
the occupants; (iii) For a displaced person who is not
(4) In an area not subject to eligible to receive a replacement housing
unreasonable adverse environmental payment because of the person's failure to
conditions; meet length-of-occupancy requirements,
(5) In a location generally not less comparable replacement rental housing is
desirable than the location of the displaced considered to be within the person's
person's dwelling with respect to public financial means if an Agency pays that
utilities and commercial and public portion of the monthly housing costs of a
facilities, and reasonably accessible to the replacement dwelling which exceeds 30
person's place of employment; percent of such person's gross monthly
(6) On a site that is typical in size for household income or, if receiving a welfare
residential development with normal site assistance payment from a program that
improvements, including customary designates amounts for shelter and utilities,
landscaping. The site need not include the total of the amounts designated for
special improvements such as outbuildings, shelter and utilities. Such rental assistance
swimming pools, or greenhouses. (See also must be paid under SEC. 24.404,
SEC. 24.403(a)(2).); Replacement housing of last resort.
(7) Currently available to the displaced Contribute materially. The term
person on the private market. However, a contribute materially means that during the 2
comparable replacement dwelling for a taxable years prior to the taxable year in
person receiving government housing which displacement occurs, or during such
assistance before displacement may reflect other period as the Agency determines to be
similar government housing assistance. (See more equitable, a business or farm
appendix A of this part.); and {[[Page operation:
202]]} (1) Had average annual gross receipts
(8) Within the financial means of the of at least $5000; or
displaced person. (2) Had average annual net earnings of
(i) A replacement dwelling purchased at least $1000; or
by a homeowner in occupancy at the (3) Contributed at least 33\1/3\ percent
displacement dwelling for at least 180 days of the owner's or operator's average annual
prior to initiation of negotiations (180-day gross income from all sources.
(4) If the application of the above or use of the dwelling by such displaced
criteria creates an inequity or hardship in person. {[[Page 203]]}
any given case, the Agency may approve the Displaced person--(1) General. The
use of other criteria as determined term ``displaced person'' means, except as
appropriate. provided in paragraph (2) of this definition,
Decent, safe, and sanitary dwelling. any person who moves from the real
The term decent, safe, and sanitary dwelling property or moves his or her personal
means a dwelling which meets applicable property from the real property: (This
housing and occupancy codes. However, includes a person who occupies the real
any of the following standards which are not property prior to its acquisition, but who
met by an applicable code shall apply unless does not meet the length of occupancy
waived for good cause by the Federal requirements of the Uniform Act as
agency funding the project. The dwelling described at SEC. Sec. 24.401(a) and
shall: 24.402(a)):
(1) Be structurally sound, weathertight, (i) As a direct result of a written notice
and in good repair. of intent to acquire, the initiation of
(2) Contain a safe electrical wiring negotiations for, or the acquisition of, such
system adequate for lighting and other real property in whole or in part for a
devices. project.
(3) Contain a heating system capable of (ii) As a direct result of rehabilitation or
sustaining a healthful temperature (of demolition for a project; or
approximately 70 degrees) for a displaced (iii) As a direct result of a written
person, except in those areas where local notice of intent to acquire, or the acquisition,
climatic conditions do not require such a rehabilitation or demolition of, in whole or
system. in part, other real property on which the
(4) Be adequate in size with respect to person conducts a business or farm
the number of rooms and area of living operation, for a project. However, eligibility
space needed to accommodate the displaced for such person under this paragraph applies
person. There shall be a separate, well only for purposes of obtaining relocation
lighted and ventilated bathroom that assistance advisory services under SEC.
provides privacy to the user and contains a 24.205(c), and moving expenses under SEC.
sink, bathtub or shower stall, and a toilet, all 24.301, SEC. 24.302 or SEC. 24.303.
in good working order and properly (2) Persons not displaced. The
connected to appropriate sources of water following is a nonexclusive listing of
and to a sewage drainage system. In the case persons who do not qualify as displaced
of a housekeeping dwelling, there shall be a persons under this part:
kitchen area that contains a fully usable sink, (i) A person who moves before the
properly connected to potable hot and cold initiation of negotiations (see also SEC.
water and to a sewage drainage system, and 24.403(d)), unless the Agency determines
adequate space and utility service that the person was displaced as a direct
connections for a stove and refrigerator. result of the program or project; or
(5) Contains unobstructed egress to (ii) A person who initially enters into
safe, open space at ground level. If the occupancy of the property after the date of
replacement dwelling unit is on the second its acquisition for the project; or
story or above, with access directly from or (iii) A person who has occupied the
through a common corridor, the common property for the purpose of obtaining
corridor must have at least two means of assistance under the Uniform Act;
egress. (iv) A person who is not required to
(6) For a displaced person who is relocate permanently as a direct result of a
handicapped, be free of any barriers which project. Such determination shall be made
would preclude reasonable ingress, egress, by the Agency in accordance with any

guidelines established by the Federal agency for cause, under applicable law, as provided
funding the project (see also appendix A of for in SEC. 24.206.
this part); or (xii) A person who is not lawfully
(v) An owner-occupant who moves as a present in the United States and who has
result of an acquisition as described at SEC. been determined to be ineligible for
Sec. 24.101(a) (1) and (2) , or as a result of relocation benefits in accordance with SEC.
the rehabilitation or demolition of the real 24.208.
property. (However, the displacement of a Dwelling. The term dwelling means the
tenant as a direct result of any acquisition, place of permanent or customary and usual
rehabilitation or demolition for a Federal or residence of a person, according to local
federally-assisted project is subject to this custom or law, including a single family
part.); or house; a single family {[[Page 204]]}
(vi) A person whom the Agency unit in a two-family, multi-family, or
determines is not displaced as a direct result multi-purpose property; a unit of a
of a partial acquisition; or condominium or cooperative housing
(vii) A person who, after receiving a project; a non-housekeeping unit; a mobile
notice of relocation eligibility (described at home; or any other residential unit.
SEC. 24.203(b)), is notified in writing that Farm operation. The term farm
he or she will not be displaced for a project. operation means any activity conducted
Such notice shall not be issued unless the solely or primarily for the production of one
person has not moved and the Agency or more agricultural products or
agrees to reimburse the person for any commodities, including timber, for sale or
expenses incurred to satisfy any binding home use, and customarily producing such
contractual relocation obligations entered products or commodities in sufficient
into after the effective date of the notice of quantity to be capable of contributing
relocation eligibility; or materially to the operator's support.
(viii) An owner-occupant who Federal financial assistance. The term
voluntarily conveys his or her property, as Federal financial assistance means a grant,
described at SEC. 24.101(a) (1) and (2), loan, or contribution provided by the United
after being informed in writing that if a States, except any Federal guarantee or
mutually satisfactory agreement on terms of insurance and any interest reduction
the conveyance cannot be reached, the payment to an individual in connection with
Agency will not acquire the property. In the purchase and occupancy of a residence
such cases, however, any resulting by that individual.
displacement of a tenant is subject to the Initiation of negotiations. Unless a
regulations in this part; or different action is specified in applicable
(ix) A person who retains the right of Federal program regulations, the term
use and occupancy of the real property for initiation of negotiations means the
life following its acquisition by the Agency; following:
or (1) Whenever the displacement results
(x) An owner who retains the right of from the acquisition of the real property by a
use and occupancy of the real property for a Federal agency or State agency, the
fixed term after its acquisition by the initiation of negotiations means the delivery
Department of the Interior under Public Law of the initial written offer of just
93-477 or Public Law 93-303, except that compensation by the Agency to the owner or
such owner remains a displaced person for the owner's representative to purchase the
purposes of subpart D of this part; or real property for the project. However, if the
(xi) A person who is determined to be Federal agency or State agency issues a
in unlawful occupancy prior to the initiation notice of its intent to acquire the real
of negotiations (see paragraph (y) of this property, and a person moves after that
section), or a person who has been evicted notice, but before de1ivery to the initial
written purchase offer, the initiation of negotiation and/or prior to the commitment
negotiations means the actual move of the of Federal financial assistance.
person from the property. Owner of a dwelling. A person is
(2) Whenever the displacement is considered to have met the requirement to
caused by rehabilitation, demolition or own a dwelling if the person purchases or
privately undertaken acquisition of the real holds any of the following interests in real
property (and there is no related acquisition property;
by a Federal agency or a State agency), the (1) Fee title, a life estate, a land
initiation of negotiations means the notice to contract, a 99-year lease, or a lease
the person that he or she will be displaced including any options for extension with at
by the project or, if there is no notice, the least 50 years to run from the date of
actual move of the person from the property. acquisition; or
(3) In the case of a permanent (2) An interest in a cooperative housing
relocation to protect the public health and project which includes the right to occupy a
welfare, under the Comprehensive dwelling; or {[[Page 205]]}
Environmental Response Compensation and (3) A contract to purchase any of the
Liability Act of 1980 (Pub. L. 96-510, or interests or estates described in paragraphs
Superfund) the initiation of negotiations (p) (1) or (2) of this section, or
means the formal announcement of such (4) Any other interest, including a
relocation or the Federal or federally- partial interest, which in the judgment of the
coordinated health advisory where the Agency warrants consideration as
Federal Government later decides to conduct ownership.
a permanent relocation. Person. The term person means any
Lead agency. The term lead agency individual, family, partnership, corporation,
means the Department of Transportation or association.
acting through the Federal Highway Program or project. The phrase
Administration. program or project means any activity or
Mortgage. The term mortgage means series of activities undertaken by a Federal
such classes of liens as are commonly given agency or with Federal financial assistance
to secure advances on, or the unpaid received or anticipated in any phase of an
purchase price of, real property, under the undertaking in accordance with the Federal
laws of the State in which the real property funding agency guidelines.
is located, together with the credit Salvage value. The term salvage value
instruments, if any, secured thereby. means the probable sale price of an item, if
Nonprofit organization. The term offered for sale on the condition that it will
nonprofit organization means an be removed from the property at the buyer's
organization that is incorporated under the expense, allowing a reasonable period of
applicable laws of a State as a non-profit time to find a person buying with knowledge
organization, and exempt from paying of the uses and purposes for which it is
Federal income taxes under section 501 of adaptable and capable of being used,
the Internal Revenue Code (26 U.S.C. 501). including separate use of serviceable
Notice of intent to acquire or notice of components and scrap when there is no
eligibility for relocation assistance. Written reasonable prospect of sale except on that
notice furnished to a person to be displaced, basis.
including those to be displaced by Small business. A business having not
rehabilitation or demolition activities from more than 500 employees working at the site
property acquired prior to the commitment being acquired or displaced by a program or
of Federal financial assistance to the project, which site is the location of
activity, that establishes eligibility for economic activity. Sites occupied solely by
relocation benefits prior to the initiation of outdoor advertising signs, displays, or

devices do not qualify as a business for undertaken by the displacing agency. It
purposes of SEC. 24.304. includes removing and reinstalling the
State. Any of the several States of the facility, including necessary temporary
United States or the District of Columbia, facilities; acquiring necessary right-of-way
the Commonwealth of Puerto Rico, any on new location; moving, rearranging or
territory or possession of the United States, changing the type of existing facilities; and
or a political subdivision of any of these taking any necessary safety and protective
jurisdictions. measures. It shall also mean constructing a
Tenant. The term tenant means a person replacement facility that has the functional
who has the temporary use and occupancy equivalency of the existing facility and is
of real property owned by another. necessary for the continued operation of the
Uneconomic remnant. The term utility service, the project economy, or
uneconomic remnant means a parcel of real sequence of project construction.
property in which the owner is left with an [54 FR 8928, Mar. 2, 1989; 54 FR
interest after the partial acquisition of the 24712, June 9, 1989; 58 FR 26072, Apr. 30,
owner's property, and which the acquiring 1993; 64 FR 7131, Feb. 12, 1999]
agency has determined has little or no value
or utility to the owner. Sec. 24.3 No duplication of
Uniform Act. The term Uniform Act payments.
means the Uniform Relocation Assistance
No person shall receive any payment
and Real Property Acquisition Policy Act of
under this part if that person receives a
1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.;
payment under Federal, State, or local law
Pub. L. 91-646), and amendments thereto.
which is determined by the Agency to have
Unlawful occupancy. A person is
the same purpose and {[[Page 206]]}
considered to be in unlawful occupancy if
effect as such payment under this part.
the person has been ordered to move by a
(See appendix A of this part, SEC. 24.3.)
court of competent jurisdiction prior to the
initiation of negotiations or is determined by
the Agency to be a squatter who is Sec. 24.4 Assurances,
occupying the real property without the monitoring and corrective
permission of the owner and otherwise has action.
no legal right to occupy the property under (a) Assurances--(1) Before a Federal
State law. A displacing agency may, at its agency may approve any grant to, or
discretion, consider such a squatter to be in contract, or agreement with, a State agency
lawful occupancy. under which Federal financial assistance
Utility costs. The term utility costs will be made available for a project which
means expenses for heat, lights, water and results in real property acquisition or
sewer. displacement that is subject to the Uniform
Utility facility. The term utility facility Act, the State agency must provide
means any electric, gas, water, steampower, appropriate assurances that it will comply
or materials transmission or distribution with the Uniform Act and this part. A
system; any transportation system; any displacing agency's assurances shall be in
communications system, including cable accordance with section 210 of the Uniform
television; and any fixtures, equipment, or Act. An acquiring agency's assurances shall
other property associated with the operation, be in accordance with section 305 of the
maintenance, or repair of any such system. Uniform Act and must contain specific
A utility facility may be publicly, privately, reference to any State law which the Agency
or cooperatively owned. believes provides an exception to section
Utility relocation. The term utility 301 or 302 of the Uniform Act. If, in the
relocation means the adjustment of a utility judgment of the Federal agency, Uniform
facility required by the program or project
Act compliance will be served, a State translation and counseling. Each notice shall
agency may provide these assurances at one indicate the name and telephone number of a
time to cover all subsequent federally- person who may be contacted for answers to
assisted programs or projects. An Agency questions or other needed help.
which both acquires real property and
displaces persons may combine its section Sec. 24.6 Administration of
210 and section 305 assurances in one jointly-funded projects.
document.
Whenever two or more Federal
(2) If a Federal agency or State agency
agencies provide financial assistance to an
provides Federal financial assistance to a
Agency or Agencies, other than a Federal
``person'' causing displacement, such
agency, to carry out functionally or
Federal or State agency is responsible for
geographically related activities which will
ensuring compliance with the requirements
result in the acquisition of property or the
of this part, notwithstanding the person's
displacement of a person, the Federal
contractual obligation to the grantee to
agencies may by agreement designate one
comply.
such agency as the cognizant Federal
(3) As an alternative to the assurance
agency. In the unlikely event that agreement
requirement described in paragraph (a)(1) of
among the Agencies cannot be reached as to
this section, a Federal agency may provide
which agency shall be the cognizant Federal
Federal financial assistance to a State
agency, then the lead agency shall designate
agency after it has accepted a certification
one of such agencies to assume the
by such State agency in accordance with the
cognizant role. At a minimum, the
requirements in subpart G of this part.
agreement shall set forth the federally
(b) Monitoring and corrective action.
assisted activities which are subject to its
The Federal agency will monitor compliance
terms and cite any policies and procedures,
with this part, and the State agency shall
in addition to this part, that are applicable to
take whatever corrective action is necessary
the activities under the agreement. Under the
to comply with the Uniform Act and this
agreement, the cognizant Federal agency
part. The Federal agency may also apply
shall assure that the project is in compliance
sanctions in accordance with applicable
with the provisions of the Uniform Act and
program regulations. (Also see SEC. 24.603,
this part. All federally assisted activities
subpart G.)
under the agreement shall be deemed a
(c) Prevention of fraud, waste, and
project for the purposes of this part. {[[Page
mismanagement. The Agency shall take
207]]}
appropriate measures to carry out this part in
a manner that minimizes fraud, waste, and
mismanagement. Sec. 24.7 Federal agency
waiver of regulations.
Sec. 24.5 Manner of notices. The Federal agency funding the project
Each notice which the Agency is may waive any requirement in this part not
required to provide to a property owner or required by law if it determines that the
occupant under this part, except the notice waiver does not reduce any assistance or
described at SEC. 24.102(b), shall be protection provided to an owner or displaced
personally served or sent by certified or person under this part. Any request for a
registered first-class mail, return receipt waiver shall be justified on a case-by-case
requested, and documented in Agency files. basis.
Each notice shall be written in plain,
understandable language. Persons who are
unable to read and understand the notice
must be provided with appropriate

Sec. 24.8 Compliance with she is entitled under this part, or in
other laws and regulations. accordance with the applicable regulations
of the Federal funding agency, whichever is
The implementation of this part must later.
be in compliance with other applicable (b) Confidentiality of records. Records
Federal laws and implementing regulations, maintained by an Agency in accordance
including, but not limited to, the following: with this part are confidential regarding their
(a) Section I of the Civil Rights Act of use as public information, unless applicable
1866 (42 U.S.C. 1982 et seq.). law provides otherwise.
(b) Title VI of the Civil Rights Act of (c) Reports. The Agency shall submit a
1964 (42 U.S.C. 2000d et seq.). report of its real property acquisition and
(c) Title VIII of the Civil Rights Act of displacement activities under this part if
1968 (42 U.S.C. 3601 et seq.), as amended. required by the Federal agency funding the
(d) The National Environmental Policy project. A report will not be required more
Act of 1969 (42 U.S.C. 4321 et seq.). frequently than every 3 years, or as the
(e) Section 504 of the Rehabilitation Uniform Act provides, unless the Federal
Act of 1973 (29 U.S.C. 790 et seq.). funding agency shows good cause. The
(f) The Flood Disaster Protection Act report shall be prepared and submitted in the
of 1973 (Pub. L. 93-234). format contained in appendix B of this part.
(g) The Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.).
(h) Executive Order 11063--Equal
Sec. 24.10 Appeals.
Opportunity and Housing, as amended by (a) General. The Agency shall promptly
Executive Order l2259. review appeals in accordance with the
(i) Executive Order 11246--Equal requirements of applicable law and this part.
Employment Opportunity. (b) Actions which may be appealed.
(j) Executive Order 11625--Minority Any aggrieved person may file a written
Business Enterprise. appeal with the Agency in any case in which
(k) Executive Orders 11988, Floodplain the person believes that the Agency has
Management, and 11990, Protection of failed to properly consider the person's
Wetlands. application for assistance under this part.
(l) Executive Order 12250--Leadership Such assistance may include, but is not
and Coordination of Non- limited to, the person's eligibility for, or the
Discrimination Laws. amount of, a payment required under SEC.
(m) Executive Order 12259-- 24.106 or SEC. 24.107, or a relocation
Leadership and Coordination of Fair payment required under this part. The
Housing in Federal Programs. Agency shall consider a written appeal
(n) Executive Order 12630-- regardless of form.
Governmental Actions and Interference with (c) Time limit for initiating appeal. The
Constitutionally Protected Property Rights. Agency may set a reasonable time limit for a
person to file an appeal. The time limit shall
Sec. 24.9 Recordkeeping and not be less than 60 days after the person
receives written notification of the Agency's
reports. determination on the person's claim.
(a) Records. The Agency shall maintain (d) Right to representation. A person
adequate records of its acquisition and has a right to be represented by legal
displacement activities in sufficient detail to {[[Page 208]]}
demonstrate compliance with this part. counsel or other representative in
These records shall be retained for at least 3 connection with his or her appeal, but solely
years after each owner of a property and at the person's own expense.
each person displaced from the property
receives the final payment to which he or
(e) Review of files by person making geographic area on this basis, all owners are
appeal. The Agency shall permit a person to to be treated similarly.
inspect and copy all materials pertinent to (ii) The property to be acquired is not
his or her appeal, except materials which are part of an intended, planned, or designated
classified as confidential by the Agency. project area where all or substantially all of
The Agency may, however, impose the property within the area is to be acquired
reasonable conditions on the person's right within specific time limits.
to inspect, consistent with applicable laws. (iii) The Agency will not acquire the
(f) Scope of review of appeal. In property in the event negotiations fail to
deciding an appeal, the Agency shall result in an amicable agreement, and the
consider all pertinent justification and other owner is so informed in writing.
material submitted by the person, and all (iv) The Agency will inform the owner
other available information that is needed to of what it believes to be the fair market
ensure a fair and full review of the appeal. value of the property.
(g) Determination and notification after (2) Acquisitions for programs or
appeal. Promptly after receipt of all projects undertaken by an Agency or person
information submitted by a person in that receives Federal financial assistance but
support of an appeal, the Agency shall make does not have authority to acquire property
a written determination on the appeal, by eminent domain, provided that such
including an explanation of the basis on Agency or person shall:
which the decision was made, and furnish (i) Prior to making an offer for the
the person a copy. If the full relief requested property, clearly advise the owner that it is
is not granted, the Agency shall advise the unable to acquire the property in the event
person of his or her right to seek judicial negotiations fail to result in an amicable
review. agreement; and
(h) Agency official to review appeal. (ii) Inform the owner of what it
The Agency official conducting the review believes to be fair market value of the
of the appeal shall be either the head of the property.
Agency or his or her authorized designee. (3) The acquisition of real property
However, the official shall not have been from a Federal agency, State, or State
directly involved in the action appealed. agency, if the Agency desiring to make the
purchase does not have authority to acquire
Subpart B_Real Property the property through condemnation.
(4) The acquisition of real property by a
Acquisition cooperative from a person who, as a
condition of membership in the cooperative,
Sec. 24.101 Applicability of has agreed to provide without charge any
acquisition requirements. real property that is needed by the
(a) General. The requirements of this cooperative.
subpart apply to any acquisition of real (5) Acquisition for a program or project
property for a Federal program or project, which is undertaken by, or receives Federal
and to programs and projects where there is financial assistance from, the Tennessee
Federal financial assistance in any part of Valley Authority or the Rural Electrification
project costs except for: Administration.
(1) Voluntary transactions that meet all (b) Less-than-full-fee interest in real
of the following conditions: property. In addition to fee simple title, the
(i) No specific site or property needs to provisions of this subpart apply when
be acquired, although the Agency may limit acquiring fee title subject to retention of a
its search for alternative sites to a general life estate or a life use; to acquisition by
geographic area. Where an Agency wishes leasing where the lease term, including
to purchase more than one site within a option(s) for extension, is 50 years or more;

and to the acquisition of permanent property, taking into account the value of
easements. (See appendix A of this part, allowable damages or benefits to any
SEC. 24.101(b).) {[[Page 209]]} remaining property. (See also SEC. 24.104.)
(c) Federally-assisted projects. For Promptly thereafter, the Agency shall make
projects receiving Federal financial a written offer to the owner to acquire the
assistance, the provisions of SEC. Sec. property for the full amount believed to be
24.102, 24.103, 24.104, and 24.105 apply to just compensation.
the greatest extent practicable under State (e) Summary statement. Along with the
law. (See SEC. 24.4(a).) initial written purchase offer, the owner
[54 FR 8928, Mar. 2, 1989; 54 FR shall be given a written statement of the
24712, June 9, 1989; 58 FR 26072, Apr. 30, basis for the offer of just compensation,
1993] which shall include:
(1) A statement of the amount offered
Sec. 24.102 Basic acquisition as just compensation. In the case of a partial
policies. acquisition, the compensation for the real
property to be acquired and the
(a) Expeditious acquisition. The
compensation for damages, if any, to the
Agency shall make every reasonable effort
remaining real property shall be separately
to acquire the real property expeditiously by
stated.
negotiation.
(2) A description and location
(b) Notice to owner. As soon as
identification of the real property and the
feasible, the owner shall be notified of the
interest in the real property to be acquired.
Agency's interest in acquiring the real
(3) An identification of the buildings,
property and the basic protections, including
structures, and other improvements
the agency's obligation to secure an
(including removable building equipment
appraisal, provided to the owner by law and
and trade fixtures) which are considered to
this part. (See also SEC. 24.203.)
be part of the real property for which the
(c) Appraisal, waiver thereof, and
offer of just compensation is made. Where
invitation to owner. (1) Before the initiation
appropriate, the statement shall identify any
of negotiations the real property to be
separately held ownership interest in the
acquired shall be appraised, except as
property, e.g., a tenant-owned improvement,
provided in SEC. 24.102(c)(2), and the
and indicate that such interest is not covered
owner, or the owner's designated
by the offer.
representative, shall be given an opportunity
(f) Basic negotiation procedures. The
to accompany the appraiser during the
Agency shall make reasonable efforts to
appraiser's inspection of the property.
contact the owner or the owner's
(2) An appraisal is not required if the
representative and discuss its offer to
owner is donating the property and releases
purchase the property, including the basis
the Agency from this obligation, or the
for the offer of just compensation; and,
Agency determines that an appraisal is
explain its acquisition policies and
unnecessary because the valuation problem
procedures, including its payment of
is uncomplicated and the fair market value is
incidental expenses in accordance with SEC.
estimated at $2,500 or less, based on a
24.106. The owner shall be given reasonable
review of available data.
opportunity to consider the offer and present
(d) Establishment and offer of just
material which the owner believes is
compensation. Before the initiation of
relevant to determining the value of the
negotiations, the Agency shall establish an
property and to suggest modification in the
amount which it believes is just
proposed terms and conditions of the
compensation for the real property. The
purchase. The Agency shall consider the
amount shall not be less than the approved
owner's presentation.
appraisal of the fair market value of the
(g) Updating offer of just entry for construction purposes before
compensation. If the information presented making payment available to an owner.
by the owner, or a material change in the (k) Uneconomic remnant. If the
character or condition of the property, acquisition of only a portion of a property
indicates the need for new appraisal would leave the owner with an uneconomic
information, or if a significant delay has remnant, the Agency shall offer to acquire
occurred since the time of the appraisal(s) of the uneconomic remnant along with the
the property, the Agency shall have the portion of the property needed for the
appraisal(s) updated or obtain a new project. (See SEC. 24.2.)
appraisal(s). If the latest appraisal (l) Inverse condemnation. If the
information indicates that a change in the Agency intends to acquire any interest in
purchase offer is warranted, the Agency real property by exercise of the power of
shall promptly reestablish just compensation eminent domain, it shall institute formal
and offer that amount to the owner in condemnation proceedings and not
writing. {[[Page 210]]} intentionally make it necessary for the
(h) Coercive action. The Agency shall owner to institute legal proceedings to prove
not advance the time of condemnation, or the fact of the taking of the real property.
defer negotiations or condemnation or the (m) Fair rental. If the Agency permits a
deposit of funds with the court, or take any former owner or tenant to occupy the real
other coercive action in order to induce an property after acquisition for a short term or
agreement on the price to be paid for the a period subject to termination by the
property. Agency on short notice, the rent shall not
(i) Administrative settlement. The exceed the fair market rent for such
purchase price for the property may exceed occupancy.
the amount offered as just compensation [54 FR 8928, Mar. 2, 1989, as amended
when reasonable efforts to negotiate an at 64 FR 7132, Feb. 12, 1999]
agreement at that amount have failed and an
authorized Agency official approves such Sec. 24.103 Criteria for
administrative settlement as being appraisals.
reasonable, prudent, and in the public
(a) Standards of appraisal. The format
interest. When Federal funds pay for or
and level of documentation for an appraisal
participate in acquisition costs, a written
depend on the complexity of the appraisal
justification shall be prepared which
problem. The Agency shall develop
indicates that available information (e.g.,
minimum standards for appraisals consistent
appraisals, recent court awards, estimated
with established and commonly accepted
trial costs, or valuation problems) supports
appraisal practice for those acquisitions
such a settlement.
which, by virtue of their low value or
(j) Payment before taking possession.
simplicity, do not require the in-depth
Before requiring the owner to surrender
analysis and presentation necessary in a
possession of the real property, the Agency
detailed appraisal. A detailed appraisal shall
shall pay the agreed purchase price to the
be prepared for all other acquisitions. A
owner, or in the case of a condemnation,
detailed appraisal shall reflect nationally
deposit with the court, for the benefit of the
recognized appraisal standards, including, to
owner, an amount not less than the Agency's
the extent appropriate, the Uniform
approved appraisal of the fair market value
Appraisal Standards for Federal Land
of such property, or the court award of
Acquisition. An appraisal must contain
compensation in the condemnation
sufficient documentation, including
proceeding for the property. In exceptional
valuation data and the appraiser's analysis of
circumstances, with the prior approval of the
that data, to support his or her opinion of
owner, the Agency may obtain a right-of-

value. At a minimum, a detailed appraisal other than that due to physical deterioration
shall contain the following items: within the reasonable control of the owner.
(1) The purpose and/or the function of (c) Owner retention of improvements.
the appraisal, a definition of the estate being If the owner of a real property improvement
appraised, and a statement of the is permitted to retain it for removal from the
assumptions and limiting conditions project site, the amount to be offered for the
affecting the appraisal. interest in the real property to be acquired
(2) An adequate description of the shall be not less than the difference between
physical characteristics of the property being the amount determined to be just
appraised (and, in the case of a partial compensation for the owner's entire interest
acquisition, an adequate description of the in the real property and the salvage value
remaining property), a statement of the (defined at SEC. 24.2) of the retained
known and observed encumbrances, if any, improvement.
title information, location, zoning, present (d) Qualifications of appraisers. (1) The
use, an analysis of highest and best use, and Agency shall establish criteria for
at least a 5-year sales history of the property. determining the minimum qualifications of
(3) All relevant and reliable approaches appraisers. Appraiser qualifications shall be
to value consistent with commonly accepted consistent with the level of difficulty of the
professional appraisal practices. When appraisal assignment. The Agency shall
sufficient market sales data are available to review the experience, education, training,
reliably support the fair market value for the and other qualifications of appraisers,
specific appraisal problem encountered, the including review appraisers, and utilize only
Agency, at its discretion, may require only those determined to be qualified.
the market approach. If more than one (2) If the appraisal assignment requires
approach is utilized, there {[[Page 211]]} the preparation of a detailed appraisal
shall be an analysis and reconciliation pursuant to SEC. 24.103(a), and the Agency
of approaches to value that are sufficient to uses a contract (fee) appraiser to perform the
support the appraiser's opinion of value. appraisal, such appraiser shall be certified in
(4) A description of comparable sales, accordance with title XI of the Financial
including a description of all relevant Institutions Reform, Recovery, and
physical, legal, and economic factors such as Enforcement Act of 1989 (FIRREA) (12
parties to the transaction, source and method U.S.C. 3331 et seq).
of financing, and verification by a party (e) Conflict of interest. No appraiser or
involved in the transaction. review appraiser shall have any interest,
(5) A statement of the value of the real direct or indirect, in the real property being
property to be acquired and, for a partial appraised for the Agency that would in any
acquisition, a statement of the value of the way conflict with the preparation or review
damages and benefits, if any, to the of the appraisal. Compensation for making
remaining real property, where appropriate. an appraisal shall not be based on the
(6) The effective date of valuation, date amount of the valuation. No appraiser shall
of appraisal, signature, and certification of act as a negotiator for real property which
the appraiser. that person has appraised, except that the
(b) Influence of the project on just Agency may permit the same person to both
compensation. To the extent permitted by appraise and negotiate an acquisition where
applicable law, the appraiser shall disregard the value of the acquisition is $2,500, or
any decrease or increase in the fair market less.
value of the real property caused by the [54 FR 8928, Mar. 2, 1989, as amended
project for which the property is to be at 57 FR 33266, July 27, 1992; 57 FR
acquired, or by the likelihood that the 53295, Nov. 9, 1992; 64 FR 7132, Feb. 12,
property would be acquired for the project, 1999]
Sec. 24.104 Review of the real property on which it is located, shall
appraisals. be considered to be real property for
purposes of this subpart.
The Agency shall have an appraisal (c) Appraisal and establishment of just
review process and, at a minimum: compensation for tenant-
(a) A qualified reviewing appraiser owned improvements. Just
shall examine all appraisals to assure that compensation for a tenant-owned
they meet applicable appraisal requirements improvement is the amount which the
and shall, prior to acceptance, seek improvement contributes to the fair market
necessary corrections or revisions. value of the whole property or its salvage
(b) If the reviewing appraiser is unable value, whichever is greater. (Salvage value
to approve or recommend approval of an is defined at SEC. 24.2.)
appraisal as an adequate basis for the (d) Special conditions. No payment
establishment of the offer of just shall be made to a tenant-owner for any real
compensation, and it is determined that it is property improvement unless:
not practical to obtain an additional (1) The tenant-owner, in consideration
appraisal, the reviewing appraiser may for the payment, assigns, transfers, and
develop appraisal documentation in releases to the Agency all of the tenant-
accordance with SEC. 24.103 to support an owner's right, title, and interest in the
approved or recommended value. improvement; and
(c) The review appraiser's certification (2) The owner of the real property on
of the recommended or approved value of which the improvement is located disclaims
the property shall be set forth in a signed all interest in the improvement; and
statement which identifies the appraisal (3) The payment does not result in the
reports reviewed and explains the basis for duplication of any compensation otherwise
such recommendation or approval. Any authorized by law.
damages or benefits to any remaining (e) Alternative compensation. Nothing
property shall also be identified in the in this subpart shall be construed to deprive
statement. the tenant-owner of any right to reject
payment under this subpart and to obtain
Sec. 24.105 Acquisition of payment for such property interests in
tenant-owned improvements. accordance with other applicable law.
(a) Acquisition of improvements. When [54 FR 8928, Mar. 2, 1989; 54 FR
acquiring any interest in real property, 24712, June 9, 1989, as amended at 64 FR
{[[Page 212]]} 7132, Feb. 12, 1999]
the Agency shall offer to acquire at
least an equal interest in all buildings, Sec. 24.106 Expenses
structures, or other improvements located incidental to transfer of title to
upon the real property to be acquired, which the Agency.
it requires to be removed or which it
determines will be adversely affected by the (a) The owner of the real property shall
use to which such real property will be put. be reimbursed for all reasonable expenses
This shall include any improvement of a the owner necessarily incurred for:
tenant- (1) Recording fees, transfer taxes,
owner who has the right or obligation documentary stamps, evidence of title,
to remove the improvement at the expiration boundary surveys, legal descriptions of the
of the lease term. real property, and similar expenses
(b) Improvements considered to be real incidental to conveying the real property to
property. Any building, structure, or other the Agency. However, the Agency is not
improvement, which would be considered to required to pay costs solely required to
be real property if owned by the owner of

perfect the owner's title to the real property; Subpart C_General
and
(2) Penalty costs and other charges for
Relocation Requirements
prepayment of any preexisting recorded
mortgage entered into in good faith Sec. 24.201 Purpose.
encumbering the real property; and This subpart prescribes general
(3) The pro rata portion of any prepaid requirements governing the provision of
real property taxes which are allocable to the relocation payments and other relocation
period after the Agency obtains title to the assistance in this part.
property or effective possession of it,
whichever is earlier. Sec. 24.202 Applicability.
(b) Whenever feasible, the Agency These requirements apply to the
shall pay these costs directly so that the relocation of any displaced person as
owner will not have to pay such costs and defined at SEC. 24.2.
then seek reimbursement from the Agency. [54 FR 8928, Mar. 2, 1989, as amended
at 64 FR 7132, Feb. 12, 1999]
Sec. 24.107 Certain litigation
expenses. Sec. 24.203 Relocation notices.
The owner of the real property shall be (a) General information notice. As soon
reimbursed for any reasonable expenses, as feasible, a person scheduled to be
including reasonable attorney, appraisal, and displaced shall be furnished with a general
engineering fees, which the owner actually written description of the displacing
incurred because of a condemnation agency's relocation program which does at
proceeding, if: least the following:
(a) The final judgment of the court is (1) Informs the person that he or she
that the Agency cannot acquire the real may be displaced for the project and
property by condemnation; or generally describes the relocation
(b) The condemnation proceeding is payment(s) for which the person may be
abandoned by the Agency other than under eligible, the basic conditions of eligibility,
an agreed-upon settlement; or and the procedures for obtaining the
(c) The court having jurisdiction payment(s).
renders a judgment in favor of the owner in (2) Informs the person that he or she
an inverse condemnation proceeding or the will be given reasonable relocation advisory
Agency effects a settlement of such services, including referrals to replacement
proceeding. properties, help in filing payment claims,
and other necessary assistance to help the
Sec. 24.108 Donations. person successfully relocate.
An owner whose real property is being (3) Informs the person that he or she
acquired may, after being fully informed by will not be required to move without at least
the Agency of the right to receive just 90 days' advance written notice (see
compensation for such property, donate such paragraph (c) of this section), and informs
property or any part thereof, any interest any person to be displaced from a dwelling
therein, or any compensation paid therefor, that he or she cannot be required to move
to the Agency as such owner shall permanently unless at least one comparable
determine. The Agency is responsible for replacement dwelling has been made
assuring that an appraisal of the real available.
property is obtained unless the owner (4) Informs the person that any person
releases {[[Page 213]]} who is an alien not lawfully present in the
the Agency from such obligation, United States is ineligible for relocation
except as provided in SEC. 24.102(c)(2). advisory services and relocation payments,
unless such ineligibility would result in Sec. 24.204 Availability of
exceptional and extremely unusual hardship comparable replacement
to a qualifying spouse, parent, or child, as
defined in SEC. 24.208(i).
dwelling before displacement.
(5) Describes the person's right to (a) General. No person to be displaced
appeal the Agency's determination as to a shall be required to move from his or
person's application for assistance for which {[[Page 214]]}
a person may be eligible under this part. her dwelling unless at least one
(b) Notice of relocation eligibility. comparable replacement dwelling (defined
Eligibility for relocation assistance shall at SEC. 24.2) has been made available to the
begin on the date of initiation of person. Where possible, three or more
negotiations (defined in SEC. 24.2) for the comparable replacement dwellings shall be
occupied property. When this occurs, the made available. A comparable replacement
Agency shall promptly notify all occupants dwelling will be considered to have been
in writing of their eligibility for applicable made available to a person, if:
relocation assistance. (1) The person is informed of its
(c) Ninety-day notice--(1) General. No location; and
lawful occupant shall be required to move (2) The person has sufficient time to
unless he or she has received at least 90 days negotiate and enter into a purchase
advance written notice of the earliest date by agreement or lease for the property; and
which he or she may be required to move. (3) Subject to reasonable safeguards,
(2) Timing of notice. The displacing the person is assured of receiving the
agency may issue the notice 90 days before relocation assistance and acquisition
it expects the person to be displaced or payment to which the person is entitled in
earlier. sufficient time to complete the purchase or
(3) Content of notice. The 90-day lease of the property.
notice shall either state a specific date as the (b) Circumstances permitting waiver.
earliest date by which the occupant may be The Federal agency funding the project may
required to move, or state that the occupant grant a waiver of the policy in paragraph (a)
will receive a further notice indicating, at of this section in any case where it is
least 30 days in advance, the specific date by demonstrated that a person must move
which he or she must move. If the 90-day because of:
notice is issued before a comparable (1) A major disaster as defined in
replacement dwelling is made available, the section 102(c) of the Disaster Relief Act of
notice must state clearly that the occupant 1974 (42 U.S.C. 5121); or
will not have to move earlier than 90 days (2) A presidentially declared national
after such a dwelling is made available. (See emergency; or
SEC. 24.204(a).) (3) Another emergency which requires
(4) Urgent need. In unusual immediate vacation of the real property,
circumstances, an occupant may be required such as when continued occupancy of the
to vacate the property on less than 90 days displacement dwelling constitutes a
advance written notice if the displacing substantial danger to the health or safety of
agency determines that a 90-day notice is the occupants or the public.
impracticable, such as when the person's (c) Basic conditions of emergency
continued occupancy of the property would move. Whenever a person is required to
constitute a substantial danger to health or relocate for a temporary period because of
safety. A copy of the Agency's an emergency as described in paragraph (b)
determination shall be included in the of this section, the Agency shall:
applicable case file. (1) Take whatever steps are necessary
[54 FR 8928, Mar. 2, 1989, as amended to assure that the person is temporarily
at 64 FR 7132, Feb. 12, 1999]

relocated to a decent, safe, and sanitary that are expected to be available to fulfill the
dwelling; and needs of those households displaced. When
(2) Pay the actual reasonable out-of- an adequate supply of comparable housing is
pocket moving expenses and any reasonable not expected to be available, consideration
increase in rent and utility costs incurred in of housing of last resort actions should be
connection with the temporary relocation; instituted.
and (3) An estimate of the number, type and
(3) Make available to the displaced size of the businesses, farms, and nonprofit
person as soon as feasible, at least one organizations to be displaced and the
comparable replacement dwelling. (For approximate number of employees that may
purposes of filing a claim and meeting the be affected.
eligibility requirements for a relocation (4) Consideration of any special
payment, the date of displacement is the date relocation advisory services that may be
the person moves from the temporarily- necessary from the displacing agency and
occupied dwelling.) other cooperating agencies.
[54 FR 8928, Mar. 2, 1989, as amended (b) Loans for planning and preliminary
at 64 FR 7132, Feb. 12, 1999] expenses. In the event that an Agency elects
to consider using the duplicative {[[Page
Sec. 24.205 Relocation 215]]}
planning, advisory services, provision in section 215 of the Uniform
Act which permits the use of project funds
and coordination.
for loans to cover planning and other
(a) Relocation planning. During the preliminary expenses for the development of
early stages of development, Federal and additional housing, the lead agency will
Federal-aid programs or projects shall be establish criteria and procedures for such use
planned in such a manner that the problems upon the request of the Federal agency
associated with the displacement of funding the program or project.
individuals, families, businesses, farms, and (c) Relocation assistance advisory
nonprofit organizations are recognized and services--(1) General. The Agency shall
solutions are developed to minimize the carry out a relocation assistance advisory
adverse impacts of displacement. Such program which satisfies the requirements of
planning, where appropriate, shall precede title VI of the Civil Rights Act of 1964 (42
any action by an Agency which will cause U.S.C. 2000d et seq.), title VIII of the Civil
displacement, and should be scoped to the Rights Act of 1968 (42 U.S.C. 3601 et seq.),
complexity and nature of the anticipated and Executive Order 11063 (27 FR 11527,
displacing activity including an evaluation November 24, 1962), and offers the services
of program resources available to carry out described in paragraph (c)(2) of this section.
timely and orderly relocations. Planning If the Agency determines that a person
may involve a relocation survey or study occupying property adjacent to the real
which may include the following: property acquired for the project is caused
(1) An estimate of the number of substantial economic injury because of such
households to be displaced including acquisition, it may offer advisory services to
information such as owner/tenant status, such person.
estimated value and rental rates of properties (2) Services to be provided. The
to be acquired, family characteristics, and advisory program shall include such
special consideration of the impacts on measures, facilities, and services as may be
minorities, the elderly, large families, and necessary or appropriate in order to:
the handicapped when applicable. (i) Determine the relocation needs and
(2) An estimate of the number of preferences of each person to be displaced
comparable replacement dwellings in the and explain the relocation payments and
area (including price ranges and rental rates) other assistance for which the person may be
eligible, the related eligibility requirements, become established in a suitable
and the procedures for obtaining such replacement location.
assistance. This shall include a personal (iv) Minimize hardships to persons in
interview with each person. adjusting to relocation by providing
(ii) Provide current and continuing counseling, advice as to other sources of
information on the availability, purchase assistance that may be available, and such
prices, and rental costs of comparable other help as may be appropriate.
replacement dwellings, and explain that the (v) Supply persons to be displaced with
person cannot be required to move unless at appropriate information concerning Federal
least one comparable replacement dwelling and State housing programs, disaster loan
is made available as set forth in SEC. and other programs administered by the
24.204(a). Small Business Administration, and other
(A) As soon as feasible, the Agency Federal and State programs offering
shall inform the person in writing of the assistance to displaced persons, and
specific comparable replacement dwelling technical help to persons applying for such
and the price or rent used for establishing assistance.
the upper limit of the replacement housing (vi) Any person who occupies property
payment (see SEC. 24.403 (a) and (b)) and acquired by an Agency, when such
the basis for the determination, so that the occupancy began subsequent to the
person is aware of the maximum acquisition of the property, and the
replacement housing payment for which he occupancy is permitted by a short term
or she may qualify. rental agreement or an agreement subject to
(B) Where feasible, housing shall be termination when the property is needed for
inspected prior to being made available to a program or project, shall be eligible for
assure that it meets applicable standards. advisory services, as determined by the
(See SEC. 24.2.) If such an inspection is not Agency. {[[Page 216]]}
made, the person to be displaced shall be (d) Coordination of relocation
notified that a replacement housing payment activities. Relocation activities shall be
may not be made unless the replacement coordinated with project work and other
dwelling is subsequently inspected and displacement-causing activities to ensure
determined to be decent, safe, and sanitary. that, to the extent feasible, persons displaced
(C) Whenever possible, minority receive consistent treatment and the
persons shall be given reasonable duplication of functions is minimized. (Also
opportunities to relocate to decent, safe, and see SEC. 24.6, subpart A.)
sanitary replacement dwellings, not located [54 FR 8928, Mar. 2, 1989, as amended
in an area of minority concentration, that are at 64 FR 7132, Feb. 12, 1999]
within their financial means. This policy,
however, does not require an Agency to Sec. 24.206 Eviction for cause.
provide a person a larger payment than is Eviction for cause must conform to
necessary to enable a person to relocate to a applicable state and local law. Any person
comparable replacement dwelling. who occupies the real property and is not in
(D) All persons, especially the elderly unlawful occupancy on the date of the
and handicapped, shall be offered initiation of negotiations, is presumed to be
transportation to inspect housing to which entitled to relocation payments and other
they are referred. assistance set forth in this part unless the
(iii) Provide current and continuing Agency determines that:
information on the availability, purchase (a) The person received an eviction
prices, and rental costs of suitable notice prior to the initiation of negotiations
commercial and farm properties and and, as a result of that notice is later evicted;
locations. Assist any person displaced from or
a business or farm operation to obtain and

(b) The person is evicted after the (ii) For owners, the date of
initiation of negotiations for serious or displacement or the date of the final
repeated violation of material terms of the payment for the acquisition of the rea1
lease or occupancy agreement; and property, whichever is later.
(c) In either case the eviction was not (2) This time period shall be waived by
undertaken for the purpose of evading the the Agency for good cause.
obligation to make available the payments (e) Multiple occupants of one
and other assistance set forth in this part. displacement dwelling. If two or more
For purposes of determining eligibility occupants of the displacement dwelling
for relocation payments, the date of move to separate replacement dwellings,
displacement is the date the person moves, each occupant is entitled to a reasonable
or if later, the date a comparable prorated share, as determined by the
replacement dwelling is made available. Agency, of any relocation payments that
This section applies only to persons who would have been made if the occupants
would otherwise have been displaced by the moved together to a comparable
project. replacement dwelling. However, if the
Agency determines that two or more
Sec. 24.207 General occupants maintained separate households
requirements--claims for within the same dwelling, such occupants
have separate entitlements to relocation
relocation payments.
payments.
(a) Documentation. Any claim for a (f) Deductions from relocation
relocation payment shall be supported by payments. An Agency shall deduct the
such documentation as may be reasonably amount of any advance relocation payment
required to support expenses incurred, such from the relocation payment(s) to which a
as bills, certified prices, appraisals, or other displaced person is otherwise entitled.
evidence of such expenses. A displaced Similarly, a Federal agency shall, and a
person must be provided reasonable State agency may, deduct from relocation
assistance necessary to complete and file payments any rent that the displaced person
any required claim for payment. owes the Agency; provided that no
(b) Expeditious payments. The Agency deduction shall be made if it would prevent
shall review claims in an expeditious the displaced person from obtaining a
manner. The claimant shall be promptly comparable replacement dwelling as
notified as to any additional documentation required by SEC. 24.204. The Agency shall
that is required to support the claim. not withhold any part of a relocation
Payment for a claim shall be made as soon payment to a displaced person to satisfy an
as feasible following receipt of sufficient obligation to any other creditor.
documentation to support the claim. (g) Notice of denial of claim. If the
(c) Advance payments. If a person Agency disapproves all or part of a payment
demonstrates the need for an advance claimed or refuses to consider {[[Page
relocation payment in order to avoid or 217]]}
reduce a hardship, the Agency shall issue the the claim on its merits because of
payment, subject to such safeguards as are untimely filing or other grounds, it shall
appropriate to ensure that the objective of promptly notify the claimant in writing of its
the payment is accomplished. determination, the basis for its
(d) Time for filing--(1) All claims for a determination, and the procedures for
relocation payment shall be filed with the appealing that determination.
Agency within 18 months after:
(i) For tenants, the date of
displacement;
Sec. 24.208 Aliens not lawfully organization would otherwise be eligible
present in the United States. shall be computed for the household, based
on the number of eligible household
(a) Each person seeking relocation members and for the unincorporated
payments or relocation advisory assistance business, farm, or nonprofit organization,
shall, as a condition of eligibility, certify: based on the ratio of ownership between
(1) In the case of an individual, that he eligible and ineligible owners.
or she is either a citizen or national of the (d) The displacing agency shall
United States, or an alien who is lawfully consider the certification provided pursuant
present in the United States. to paragraph (a) of this section to be valid,
(2) In the case of a family, that each unless the displacing agency determines in
family member is either a citizen or national accordance with paragraph (f) of this section
of the United States, or an alien who is that it is invalid based on a review of an
lawfully present in the United States. The alien's documentation or other information
certification may be made by the head of the that the agency considers reliable and
household on behalf of other family appropriate.
members. (e) Any review by the displacing
(3) In the case of an unincorporated agency of the certifications provided
business, farm, or nonprofit organization, pursuant to paragraph (a) of this section
that each owner is either a citizen or national shall be conducted in a nondiscriminatory
of the United States, or an alien who is fashion. Each displacing agency will apply
lawfully present in the United States. The the same standard of review to all such
certification may be made by the principal certifications it receives, except that such
owner, manager, or operating officer on standard may be revised periodically.
behalf of other persons with an ownership (f) If, based on a review of an alien's
interest. documentation or other credible evidence, a
(4) In the case of an incorporated displacing agency has reason to believe that
business, farm, or nonprofit organization, a person's certification is invalid (for
that the corporation is authorized to conduct example a document reviewed does not on
business within the United States. its face reasonably appear to be genuine),
(b) The certification provided pursuant and that, as a result, such person may be an
to paragraphs (a)(1), (a)(2), and (a)(3) of this alien not lawfully present in the United
section shall indicate whether such person is States, it shall obtain the following
either a citizen or national of the United information before making a final
States, or an alien who is lawfully present in determination.
the United States. Requirements concerning (1) If the agency has reason to believe
the certification in addition to those that the certification of a person who has
contained in this rule shall be within the certified that he or she is an alien lawfully
discretion of the Federal funding agency present in the United States is invalid, the
and, within those parameters, that of the displacing agency shall obtain verification
displacing agency. of the alien's status from the local
(c) In computing relocation payments Immigration and Naturalization Service
under the Uniform Act, if any member(s) of (INS) Office. A list of local INS offices was
a household or owner(s) of an published in the Federal Register in
unincorporated business, farm, or nonprofit November 17, 1997 at 62 FR 61350. Any
organization is (are) determined to be request for INS verification shall include the
ineligible because of a failure to be legally alien's full name, date of birth and alien
present in the United States, no relocation number, and a copy of the alien's
payments may be made to him or her. Any documentation. [If an agency is unable to
payment(s) for which such household, contact the INS, it may contact the {[[Page
unincorporated business, farm, or nonprofit 218]]}

FHWA in Washington, DC at 202-366- (Approved by the Office of
2035 (Marshall Schy, Office of Real Estate Management and Budget under control
Services) or 202-366-1371 (Reid Alsop, number 2105-0508)
Office of Chief Counsel), for a referral to [64 FR 7132, Feb. 12, 1999]
the INS.]
(2) If the agency has reason to believe Sec. 24.209 Relocation
that the certification of a person who has payments not considered as
certified that he or she is a citizen or
income.
national is invalid, the displacing agency
shall request evidence of United States No relocation payment received by a
citizenship or nationality from such person displaced person under this part shall be
and, if considered necessary, verify the considered as income for the purpose of the
accuracy of such evidence with the issuer. Internal Revenue Code of 1954, which has
(g) No relocation payments or been redesignated as the Internal Revenue
relocation advisory assistance shall be Code of 1986 or for the purpose of
provided to a person who has not provided determining the eligibility or the extent of
the certification described in this section or eligibility of any person for assistance under
who has been determined to be not lawfully the Social Security Act or any other Federal
present in the United States, unless such law, except for any Federal law providing
person can demonstrate to the displacing low-
agency's satisfaction that the denial of income housing assistance.
relocation benefits will result in an [54 FR 8928, Mar. 2, 1989.
exceptional and extremely unusual hardship Redesignated at 64 FR 7132, Feb. 12, 1999]
to such person's spouse, parent, or child who
is a citizen of the United States, or is an Subpart D_Payments for
alien lawfully admitted for permanent Moving and Related
residence in the United States.
(h) For purposes of paragraph (g) of
Expenses
this section, `èxceptional and extremely
unusual hardship'' to such spouse, parent, or Sec. 24.301 Payment for actual
child of the person not lawfully present in reasonable moving and related
the United States means that the denial of expenses--residential moves.
relocation payments and advisory assistance Any displaced owner-occupant or
to such person will directly result in: tenant of a dwelling who qualifies as a
(1) A significant and demonstrable displaced person (defined at SEC. 24.2) is
adverse impact on the health or safety of entitled to payment of his or her actual
such spouse, parent, or child; moving and related expenses, as the Agency
(2) A significant and demonstrable determines to be reasonable and necessary,
adverse impact on the continued existence of including expenses for:
the family unit of which such spouse, parent, (a) Transportation of the displaced
or child is a member; or person and personal property.
(3) Any other impact that the displacing Transportation costs for a distance beyond
agency determines will have a significant 50 miles are not eligible, unless the Agency
and demonstrable adverse impact on such determines that relocation beyond 50 miles
spouse, parent, or child. is justified.
(i) The certification referred to in (b) Packing, crating, unpacking, and
paragraph (a) of this section may be uncrating of the personal property.
included as part of the claim for relocation (c) Disconnecting, dismantling,
payments described in SEC. 24.207 of this removing, reassembling, and reinstalling
part. relocated household appliances, and other
personal property.
(d) Storage of the personal property for Sec. 24.303 Payment for actual
a period not to exceed l2 months, unless the reasonable moving and related
Agency determines that a longer period is
necessary.
expenses--nonresidential
(e) Insurance for the replacement value moves.
of the property in connection with the move (a) Eligible costs. Any business or farm
and necessary storage. operation which qualifies as a displaced
(f) The replacement value of property person (defined at SEC. 24.2) is entitled to
lost, stolen, or damaged in the process of payment for such actual moving and related
moving (not through the fault or negligence expenses, as the Agency determines to be
of the displaced person, his or her agent, or reasonable and necessary, including
employee) where insurance covering such expenses for:
loss, theft, or damage is not reasonably (1) Transportation of personal property.
available. Transportation costs for a distance beyond
(g) Other moving-related expenses that 50 miles are not eligible, unless the Agency
are not listed as ineligible under {[[Page determines that relocation beyond 50 miles
219]]} is justified.
(2) Packing, crating, unpacking, and
Sec. 24.305, as the Agency uncrating of the personal property.
determines to be reasonable (3) Disconnecting, dismantling,
removing, reassembling, and reinstalling
and necessary. relocated machinery, equipment, and other
[54 FR 8928, Mar. 2, 1989, as amended personal property, including substitute
at 64 FR 7132, Feb. 12, 1999] personal property described at SEC.
24.303(a)(12). This includes connection to
Sec. 24.302 Fixed payment for utilities available nearby. It also includes
moving expenses--residential modifications to the personal property
moves. necessary to adapt it to the replacement
structure, the replacement site, or the
Any person displaced from a dwelling
utilities at the replacement site, and
or a seasonal residence is entitled to receive
modifications necessary to adapt the utilities
an expense and dislocation allowance as an
at the replacement site to the personal
alternative to a payment for actual moving
property. (Expenses for providing utilities
and related expenses under SEC. 24.301.
from the right-of-way to the building or
This allowance shall be determined
improvement are excluded.)
according to the applicable schedule
(4) Storage of the personal property for
approved by the Federal Highway
a period not to exceed 12 months, unless the
Administration. This includes a provision
Agency determines that a longer period is
that the expense and dislocation allowance
necessary.
to a person with minimal personal
(5) Insurance for the replacement value
possessions who is in occupancy of a
of the personal property in connection with
dormitory style room shared by two or more
the move and necessary storage.
other unrelated persons or a person whose
(6) Any license, permit, or certification
residential move is performed by an agency
required of the displaced person at the
at no cost to the person shall be limited to
replacement location. However, the payment
$50.
may be based on the remaining useful life of
the existing license, permit, or certification.
(7) The replacement value of property
lost, stolen, or damaged in the process of
moving (not through the fault or negligence
of the displaced person, his or her agent, or

employee) where insurance covering such (ii) The estimated cost of moving and
loss, theft, or damage is not reasonably reinstalling the replaced item but with no
available. allowance for storage. At the Agency's
(8) Professional services necessary for: discretion, the estimated cost for a low cost
(i) Planning the move of the personal or uncomplicated move may be based on a
property, single bid or estimate.
(ii) Moving the personal property, and (13) Searching for a replacement
(iii) Installing the relocated personal location. A displaced business or farm
property at the replacement location. operation is entitled to reimbursement for
(9) Relettering signs and replacing actual expenses, not to exceed $1,000, as the
stationery on hand at the time of Agency determines to be reasonable, which
displacement that are made obsolete as a are incurred in searching for a replacement
result of the move. location, including:
(10) Actual direct loss of tangible (i) Transportation.
personal property incurred as a result of (ii) Meals and lodging away from
moving or discontinuing the business or home.
farm operation. The payment shall consist of (iii) Time spent searching, based on
the lesser of: reasonable salary or earnings.
(i) The fair market value of the item for (iv) Fees paid to a real estate agent or
continued use at the displacement site, less broker to locate a replacement site,
the proceeds from its sale. (To be eligible exclusive of any fees or commissions related
for payment, the claimant must make a good to the purchase of such site.
faith effort to sell the personal property, (14) Other moving-related expenses
unless the Agency determines that such that are not listed as ineligible under SEC.
effort is not necessary. When payment for 24.305, as the Agency determines to be
property loss is claimed for goods held for reasonable and necessary.
sale, the fair market value shall be based on (b) Notification and inspection. The
the cost of the goods to the business, not the following requirements apply to payments
potential selling price.); or under this section:
(ii) The estimated cost of moving the (1) The Agency shall inform the
item, but with no allowance for storage. (If displaced person, in writing, of the
the business or farm operation is requirements of paragraphs (b) (2) and (3) of
discontinued, the estimated cost shall be this section as soon as possible after the
based on a moving distance of 50 miles.) initiation of negotiations. This information
{[[Page 220]]} may be included in the relocation
(11) The reasonable cost incurred in information provided to the displaced person
attempting to sell an item that is not to be as set forth in SEC. 24.203.
relocated. (2) The displaced person must provide
(12) Purchase of substitute personal the Agency reasonable advance written
property. If an item of personal property notice of the approximate date of the start of
which is used as part of a business or farm the move or disposition of the personal
operation is not moved but is promptly property and a list of the items to be moved.
replaced with a substitute item that performs However, the Agency may waive this notice
a comparable function at the replacement requirement after documenting its file
site, the displaced person is entitled to accordingly.
payment of the lesser of: (3) The displaced person must permit
(i) The cost of the substitute item, the Agency to make reasonable and timely
including installation costs at the inspections of the personal property at both
replacement site, minus any proceeds from the displacement and replacement sites and
the sale or trade-in of the replaced item; or to monitor the move.
(c) Self moves. If the displaced person operation or make replacement structures
elects to take full responsibility for the move suitable for conducting the business.
of the business or farm operation, the (3) Construction and installation costs
Agency may make a payment for the for exterior signing to advertise the business.
person's moving expenses in an amount not (4) Provision of utilities from right-of-
to exceed the lower of two acceptable bids way to improvements on the replacement
or estimates obtained by the Agency or site.
prepared by qualified staff. At the Agency's (5) Redecoration or replacement of
discretion, a payment for a low cost or soiled or worn surfaces at the replacement
uncomplicated move may be based on a site, such as paint, panelling, or carpeting.
single bid or estimate. (6) Licenses, fees and permits when not
(d) Transfer of ownership. Upon paid as part of moving expenses.
request and in accordance with applicable (7) Feasibility surveys, soil testing and
law, the claimant shall transfer to the marketing studies.
Agency ownership of any personal property (8) Advertisement of replacement
that has not been moved, sold, or traded in. location.
(e) Advertising signs. The amount of a (9) Professional services in connection
payment for direct loss of an advertising with the purchase or lease of a replacement
sign which is personal property shall be the site.
lesser of: (10) Estimated increased costs of
(1) The depreciated reproduction cost operation during the first 2 years at the
of the sign, as determined by the Agency, replacement site for such items as:
less the proceeds from its sale; or (i) Lease or rental charges,
(2) The estimated cost of moving the (ii) Personal or real property taxes,
sign, but with no allowance for storage. (iii) Insurance premiums, and
[54 FR 8928, Mar. 2, 1989, as amended (iv) Utility charges, excluding impact
at 64 FR 7132, Feb. 12, 1999] fees.
(11) Impact fees or one-time
Sec. 24.304 Reestablishment assessments for anticipated heavy utility
expenses--nonresidential usage.
(12) Other items that the Agency
moves.
considers essential to the reestablishment of
In addition to the payments available the business.
under SEC. 24.303 of this subpart, a small (b) Ineligible expenses. The following
business, as defined in SEC. 24.2, farm or is a nonexclusive listing of reestablishment
nonprofit organization is entitled to receive a expenditures not considered to be
payment, not to exceed $10,000, for reasonable, necessary, or otherwise eligible:
expenses actually incurred in relocating and (1) Purchase of capital assets, such as,
reestablishing such small business, farm or office furniture, filing cabinets, machinery,
nonprofit organization at a replacement site. or trade fixtures.
(a) Eligible expenses. Reestablishment (2) Purchase of manufacturing
expenses must be reasonable and necessary, materials, production supplies, product
as determined by the Agency. They include, inventory, or other items used in the normal
but are not limited to, the following: course of the business operation.
(1) Repairs or improvements to the (3) Interest on money borrowed to
replacement real property as required make the move or purchase the replacement
{[[Page 221]]} property.
by Federal, State or local law, code or (4) Payment to a part-time business in
ordinance. the home which does not contribute
(2) Modifications to the replacement materially to the household income.
property to accommodate the business

[54 FR 8928, Mar. 2, 1989, as amended accordance with paragraph (e) of this
at 58 FR 26072, Apr. 30, 1993; 64 FR 7132, section, but not less than $1,000 nor more
Feb. 12, 1999] than $20,000. The displaced business is
eligible for the payment if the Agency
Sec. 24.305 Ineligible moving determines that: {[[Page 222]]}
and related expenses. (1) The business owns or rents personal
property which must be moved in
A displaced person is not entitled to
connection with such displacement and for
payment for:
which an expense would be incurred in such
(a) The cost of moving any structure or
move; and, the business vacates or relocates
other real property improvement in which
from its displacement site.
the displaced person reserved ownership.
(2) The business cannot be relocated
However, this part does not preclude the
without a substantial loss of its existing
computation under SEC. 24.401(c)(4)(iii); or
patronage (clientele or net earnings). A
(b) Interest on a loan to cover moving
business is assumed to meet this test unless
expenses; or
the Agency determines that it will not suffer
(c) Loss of goodwill; or
a substantial loss of its existing patronage;
(d) Loss of profits; or
and
(e) Loss of trained employees; or
(3) The business is not part of a
(f) Any additional operating expenses
commercial enterprise having more than
of a business or farm operation incurred
three other entities which are not being
because of operating in a new location
acquired by the Agency, and which are
except as provided in SEC. 24.304(a)(10); or
under the same ownership and engaged in
(g) Personal injury; or
the same or similar business activities.
(h) Any legal fee or other cost for
(4) The business is not operated at a
preparing a claim for a relocation payment
displacement dwelling solely for the purpose
or for representing the claimant before the
of renting such dwelling to others.
Agency; or
(5) The business is not operated at the
(i) Expenses for searching for a
displacement site solely for the purpose of
replacement dwelling; or
renting the site to others.
(j) Physical changes to the real property
(6) The business contributed materially
at the replacement location of a business or
to the income of the displaced person during
farm operation except as provided in SEC.
the 2 taxable years prior to displacement
Sec. 24.303(a)(3) and SEC. 24.304(a); or
(see SEC. 24.2).
(k) Costs for storage of personal
(b) Determining the number of
property on real property already owned or
businesses. In determining whether two or
leased by the displaced person.
more displaced legal entities constitute a
single business which is entitled to only one
Sec. 24.306 Fixed payment for fixed payment, all pertinent factors shall be
moving expenses-- considered, including the extent to which:
nonresidential moves. (1) The same premises and equipment
(a) Business. A displaced business may are shared;
be eligible to choose a fixed payment in lieu (2) Substantially identical or
of the payments for actual moving and interrelated business functions are carried
related expenses, and actual reasonable out and business and financial affairs are
reestablishment expenses provided by SEC. commingled;
Sec. 24.303 and 24.304. Such fixed (3) The entities are held out to the
payment, except for payment to a nonprofit public, and to those customarily dealing
organization, shall equal the average annual with them, as one business; and
net earnings of the business, as computed in
(4) The same person or closely related displacement site during the 2 taxable years
persons own, control, or manage the affairs prior to displacement, projected to an annual
of the entities. rate. Average annual net earnings may be
(c) Farm operation. A displaced farm based upon a different period of time when
operation (defined at SEC. 24.2) may choose the Agency determines it to be more
a fixed payment, in lieu of the payments for equitable. Net earnings include any
actual moving and related expenses and compensation obtained from the business or
actual reasonable reestablishment expenses, farm operation by its owner, the owner's
in an amount equal to its average annual net spouse, and dependents. The displaced
earnings as computed in accordance with person shall furnish the Agency proof of net
paragraph (e) of this section, but not less earnings through income tax returns,
than $1,000 nor more than $20,000. In the certified financial statements, or other
case of a partial acquisition of land which {[[Page 223]]}
was a farm operation before the acquisition, reasonable evidence which the Agency
the fixed payment shall be made only if the determines is satisfactory.
Agency determines that: [54 FR 8928, Mar. 2, 1989, as amended
(1) The acquisition of part of the land at 64 FR 7132, Feb. 12, 1999]
caused the operator to be displaced from the
farm operation on the remaining land; or Sec. 24.307 Discretionary utility
(2) The partial acquisition caused a relocation payments.
substantial change in the nature of the farm
(a) Whenever a program or project
operation.
undertaken by a displacing agency causes
(d) Nonprofit organization. A displaced
the relocation of a utility facility (see SEC.
nonprofit organization may choose a fixed
Sec. 24.2) and the relocation of the facility
payment of $1,000 to $20,000, in lieu of the
creates extraordinary expenses for its owner,
payments for actual moving and related
the displacing agency may, at its option,
expenses and actual reasonable
make a relocation payment to the owner for
reestablishment expenses, if the Agency
all or part of such expenses, if the following
determines that it cannot be relocated
criteria are met:
without a substantial loss of existing
(1) The utility facility legally occupies
patronage (membership or clientele). A
State or local government property, or
nonprofit organization is assumed to meet
property over which the State or local
this test, unless the Agency demonstrates
government has an easement or right-of-
otherwise. Any payment in excess of $1,000
way; and
must be supported with financial statements
(2) The utility facility's right of
for the two 12-month periods prior to the
occupancy thereon is pursuant to State law
acquisition. The amount to be used for the
or local ordinance specifically authorizing
payment is the average of 2 years annual
such use, or where such use and occupancy
gross revenues less administrative expenses.
has been granted through a franchise, use
(See appendix A of this part).
and occupancy permit, or other similar
(e) Average annual net earnings of a
agreement; and
business or farm operation. The average
(3) Relocation of the utility facility is
annual net earnings of a business or farm
required by and is incidental to the primary
operation are one-half of its net earnings
purpose of the project or program
before Federal, State, and local income taxes
undertaken by the displacing agency; and
during the 2 taxable years immediately prior
(4) There is no Federal law, other than
to the taxable year in which it was displaced.
the Uniform Act, which clearly establishes a
If the business or farm was not in operation
policy for the payment of utility moving
for the full 2 taxable years prior to
costs that is applicable to the displacing
displacement, net earnings shall be based on
agency's program or project; and
the actual period of operation at the

(5) State or local government (2) Purchases and occupies a decent,
reimbursement for utility moving costs or safe, and sanitary replacement dwelling
payment of such costs by the displacing within one year after the later of the
agency is in accordance with State law. following dates (except that the Agency may
(b) For the purposes of this section, the extend such one year period for good cause):
term extraordinary expenses means those (i) The date the person receives final
expenses which, in the opinion of the payment for the displacement dwelling or, in
displacing agency, are not routine or the case of condemnation, the date the full
predictable expenses relating to the utility's amount of the estimate of just compensation
occupancy of rights-of-way, and are not is deposited in the court, or
ordinarily budgeted as operating expenses, (ii) The date the displacing agency's
unless the owner of the utility facility has obligation under SEC. 24.204 is met.
explicitly and knowingly agreed to bear such (b) Amount of payment. The
expenses as a condition for use of the replacement housing payment for an eligible
property, or has voluntarily agreed to be 180-day homeowner-occupant may not
responsible for such expenses. exceed $22,500. (See also SEC. 24.404.)
(c) A relocation payment to a utility The payment under this subpart is limited to
facility owner for moving costs under this the amount necessary to relocate to a
section may not exceed the cost to comparable replacement dwelling within
functionally restore the service disrupted by one year from the date the displaced
the federally assisted program or project, homeowner-occupant is paid for the
less any increase in value of the new facility displacement dwelling, or the date a
and salvage value of the old facility. The comparable replacement dwelling is
displacing agency and the utility facility {[[Page 224]]}
owner shall reach prior agreement on the made available to such person,
nature of the utility relocation work to be whichever is later. The payment shall be the
accomplished, the eligibility of the work for sum of:
reimbursement, the responsibilities for (1) The amount by which the cost of a
financing and accomplishing the work, and replacement dwelling exceeds the
the method of accumulating costs and acquisition cost of the displacement
making payment. (See appendix A, of this dwelling, as determined in accordance with
part, SEC. 24.307.) paragraph (c) of this section; and
[54 FR 8928, Mar. 2, 1989, as amended (2) The increased interest costs and
at 64 FR 7132, Feb. 12, 1999] other debt service costs which are incurred
in connection with the mortgage(s) on the
Subpart E_Replacement replacement dwelling, as determined in
accordance with paragraph (d) of this
Housing Payments section; and
(3) The reasonable expenses incidental
Sec. 24.401 Replacement to the purchase of the replacement dwelling,
housing payment for 180-day as determined in accordance with paragraph
homeowner- (e) of this section.
occupants. (c) Price differential--(1) Basic
(a) Eligibility. A displaced person is computation. The price differential to be
eligible for the replacement housing paid under paragraph (b)(1) of this section is
payment for a 180-day homeowner-occupant the amount which must be added to the
if the person: acquisition cost of the displacement
(1) Has actually owned and occupied dwelling to provide a total amount equal to
the displacement dwelling for not less than the lesser of:
180 days immediately prior to the initiation
of negotiations; and
(i) The reasonable cost of a comparable (d) Increased mortgage interest costs.
replacement dwelling as determined in The displacing agency shall determine the
accordance with SEC. 24.403(a); or factors to be used in computing the amount
(ii) The purchase price of the decent, to be paid to a displaced person under
safe, and sanitary replacement dwelling paragraph (b)(2) of this section. The
actually purchased and occupied by the payment for increased mortgage interest cost
displaced person. shall be the amount which will reduce the
(2) Mixed-use and multifamily mortgage balance on a new mortgage to an
properties. If the displacement dwelling was amount which could be amortized with the
part of a property that contained another same monthly payment for principal and
dwelling unit and/or space used for non- interest as that for the mortgage(s) on the
residential purposes, and/or is located on a displacement dwelling. In addition,
lot larger than typical for residential payments shall include other debt service
purposes, only that portion of the acquisition costs, if not paid as incidental costs, and
payment which is actually attributable to the shall be based only on bona fide mortgages
displacement dwelling shall be considered that were valid liens on the displacement
its acquisition cost when computing the dwelling for at least 180 days prior to the
price differential. initiation of negotiations. Paragraphs (d) (1)
(3) Insurance proceeds. To the extent through (5) of this section shall apply to the
necessary to avoid duplicate compensation, computation of the increased mortgage
the amount of any insurance proceeds interest costs payment, which payment shall
received by a person in connection with a be contingent upon a mortgage being placed
loss to the displacement dwelling due to a on the replacement dwelling.
catastrophic occurrence (fire, flood, etc.) (1) The payment shall be based on the
shall be included in the acquisition cost of unpaid mortgage balance(s) on the
the displacement dwelling when computing displacement dwelling; however, in the
the price differential. (Also see SEC. 24.3.) event the person obtains a smaller mortgage
(4) Owner retention of displacement than the mortgage balance(s) computed in
dwelling. If the owner retains ownership of the buydown determination the payment will
his or her dwelling, moves it from the be prorated and reduced accordingly. (See
displacement site, and reoccupies it on a appendix A of this part.) In the case of a
replacement site, the purchase price of the home equity loan the unpaid balance shall
replacement dwelling shall be the sum of: be that balance which existed 180 days
(i) The cost of moving and restoring the {[[Page 225]]}
dwelling to a condition comparable to that prior to the initiation of negotiations or
prior to the move; and the balance on the date of acquisition,
(ii) The cost of making the unit a whichever is less.
decent, safe, and sanitary replacement (2) The payment shall be based on the
dwelling (defined at SEC. 24.2); and remaining term of the mortgage(s) on the
(iii) The current fair market value for displacement dwelling or the term of the
residential use of the replacement site (see new mortgage, whichever is shorter.
appendix A of this part, SEC. (3) The interest rate on the new
24.401(c)(4)(iii)), unless the claimant rented mortgage used in determining the amount of
the displacement site and there is a the payment shall not exceed the prevailing
reasonable opportunity for the claimant to fixed interest rate for conventional
rent a suitable replacement site; and mortgages currently charged by mortgage
(iv) The retention value of the dwelling, lending institutions in the area in which the
if such retention value is reflected in the replacement dwelling is located.
`àcquisition cost'' used when computing the (4) Purchaser's points and loan
replacement housing payment. origination or assumption fees, but not
seller's points, shall be paid to the extent:

(i) They are not paid as incidental (9) Such other costs as the Agency
expenses; determines to be incidental to the purchase.
(ii) They do not exceed rates normal to (f) Rental assistance payment for 180-
similar real estate transactions in the area; day homeowner. A 180-day homeowner-
(iii) The Agency determines them to be occupant, who could be eligible for a
necessary; and replacement housing payment under
(iv) The computation of such points paragraph (a) of this section but elects to
and fees shall be based on the unpaid rent a replacement dwelling, is eligible for a
mortgage balance on the displacement rental assistance payment not to exceed
dwelling, less the amount determined for the $5,250, computed and disbursed in
reduction of such mortgage balance under accordance with SEC. 24.402(b).
this section. [54 FR 8928, Mar. 2, 1989, as amended
(5) The displaced person shall be at 64 FR 7132, Feb. 12, 1999]
advised of the approximate amount of this
payment and the conditions that must be met Sec. 24.402 Replacement
to receive the payment as soon as the facts housing payment for 90-day
relative to the person's current mortgage(s)
occupants.
are known and the payment shall be made
available at or near the time of closing on (a) Eligibility. A tenant or owner-
the replacement dwelling in order to reduce occupant displaced from a dwelling is
the new mortgage as intended. entitled to a payment not to exceed $5,250
(e) Incidental expenses. The incidental for rental assistance, as computed in
expenses to be paid under paragraph (b)(3) accordance with paragraph (b) of this
of this section or SEC. 24.402(c)(1) are section, or downpayment assistance, as
those necessary and reasonable costs computed in accordance with paragraph (c)
actually incurred by the displaced person of this section, if such displaced person:
incident to the purchase of a replacement (1) Has actually and lawfully occupied
dwelling, and customarily paid by the buyer, the displacement dwelling for at least 90
including: days immediately prior to the initiation of
(1) Legal, closing, and related costs, negotiations; and
including those for title search, preparing (2) Has rented, or purchased, and
conveyance instruments, notary fees, occupied a decent, safe, and sanitary
preparing surveys and plats, and recording replacement dwelling within 1 year (unless
fees. the Agency extends this period for good
(2) Lender, FHA, or VA application cause) after:
and appraisal fees. (i) For a tenant, the date he or she
(3) Loan origination or assumption fees moves from the displacement dwelling, or
that do not represent prepaid interest. (ii) For an owner-occupant, the later of:
(4) Certification of structural soundness (A) The date he or she receives final
and termite inspection when required. payment for the displacement dwelling, or in
(5) Credit report. the case of condemnation, {[[Page 226]]}
(6) Owner's and mortgagee's evidence the date the full amount of the estimate
of title, e.g., title insurance, not to exceed of just compensation is deposited with the
the costs for a comparable replacement court; or
dwelling. (B) The date he or she moves from the
(7) Escrow agent's fee. displacement dwelling.
(8) State revenue or documentary (b) Rental assistance payment--(1)
stamps, sales or transfer taxes (not to exceed Amount of payment. An eligible displaced
the costs for a comparable replacement person who rents a replacement dwelling is
dwelling). entitled to a payment not to exceed $5,250
for rental assistance. (See also SEC. 24.404.)
Such payment shall be 42 times the amount (c) Downpayment assistance payment--
obtained by subtracting the base monthly (1) Amount of payment. An eligible
rental for the displacement dwelling from displaced person who purchases a
the lesser of: replacement dwelling is entitled to a
(i) The monthly rent and estimated downpayment assistance payment in the
average monthly cost of utilities for a amount the person would receive under
comparable replacement dwelling; or paragraph (b) of this section if the person
(ii) The monthly rent and estimated rented a comparable replacement dwelling.
average monthly cost of utilities for the At the discretion of the Agency, a
decent, safe, and sanitary replacement downpayment assistance payment may be
dwelling actually occupied by the displaced increased to any amount not to exceed
person. $5,250. However, the payment to a
(2) Base monthly rental for displaced homeowner shall not exceed the
displacement dwelling. The base monthly amount the owner would receive under SEC.
rental for the displacement dwelling is the 24.401(b) if he or she met the 180-day
lesser of: occupancy requirement. An Agency's
(i) The average monthly cost for rent discretion to provide the maximum payment
and utilities at the displacement dwelling for shall be exercised in a uniform and
a reasonable period prior to displacement, as consistent manner, so that eligible displaced
determined by the Agency. (For an owner- persons in like circumstances are treated
occupant, use the fair market rent for the equally. A displaced person eligible to
displacement dwelling. For a tenant who receive a payment as a 180-day owner-
paid little or no rent for the displacement occupant under SEC. 24.401(a) is not
dwelling, use the fair market rent, unless its eligible for this payment. (See also appendix
use would result in a hardship because of the A of this part, SEC. 24.402(c).)
person's income or other circumstances); or (2) Application of payment. The full
(ii) Thirty (30) percent of the person's amount of the replacement housing payment
average gross household income. (If the for downpayment assistance must be applied
person refuses to provide appropriate to the purchase price of the replacement
evidence of income or is a dependent, the dwelling and related incidental expenses.
base monthly rental shall be established
solely on the criteria in paragraph (b)(2)(i) Sec. 24.403 Additional rules
of this section. A full time student or governing replacement housing
resident of an institution may be assumed to
payments.
be a dependent, unless the person
demonstrates otherwise.); or (a) Determining cost of comparable
(iii) The total of the amounts replacement dwelling. The upper limit of a
designated for shelter and utilities if replacement housing payment shall be based
receiving a welfare assistance payment from on the cost of a comparable replacement
a program that designates the amounts for dwelling (defined at SEC. 24.2).
shelter and utilities. (1) If available, at least three
(3) Manner of disbursement. A rental comparable replacement dwellings shall be
assistance payment may, at the Agency's examined and the payment computed on the
discretion, be disbursed in either a lump sum basis of the dwelling most nearly
or in installments. However, except as representative of, and equal to, or better
limited by SEC. 24.403(f), the full amount than, the displacement dwelling. An
vests immediately, whether or not there is adjustment shall be made to the asking price
any later change in the person's income or of any dwelling, to the extent justified by
rent, or in the condition or location of the local market data (see also SEC.
person's housing. 24.205(a)(2) and appendix A of this part).

An obviously overpriced dwelling may be by a builder or on a site the person owns or
ignored. {[[Page 227]]} purchases.
(2) If the site of the comparable (6) Currently owns a previously
replacement dwelling lacks a major exterior purchased dwelling and site, valuation of
attribute of the displacement dwelling site, which shall be on the basis of current fair
(e.g., the site is significantly smaller or does market value.
not contain a swimming pool), the value of (d) Occupancy requirements for
such attribute shall be subtracted from the displacement or replacement dwelling. No
acquisition cost of the displacement person shall be denied eligibility for a
dwelling for purposes of computing the replacement housing payment solely
payment. because the person is unable to meet the
(3) If the acquisition of a portion of a occupancy requirements set forth in these
typical residential property causes the regulations for a reason beyond his or her
displacement of the owner from the dwelling control, including:
and the remainder is a buildable residential (1) A disaster, an emergency, or an
lot, the Agency may offer to purchase the imminent threat to the public health or
entire property. If the owner refuses to sell welfare, as determined by the President, the
the remainder to the Agency, the fair market Federal agency funding the project, or the
value of the remainder may be added to the displacing agency; or
acquisition cost of the displacement (2) Another reason, such as a delay in
dwelling for purposes of computing the the construction of the replacement
replacement housing payment. dwelling, military reserve duty, or hospital
(4) To the extent feasible, comparable stay, as determined by the Agency.
replacement dwellings shall be selected (e) Conversion of payment. A displaced
from the neighborhood in which the person who initially rents a replacement
displacement dwelling was located or, if that dwelling and receives a rental assistance
is not possible, in nearby or similar payment under SEC. 24.402(b) is eligible to
neighborhoods where housing costs are receive a payment under SEC. 24.401 or
generally the same or higher. SEC. 24.402(c) if he or she meets the
(b) Inspection of replacement dwelling. eligibility criteria for such payments,
Before making a replacement housing including purchase and occupancy within
payment or releasing a payment from the prescribed 1-year period. Any portion of
escrow, the Agency or its designated the rental assistance payment that has been
representative shall inspect the replacement disbursed shall be deducted from the
dwelling and determine whether it is a payment computed under SEC. 24.401 or
decent, safe, and sanitary dwelling as SEC. 24.402(c).
defined at SEC. 24.2. (f) Payment after death. A replacement
(c) Purchase of replacement dwelling. housing payment is personal to the displaced
A displaced person is considered to have person and upon his or her death the
met the requirement to purchase a undisbursed portion of any such payment
replacement dwelling, if the person: shall not be paid to the heirs or assigns,
(1) Purchases a dwelling; or except that:
(2) Purchases and rehabilitates a (1) The amount attributable to the
substandard dwelling; or displaced person's period of actual
(3) Relocates a dwelling which he or occupancy of the replacement housing shall
she owns or purchases; or be paid.
(4) Constructs a dwelling on a site he or (2) The full payment shall be disbursed
she owns or purchases; or in any case in which a member of a
(5) Contracts for the purchase or displaced family dies and the other family
construction of a dwelling on a site provided member(s) continue to occupy a decent,
safe, and sanitary replacement dwelling.
(3) Any portion of a replacement expensive comparable replacement housing
housing payment necessary to satisfy the to become available?)
legal obligation of an estate in connection (b) Basic rights of persons to be
with the selection of a replacement dwelling displaced. Notwithstanding any provision of
by or on behalf of a deceased person shall be this subpart, no person shall be required to
disbursed to the estate. move from a displacement dwelling unless
[54 FR 8928, Mar. 2, 1989, as amended comparable replacement housing is available
at 64 FR 7132, Feb. 12, 1999] to such person. No person may be deprived
of any rights the person may have under the
Sec. 24.404 Replacement Uniform Act or this part. The Agency shall
housing of last resort. not require any displaced person to accept a
dwelling provided by the Agency under
(a) Determination to provide
these procedures (unless the Agency and the
replacement housing of last resort.
displaced person have entered into a contract
Whenever a {[[Page 228]]}
to do so) in lieu of any acquisition payment
program or project cannot proceed on a
or any relocation payment for which the
timely basis because comparable
person may otherwise be eligible.
replacement dwellings are not available
(c) Methods of providing comparable
within the monetary limits for owners or
replacement housing. Agencies shall have
tenants, as specified in SEC. 24.401 or SEC.
broad latitude in implementing this subpart,
24.402, as appropriate, the Agency shall
but implementation shall be for reasonable
provide additional or alternative assistance
cost, on a case-by-case basis unless an
under the provisions of this subpart. Any
exception to case-by-case analysis is
decision to provide last resort housing
justified for an entire project.
assistance must be adequately justified
(1) The methods of providing
either:
replacement housing of last resort include,
(1) On a case-by-case basis, for good
but are not limited to:
cause, which means that appropriate
(i) A replacement housing payment in
consideration has been given to:
excess of the limits set forth in SEC. 24.401
(i) The availability of comparable
or SEC. 24.402. A rental assistance subsidy
replacement housing in the program or
under this section may be provided in
project area; and
installments or in a lump sum at the
(ii) The resources available to provide
Agency's discretion.
comparable replacement housing; and
(ii) Rehabilitation of and/or additions to
(iii) The individual circumstances of
an existing replacement dwelling.
the displaced person; or
(iii) The construction of a new
(2) By a determination that:
replacement dwelling.
(i) There is little, if any, comparable
(iv) The provision of a direct loan,
replacement housing available to displaced
which requires regular amortization or
persons within an entire program or project
deferred repayment. The loan may be
area; and, therefore, last resort housing
unsecured or secured by the real property.
assistance is necessary for the area as a
The loan may bear interest or be interest-
whole; and
free.
(ii) A program or project cannot be
(v) The relocation and, if necessary,
advanced to completion in a timely manner
rehabilitation of a dwelling.
without last resort housing assistance; and
(vi) The purchase of land and/or a
(iii) The method selected for providing
replacement dwelling by the displacing
last resort housing assistance is cost
agency and subsequent sale or lease to, or
effective, considering all elements which
exchange with a displaced person.
contribute to total program or project costs.
(vii) The removal of barriers to the
(Will project delay justify waiting for less
handicapped.

(viii) The change in status of the such a displaced person is entitled to a
displaced person with his or her concurrence moving expense payment in accordance
from tenant to homeowner when it is more with subpart D and a replacement housing
cost effective to do so, as in cases where a payment in accordance with subpart E to the
downpayment may be less expensive than a same extent and subject to the same
last resort rental assistance payment. requirements as persons displaced from
(2) Under special circumstances, conventional dwellings.
consistent with the definition of a
comparable replacement dwelling, modified Sec. 24.502 Moving and related
methods of providing replacement housing expenses--mobile homes.
of last resort permit consideration of
(a) A homeowner-occupant displaced
replacement housing based on space and
from a mobile home or mobile homesite is
physical characteristics different from those
entitled to a payment for the cost of moving
in the displacement dwelling (see appendix
his or her mobile home on an actual cost
A, of this part, SEC. 24.404), including
basis in accordance with SEC. 24.301. A
upgraded, but smaller replacement housing
non-occupant owner of a rented mobile
that is decent, safe, and sanitary and
home is eligible for actual cost
adequate to accommodate individuals or
reimbursement under SEC. 24.303.
families displaced from marginal or
However, if the mobile home is not
substandard housing with probable
acquired, but the homeowner-occupant
functional obsolesence. In no event,
obtains a replacement housing payment
however, shall a displaced person be
under one of the circumstances described at
required to {[[Page 229]]}
SEC. 24.503(a)(3), the owner is not eligible
move into a dwelling that is not
for payment for moving the mobile home,
functionally equivalent in accordance with
but may be eligible for a payment for
SEC. 24.2).
moving personal property from the mobile
(3) The agency shall provide assistance
home.
under this subpart to a displaced person who
(b) The following rules apply to
is not eligible to receive a replacement
payments for actual moving expenses under
housing payment under SEC. Sec. 24.401
SEC. 24.301:
and 24.402 because of failure to meet the
(1) A displaced mobile homeowner,
length of occupancy requirement when
who moves the mobile home to a
comparable replacement rental housing is
replacement site, is eligible for the
not available at rental rates within the
reasonable cost of disassembling, moving,
person's financial means, which is 30
and reassembling any attached
percent of the person's gross monthly
appurtenances, such as porches, decks,
household income. Such assistance shall
skirting, and awnings, which were not
cover a period of 42 months.
acquired, anchoring of the unit, and utility
[54 FR 8928, Mar. 2, 1989, as amended
``hook-up'' charges.
at 64 FR 7132, Feb. 12, 1999]
(2) If a mobile home requires repairs
and/or modifications so that it can be moved
Subpart F_Mobile Homes and/or made decent, safe, and sanitary, and
the Agency determines that it would be
Sec. 24.501 Applicability. economically feasible to incur the additional
This subpart describes the requirements expense, the reasonable cost of such repairs
governing the provision of relocation and/or modifications is reimbursable.
payments to a person displaced from a (3) A nonreturnable mobile home park
mobile home and/or mobile home site who entrance fee is reimbursable to the extent it
meets the basic eligibility requirements of does not exceed the fee at a comparable
this part. Except as modified by this subpart, mobile home park, if the person is displaced
from a mobile home park or the Agency Sec. 24.504 Replacement
determines that payment of the fee is housing payment for 90-day
necessary to effect relocation.
mobile home occupants.
Sec. 24.503 Replacement A displaced tenant or owner-occupant
of a mobile home is eligible for a
housing payment for 180-day replacement housing payment, not to exceed
mobile homeowner- $5,250, under SEC. 24.402 if:
occupants. (a) The person actually occupied the
(a) A displaced owner-occupant of a displacement mobile home on the
mobile home is entitled to a replacement displacement site for at least 90 days
housing payment, not to exceed $22,500, immediately prior to the initiation of
under SEC. 24.401 if: negotiations;
(1) The person both owned the (b) The person meets the other basic
displacement mobile home and occupied it eligibility requirements at SEC. 24.402(a);
on the displacement site for at least 180 days and
immediately prior to the initiation of (c) The Agency acquires the mobile
negotiations; home and/or mobile home site, or the mobile
(2) The person meets the other basic home is not acquired by the Agency but the
eligibility requirements at SEC. 24.401(a); owner or tenant is displaced from the mobile
and home because of one of the circumstances
(3) The Agency acquires the mobile described at SEC. 24.503(a)(3).
home and/or mobile home site, or the mobile
home is not acquired by the Agency but the Sec. 24.505 Additional rules
owner is displaced from the mobile home governing relocation payments
because the Agency determines that the
mobile home:
to mobile home occupants.
(i) Is not and cannot economically be (a) Replacement housing payment
made decent, safe, and sanitary; or based on dwelling and site. Both the mobile
(ii) Cannot be relocated without home and mobile home site must be
substantial damage or unreasonable cost; or considered when computing a replacement
(iii) Cannot be relocated because there housing payment. For example, a displaced
is no available comparable replacement site; mobile home occupant may have owned the
or displacement mobile home and rented the
(iv) Cannot be relocated because it does site or may have rented the displacement
not meet mobile home park entrance mobile home and owned the site. Also, a
requirements. {[[Page 230]]} person may elect to purchase a replacement
(b) If the mobile home is not acquired, mobile home and rent a replacement site, or
and the Agency determines that it is not rent a replacement mobile home and
practical to relocate it, the acquisition cost of purchase a replacement site. In such cases,
the displacement dwelling used when the total replacement housing payment shall
computing the price differential amount, consist of a payment for a dwelling and a
described at SEC. 24.401(c), shall include payment for a site, each computed under the
the salvage value or trade- applicable section in subpart E. However,
in value of the mobile home, whichever the total replacement housing payment
is higher. under subpart E shall not exceed the
maximum payment (either $22,500 or
$5,250) permitted under the section that
governs the computation for the dwelling.
(See also SEC. 24.403(b).)

(b) Cost of comparable replacement Subpart G_Certification
dwelling--(1) If a comparable replacement
mobile home is not available, the Sec. 24.601 Purpose.
replacement housing payment shall be
computed on the basis of the reasonable cost This subpart permits a State agency to
of a conventional comparable replacement fulfill its responsibilities under the Uniform
dwelling. Act by certifying that it shall operate in
(2) If the Agency determines that it accordance with State laws and regulations
would be practical to relocate the mobile which shall accomplish the purpose and
home, but the owner-occupant elects not to effect of the Uniform Act, in lieu of
do so, the Agency may determine that, for providing the assurances required by SEC.
purposes of computing the price differential 24.4 of this part.
under SEC. 24.401(c), the cost of a [54 FR 8928, Mar. 2, 1989; 54 FR
comparable replacement dwelling is the sum 24712, June 9, 1989]
of:
(i) The value of the mobile home, Sec. 24.602 Certification
(ii) The cost of any necessary repairs or application.
modifications, and An agency wishing to proceed on the
(iii) The estimated cost of moving the basis of a certification may request an
mobile home to a replacement site. application for certification from the lead
(c) Initiation of negotiations. If the agency [Director, Office of Right-of-Way,
mobile home is not actually acquired, but HRW-1, Federal Highway Administration,
the occupant is considered displaced under 400 Seventh St. SW., Washington, DC
this part, the `ìnitiation of negotiations'' is 20590]. The completed application for
the initiation of negotiations to acquire the certification must be approved by the
land, or, if the land is not acquired, the governor of the State, or the governor's
written notification that he or she is a designee, and must be coordinated with the
displaced person under this part. Federal funding agency, in accordance with
(d) Person moves mobile home. If the application procedures.
owner is reimbursed for the cost of moving [58 FR 26072, April 30, 1993]
the mobile home under this part, he or she is
not eligible to receive a replacement housing Sec. 24.603 Monitoring and
payment to assist in purchasing or renting a
corrective action.
replacement mobile home. The person may,
however, be eligible for assistance in (a) The Federal lead agency shall, in
purchasing or renting a replacement site. coordination with other Federal agencies,
(e) Partial acquisition of mobile home monitor from time to time State agency
park. The acquisition of a portion of a implementation of programs or projects
mobile home park property may leave a conducted under the certification process
remaining part of the property that is not and the State agency shall make available
adequate to continue the operation of the any information required for this purpose.
park. If the Agency determines that a mobile (b) A Federal agency that has accepted
home located in the remaining part of the a State agency's certification pursuant to this
property must be moved as a direct result of subpart should withhold its approval of any
the project, the owner and any tenant shall of its Federal financial assistance to any
be considered a displaced person who is project, program, or activity, in progress or
entitled to relocation payments and other to be undertaken by such State agency, if it
assistance under this part. {[[Page 231]]} is found by the Federal agency that the State
agency has failed to comply with the
applicable State law and regulations
implementing those provisions of the
Uniform Act for which the State agency a comparable replacement dwelling be
would otherwise have provided the ``functionally equivalent'' to the
assurances required by sections 210 and 305 displacement dwelling means that it must
of the Uniform Act. The Federal agency perform the same function, provide the same
may withhold Federal financial assistance if utility, and be capable of contributing to a
the certifying State agency fails to comply comparable style of living as the
with the applicable State law and regulations displacement dwelling. While it need not
implementing other provisions of the possess every feature of the displacement
Uniform Act. The Federal agency shall dwelling, the principal features must be
notify the lead agency at least 15 days prior present.
to any decision to withhold funds under this For example, if the displacement
subpart. The lead agency may consult with dwelling contains a pantry and a similar
the Federal agency upon receiving such dwelling is not available, a replacement
notification. The lead agency will also dwelling with {[[Page 232]]}
inform other Federal agencies which have ample kitchen cupboards may be
accepted certification under this subpart acceptable. Insulated and heated space in a
from the same State agency of the pending garage might prove an adequate substitute
action. for basement workshop space. A dining area
(c) A Federal agency may, after may substitute for a separate dining room.
consultation with the lead agency, and Under some circumstances, attic space could
notice to and consultation with the governor, substitute for basement space for storage
or his or her designee, rescind any previous purposes, and vice versa.
approval provided under this subpart if the Only in unusual circumstances may a
certifying State agency fails to comply with comparable replacement dwelling contain
its certification or with applicable State law fewer rooms or, consequentially, less living
and regulations. The Federal agency shall space than the displacement dwelling. Such
initiate consultation with the lead agency at may be the case when a decent, safe, and
least 30 days prior to any decision to rescind sanitary replacement dwelling (which by
approval of a certification under this definition is `àdequate to accommodate'' the
subpart. The lead agency will also inform displaced person) may be found to be
other Federal agencies which have accepted ``functionally equivalent'' to a larger but
a certification under this subpart from the very run-down substandard displacement
same State agency, and will take whatever dwelling.
other action that may be appropriate. Paragraph (7) in the definition of
(d) The lead agency may require comparable replacement dwelling requires
periodic information or data from affected that a comparable replacement dwelling for
Federal or State agencies. a person who is not receiving assistance
[54 FR 8928, Mar. 2, 1989; 54 FR under any government housing program
24712, June 9, 1989; 58 FR 26072, Apr. 30, before displacement must be currently
1993] available on the private market without any
Appendix A to Part 24--Additional subsidy under a government housing
Information program.
This appendix provides additional A public housing unit may qualify as a
information to explain the intent of certain comparable replacement dwelling only for a
provisions of this part. person displaced from a public housing unit;
a privately-owned dwelling with a housing
Subpart A--General program subsidy tied to the unit may qualify
as a comparable replacement dwelling only
Section 24.2 Definitions
for a person displaced from a similarly
Definition of comparable replacement
subsidized unit or public housing; a housing
dwelling. The requirement in SEC. 24.2 that
program subsidy to a person (not tied to the

building), such as a HUD Section 8 Existing Law 96-510 or Superfund. These activities
Housing Program Certificate or a Housing differ under Superfund in that relocation
Voucher, may be reflected in an offer of a may precede acquisition, the reverse of the
comparable replacement dwelling to a normal sequence. Superfund is a program
person receiving a similar subsidy or designed to clean up hazardous waste sites.
occupying a privately-owned subsidized unit When such a site is discovered, it may be
or public housing unit before displacement. necessary, in certain limited circumstances,
However, nothing in this part prohibits to alert the public to the danger and to the
an Agency from offering, or precludes a advisability of moving immediately. If a
person from accepting, assistance under a decision is made later to permanently
government housing program, even if the relocate such persons, those who had moved
person did not receive similar assistance earlier would no longer be on site when a
before displacement. However, the Agency formal, written offer to acquire the property
is obligated to inform the person of his or was made and thus would lose their
her options under this part. (If a person eligibility for a replacement housing
accepts assistance under a government payment. In order to prevent this unfair
housing program, the rental assistance outcome, we have provided a definition
payment under SEC. 24.402 would be which is based on the public health advisory
computed on the basis of the person's actual or announcement of permanent relocation.
out- Section 24.3 No Duplication of
of-pocket cost for the replacement Payments
housing.) This section prohibits an Agency from
Persons not displaced. Paragraph making a payment to a person under these
(2)(iv) under this definition recognizes that regulations that would duplicate another
there are circumstances where the payment the person receives under Federal,
acquisition of real property takes place State, or local law. The Agency is not
without the intent or necessity that an required to conduct an exhaustive search for
occupant of the property be permanently such other payments; it is only required to
displaced. Because such occupants are not avoid creating a duplication based on the
considered ``displaced persons'' under this Agency's knowledge at the time a payment
part, great care must be exercised to ensure under these regulations is computed.
that they are treated fairly and equitably. For Section 24.9 Recordkeeping and
example, if the tenant-occupant of a Reports
dwelling will not be displaced, but is Section 24.9(c) Reports. This paragraph
required to relocate temporarily in allows Federal agencies to require the
connection with the project, the temporarily- submission of a report on activities under
occupied housing must be decent, safe, and the Uniform Act no more frequently than
sanitary and the tenant must be reimbursed once every three years. The report, if
for all reasonable out-of-pocket expenses required, will cover activities during the
incurred in connection with the temporary Federal fiscal year immediately prior to the
relocation, including moving expenses and submission date. In order to minimize the
increased housing costs during the administrative burden on Agencies
temporary relocation. implementing this part, a basic report form
It is also noted that any person who (see appendix B of this part) has been
disagrees with the Agency's determination developed which, with only minor
that he or she is not a displaced person under modifications, would be used in all Federal
this part may file an appeal in accordance and federally-assisted programs or projects.
with SEC. 24.10. {[[Page 233]]}
Initiation of negotiations. This section
of the part; provides a special definition for
acquisitions and displacements under Public
Subpart B--Real Property and the property owner is agreeable to the

process.
Acquisition Section 24.102(m) Fair rental. Section
Section 24.101 Applicability of 301(6) of the Uniform Act limits what an
Acquisition Requirements Agency may charge when a former owner or
Section 24.101(b) Less-than-full-fee previous occupant of a property is permitted
interest in real property. This provision to rent the property for a short term or when
provides a benchmark beyond which the occupancy is subject to termination by the
requirements of the subpart clearly apply to Agency on short notice. Such rent may not
leases. However, the Agency may apply the exceed ``the fair rental value * * * to a
regulations to any less-than-full-fee short-term occupier.'' Generally, the
acquisition which is short of 50 years but Agency's right to terminate occupancy on
which in its judgment should be covered. short notice (whether or not the renter also
Section 24.102 Basic Acquisition has that right) supports the establishment of
Policies a lesser rental than might be found in a
Section 24.102(d) Establishment of longer, fixed-term situation.
offer of just compensation. The initial offer Section 24.103 Criteria for Appraisals
to the property owner may not be less than Section 24.103(a) Standards of
the amount of the Agency's approved appraisal. In paragraph (a)(3) of this section,
appraisal, but may exceed that amount if the it is intended that all relevant and reliable
Agency determines that a greater amount approaches to value be utilized. However,
reflects just compensation for the property. where an Agency determines that the market
Section 24.102(f) Basic negotiation approach will be adequate by itself because
procedures. It is intended that an offer to an of the type of property being appraised and
owner be adequately presented, and that the the availability of sales data, it may limit the
owner be properly informed. Personal, face- appraisal assignment to the market
to-face contact should take place, if feasible, approach.
but this section is not intended to require Section 24.103(b) Influence of the
such contact in all cases. project on just compensation. As used in this
Section 24.102(i) Administrative section, the term ``project'' is intended to
settlement. This section provides guidance mean an undertaking which is planned,
on administrative settlement as an designed, and intended to operate as a unit.
alternative to judicial resolution of a Because of the public knowledge of the
difference of opinion on the value of a proposed project, property values may be
property, in order to avoid unnecessary affected. A property owner should not be
litigation and congestion in the courts. penalized because of a decrease in value
All relevant facts and circumstances caused by the proposed project nor reap a
should be considered by an Agency official windfall at public expense because of
delegated this authority. Appraisers, increased value created by the proposed
including reviewing appraisers, must not be project.
pressured to adjust their estimate of value Section 24.103(e) Conflict of interest.
for the purpose of justifying such The overall objective is to minimize the risk
settlements. Such action would invalidate of fraud and mismanagement and to promote
the appraisal process. public confidence in Federal and federally-
Section 24.102(j) Payment before assisted land acquisition practices.
taking possession. It is intended that a right- Recognizing that the costs may outweigh the
of-entry for construction purposes be benefits in some circumstances, SEC.
obtained only in the exceptional case, such 24.103(e) provides that the same person may
as an emergency project, when there is no both appraise and negotiate an acquisition, if
time to make an appraisal and purchase offer the value is $2,500 or less. However, it
should be noted that all appraisals must be

reviewed in accordance with SEC. 24.104. Section 24.204 (a) General. This
This includes appraisals of real property provision requires that no one may be
valued at $2,500, or less. required to move from a dwelling without
Section 24.104 Review of appraisals one comparable replacement dwelling
This section recognizes that Agencies having been made available. In addition,
differ in the authority delegated to the SEC. 24.204(a) requires that, ``Where
review appraiser. In some cases the reviewer possible, three or more comparable
establishes the amount of the offer to the replacement dwellings shall be made
owner and in other cases the reviewer makes available.'' Thus the basic standard for the
a recommendation which is acted on at a number of referrals required under this
higher level. It is also within Agency section is three. Only in situations where
discretion to decide whether a second review three comparable replacement dwellings are
is needed if the first review appraiser not available (e.g., when the local housing
establishes a value different from that in the market does not contain three comparable
appraisal report or reports on a property. dwellings) may the Agency make fewer than
Before acceptance of an appraisal, the three referrals.
review appraiser must determine that the Section 24.205 Relocation Assistance
appraiser's documentation, including Advisory Services
valuation data and the analyses of that data, Section 24.205(c)(2)(ii)(C) is intended
demonstrates the soundness of the to emphasize that if the comparable
appraiser's opinion of value. The replacement dwellings are located in areas
qualifications of the review appraiser and of minority concentration, minority persons
the level of explanation of the basis for the should, if possible, also be given
reviewer's recommended or approved value opportunities to relocate to replacement
depend on the complexity of the appraisal dwellings not located in such areas.
problem. For a low value property requiring Section 24.207 General Requirements--
an uncomplicated valuation process, the Claims for Relocation Payments
reviewer's approval, endorsing the Section 24.207(a) allows an Agency to
appraiser's report, may satisfy the make a payment for low cost or
requirement for the reviewer's statement. uncomplicated moves without additional
{[[Page 234]]} documentation, as long as the payment is
Section 24.106 Expenses Incidental to limited to the amount of the lowest
Transfer of Title to the Agency acceptable bid or estimate, as provided for in
Generally, the Agency is able to pay SEC. 24.303(c).
such incidental costs directly and, where
feasible, is required to do so. In order to Subpart D--Payment for
prevent the property owner from making
unnecessary out-of-pocket expenditures and
Moving and Related
to avoid duplication of expenses, the Expenses
property owner should be informed early in Section 24.306 Fixed Payment for
the acquisition process of the Agency's Moving Expenses--Nonresidential Moves
intent to make such arrangements. In Section 24.306(d) Nonprofit
addition, it is emphasized that such expenses organizations. Gross revenues may include
must be reasonable and necessary. membership fees, class fees, cash donations,
tithes, receipts from sales or other forms of
Subpart C--General fund collection that enables the non-profit
organization to operate. Administrative
Relocation Requirements expenses are those for administrative
Section 24.204 Availability of support such as rent, utilities, salaries,
Comparable Replacement Dwelling Before advertising and other like items as well as
Displacement fundraising expenses. Operating expenses
for carrying out the purposes of the non- which can be amortized at the same monthly
profit organization are not included in payment for principal and interest over the
administrative expenses. The monetary same period of time as the remaining term
receipts and expense amounts may be on the displacement mortgages. This
verified with certified financial statements payment is commonly known as the
or financial documents required by public ``buydown.''
agencies. The remaining principal balance, the
Section 24.307 Discretionary Utility interest rate, and monthly principal and
Relocation Payments interest payments for the old mortgage as
Section 24.307(c) describes the issues well as the interest rate, points and term for
which must be agreed to between the the new mortgage must be known to
displacing agency and the utility facility compute the increased mortgage interest
owner in determining the amount of the costs. If the combination of interest and
relocation payment. To facilitate and aid in points for the new mortgage exceeds the
reaching such agreement, the practices in the current prevailing fixed interest rate and
Federal Highway Administration regulation, points for conventional mortgages and there
23 CFR part 645, subpart A, Utility is no justification for the excessive rate, then
Relocations, Adjustments and the current {[[Page 235]]}
Reimbursement, should be followed. prevailing fixed interest rate and points
shall be used in the computations.
Subpart E--Replacement Justification may be the unavailability of the
current prevailing rate due to the amount of
Housing Payments the new mortgage, credit difficulties, or
Section 24.401 Replacement Housing other similar reasons.
Payment for 180-Day Homeowner- Sample Computation
Occupants Old Mortgage:
Section 24.401(a)(2). The provision for Remaining Principal
extending eligibility for a replacement Balance.............................. $50,000
housing payment beyond the one year period Monthly Payment (principal and
for good cause means that an extension may interest)................. 458.22
be granted if some event beyond the control Interest rate
of the displaced person such as acute or life (percent).................................. 7
threatening illness, bad weather preventing New Mortgage:
the completion of construction of a Interest rate
replacement dwelling or other like (percent).................................. 10
circumstances should cause delays in Points.............................................3
occupying a decent, safe, and sanitary Term (years)................................. 15
replacement dwelling.
Section 24.401(c) Price differential. Remaining term of the old mortgage is
The provision in SEC. 24.401(c)(4)(iii) to determined to be 174 months. (Determining,
use the current fair market value for or computing, the actual remaining term is
residential use does not mean the Agency more reliable than using the data supplied by
must have the property appraised. Any the mortgagee). However, if it is shorter, use
reasonable method for arriving at the fair the term of the new mortgage and compute
market va1ue may be used. the needed monthly payment.
Section 24.401(d) Increased mortgage Amount to be financed to maintain
interest costs. The provision in SEC. monthly payments of $458.22 at 10%--
24.401(d) set forth the factors to be used in $42,010.18
computing the payment that will be required $50,000.00
to reduce a person's replacement mortgage -42,010.18
(added to the downpayment) to an amount ---------------

Increased mortgage interest ordinarily required to obtain conventional
costs....................... 7,989.82 loan financing for the decent, safe, and
3 points on sanitary dwelling actually purchased and
$42,010.18.................................. 1,260.31 occupied. However, if the downpayment
--------------- actually required of a displaced person for
Total buydown necessary to maintain the purchase of the replacement dwelling
payments at 9,250.13 exceeds the amount ordinarily required, the
$458.22/month.................... amount of the downpayment may be the
amount which the Agency determines is
If the new mortgage actually obtained necessary.
is less than the computed amount for a new Section 24.403 Additional Rules
mortgage ($42,010.18), the buydown shall Governing Replacement Housing Payments
be prorated accordingly. If the actual Section 24.403(a)(1). The procedure for
mortgage obtained in our example were adjusting the asking price of comparable
$35,000, the buydown payment would be replacement dwellings requires that the
$7,706.57 ($35,000 / by $42,010.18 = .8331; agency provide advisory assistance to the
$9,250.13 x .83 = $7,706.57). displaced person concerning negotiations so
The Agency is obligated to inform the that he or she may enter the market as a
person of the approximate amount of this knowledgeable buyer. If a displaced person
payment and that he or she must obtain a elects to buy one of the selected
mortgage of at least the same amount as the comparables, but cannot acquire the
old mortgage and for at least the same term property for the adjusted price, it is
in order to receive the full amount of this appropriate to increase the replacement
payment. The displacee is also to be advised housing payment to the actual purchase
of the interest rate and points used to amount.
calculate the payment. Section 24.404 Replacement Housing
Section 24.402 Replacement Housing of Last Resort
Payment for 90-Day Occupants Section 24.404(b) Basic rights of
The downpayment assistance persons to be displaced. This paragraph
provisions in SEC. 24.402(c) are intended to affirms the right of a 180-day homeowner-
limit such assistance to the amount of the occupant, who is eligible for a replacement
computed rental assistance payment for a housing payment under SEC. 24.401, to a
tenant or an eligible homeowner. It does, reasonable opportunity to purchase a
however, provide the latitude for Agency comparable replacement dwelling. However,
discretion in offering downpayment it should be read in conjunction with the
assistance which exceeds the computed definition of `òwner of a dwelling'' at SEC.
rental assistance payment, up to the $5,250 24.2. The Agency is not required to provide
statutory maximum. This does not mean, persons owning only a fractional interest in
however, that such Agency discretion may the displacement dwelling a greater level of
be exercised in a selective or discriminatory assistance to purchase a replacement
fashion. The displacing agency should dwelling than the Agency would be required
develop a policy which affords equal to provide such persons if they owned fee
treatment for persons in like circumstances simple title to the displacement dwelling. If
and this policy should be applied uniformly such assistance is not sufficient to buy a
throughout the Agency's programs or replacement dwelling, the Agency may
projects. It is recommended that displacing provide additional purchase assistance or
agencies coordinate with each other to reach rental assistance.
a consensus on a uniform procedure for the Section 24.404(c) Methods of
State and/or the local jurisdiction. providing comparable replacement housing.
For purposes of this section, the term The use of cost {[[Page 236]]}
downpayment means the downpayment
effective means of providing [54 FR 8928, Mar. 2, 1989; 54 FR
comparable replacement housing is implied 24712, June 9, 1989, as amended at 64 FR
throughout the subpart. The term 7132, Feb. 12, 1999]
``reasonable cost'' is used here to underline Appendix B to Part 24--Statistical
the fact that while innovative means to Report Form
provide housing are encouraged, they should This appendix sets forth the statistical
be cost-effective. information collected from Agencies in
Section 24.404(c)(2) permits the use of accordance with SEC. 24.9(c).
last resort housing, in special cases, which General
may involve variations from the usual 1. Report coverage. This report covers
methods of obtaining comparability. all relocation and real property acquisition
However, it should be specially noted that activities under a Federal or a federally
such variation should never result in a assisted project or program subject to the
lowering of housing standards nor should it provisions of the Uniform Relocation
ever result in a lower quality of living style Assistance and Real Property Acquisition
for the displaced person. The physical Policies Act of 1970, as amended by Public
characteristics of the comparable Law 100-17, 101 Stat. 132.
replacement dwelling may be dissimilar to 2. Report period. Activities shall be
those of the displacement dwelling but they reported on a Federal fiscal year basis, i.e.,
may never be inferior. October 1 through September 30.
One example might be the use of a new 3. Where and when to submit report.
mobile home to replace a very substandard Submit an original and two copies of this
conventional dwelling in an area where report to (Name and Address of Federal
comparable conventional dwellings are not Agency) as soon as possible after September
available. 30, but NOT LATER THAN NOVEMBER
Another example could be the use of a 15.
superior, but smaller decent, safe and 4. How to report relocation payments.
sanitary dwelling to replace a large, old The full amount of a relocation payment
substandard dwelling, only a portion of shall be reported as if disbursed in the year
which is being used as living quarters by the during which the claim was approved,
occupants and no other large comparable regardless of whether the payment is to be
dwellings are available in the area. paid in installments.
5. How to report dollar amounts. Round
Subpart F--Mobile Homes off all money entries in Parts B and C to the
nearest dollar.
Section 24.503 Replacement Housing
6. Statutory references. The references
Payment for 180-Day Mobile Homeowner-
in Part B indicate the section of the Uniform
Occupants
Act that authorizes the cost.
A 180-day owner-occupant who is
Part A. Persons displaced
displaced from a mobile home on a rented
Report in Part A the number of persons
site may be eligible for a replacement
(``households,'' ``businesses, including
housing payment for a dwelling computed
nonprofit organizations,'' and ``farms'') who
under SEC. 24.401 and a replacement
were permanently displaced during the fiscal
housing payment for a site computed under
year by project or program activities and
SEC. 24.402. A 180-day owner-occupant of
moved to their replacement dwelling or
both the mobile home and the site, who
location. This includes businesses, nonprofit
relocates the mobile home, may be eligible
organizations and farms which, upon
for a replacement housing payment under
displacement, discontinued operations. The
SEC. 24.401 to assist in the purchase of a
category ``households'' includes all families
replacement site or, under SEC. 24.402, to
and individuals. A family shall be reported
assist in renting a replacement site.
as `òne'' household, not by the number of

people in the family unit. Persons shall be the report year where title or possession was
reported according to their status as vested in the acquiring agency during the
`òwners'' or ``tenants'' of the property from reporting period. (Include parcels acquired
which displaced. without Federal financial assistance, if there
Part B. Relocation payments and was or will be Federal financial assistance in
expenses other phases of the project or program.)
Columns (A) and (B). Report in Report in Column (B) the total of the
Column (A) the number of displacements amounts paid, deposited in court, or
during the report year. Report in Column (B) otherwise made available to a property
the total amount represented by the owner pursuant to applicable law in order to
displacements reported in Column (A). vest title or possession in the acquiring
Line 7A is a new line item for reporting agency.
the business reestablishment expense Line 17. Report on Line 17 the number
payment. of parcels reported on Line 16 that were
Lines 7A and 9, Column (B). Report in acquired by condemnation where price
Column (B) the amount of costs that were disagreement was involved. {[[Page 238]]}
included in the total amount approved on [GRAPHIC] [TIFF OMITTED]
Lines 6 and 8, Column (B). TC02FE91.100
Lines 12 A and B. Report in Column
(A) the number of households displaced by [54 FR 8928, Mar. 2, 1989; 54 FR
project or program activities which were 24712, June 9, 1989] {[[Page 239]]}
provided assistance in accordance with
section 206(a) of the Uniform Act. Report in
Column (B) the total financial assistance
under section 206(a) allocable to the
households reported in Column (A). (If a
household received financial assistance
under section 203 or section 204 as well as
under section 206(a) of the Uniform Act,
report the household as a displacement in
Column (A), but in Column (B) report only
the amount of financial assistance allocable
to section 206(a). For example, if a tenant-
household receives a payment of $7,000 to
rent a replacement dwelling, the {[[Page
237]]}
sum of $5,250 shall be included on
Line 10, Column (B), and $1,750 shall be
included on Line 12B, Column (B).)
Line 13. Report on Line 13 all
administrative costs incurred during the
report year in connection with providing
relocation advisory assistance and services
under section 205 of the Uniform Act.
Line 15. Report on Line 15 the total
number of relocation appeals filed during
the fiscal year by aggrieved persons.
Part C. Real property acquisition
subject to Uniform Act
Line 16, Columns (A) and (B). Report
in Column (A) all parcels acquired during
1/365TH .............................................1
HUD-53012B: Att2
1.1 .....................................................13
HUD-51915: T/C (6); A1.1;
B1.1; B2.1; C1.1; D1.1;
$100 ..................................................34 E1.1;
24 CFR 87: .110 (6); .400 (3); HUD-51975-A: s1.1
.605 (2); 1.2 .....................................................29
24 CFR 135: .3 (2); .92 (2); HUD-51915: T/C (12); A1.2 (7);
24 CFR 965: .205; A2.1; B1.1; B1.2; B2.1;
24 CFR 968: .135; C1.2; D1.2; E1.2;
24 CFR 970: .9 (2); HUD-51975-A: s1.2;
24 CFR 971: .13 (4); 4910.1 Hbk: s402-1; s607-1
HUD-50071: p1;
HUD-51915: T/C; E1.14 (2); 1 YEAR ..............................................6
HUD-51975-A: s1.4 (2); 24 CFR 42: .375;
HUD-5369-A: s3 (3); s11; 49 CFR 24: .402;
HUD-5370: s18 HUD-52834: p1; p2;
1378.0 Hbk: s1-8; s8-43
$1000 ..................................................3
49 CFR 24: .2; 10 DAYS ............................................4
HUD-92264: p3 (2) 24 CFR 58: .45;
24 CFR 135: .90;
$10,000 OR LESS ..............................2 24 CFR 902: .75;
HUD-51915: E1.9; HUD-5370: s32
HUD-51975-A: s1.9
10 HOURS .........................................1
$2,500 OR LESS ................................2 HUD-52484: p4
49 CFR 24: .102; .603
10 MONTHS ......................................1
$25,000 .............................................15 7417.1 Hbk: s3-162
24 CFR 35: .100 (2); .915 (2);
.925; .930 (2); 10 PERCENT ...................................27
24 CFR 87: .110; 24 CFR 35: .1350;
24 CFR 135: .92 (2); 24 CFR 51: .106 (2);
HUD-5369: s9; 24 CFR 135: .30 (5); .92 (2);
7417.1 Hbk: s3-15 (4) 24 CFR 905: .120;
24 CFR 965: .507;
$250 ....................................................1 24 CFR 968: .112; .310;
24 CFR 965: .215 HUD-2530: p3;
$500,000 .............................................6 HUD-52481: Att (3);
24 CFR 135: .92 (2); HUD-52834: p6;
24 CFR 965: .215; HUD-52837: pi (2);
HUD-5370-C: s18; HUD-53012B: Att5.13;
7417.1 Hbk: s3-32; s3-33 HUD-5369: s10;
$500,000 PER OCCURRENCE .........3 1378.0 Hbk: s7-20;
24 CFR 965: .215; 4910.1 Hbk: ApK (2);
7417.1 Hbk: s3-32; s3-33 7417.1 Hbk: s6-2
$75 ......................................................7 10 PERCENT LIMITATION.............1
24 CFR 968: .103; HUD-52837: pii
HUD-52837: pi (5); 10 YEAR ............................................2
HUD-52842: p4 4910.1 Hbk: ApK (2)
0.2 .......................................................4 10 YEARS ........................................15
24 CFR 35: .140; .1350; 24 CFR 42: .375 (2);
24 CFR 55: .2; 24 CFR 51: .106;
4910.1 Hbk: ApK 24 CFR 902: .25 (3);
0.3 .......................................................1 24 CFR 941: .610;
24 CFR 35: .110 24 CFR 969: .105; .106;
24 CFR 972: .130;
0.5 .......................................................8 HUD-2530: p1; p4;
24 CFR 35: .86 (2); .110; 1378.0 Hbk: s8-72 (3)
24 CFR 51: .203; .208 (4)
10 YEARS OLD.................................1
0.8 .......................................................2 24 CFR 902: .25
24 CFR 35: .110; .1320
Copyright © David Hoicka

100 DEGREE .................................... 1 Ap18a (5); Ap18b (5);
4910.1 Hbk: s508-4 Ap25 (8); Ap26 (8); Ap27;
4910.1 Hbk: ApK
100 PERCENT ................................ 10
24 CFR 941: .600 (2); 110 PERCENT .................................. 4
24 CFR 968: .135; 7417.1 Hbk: s3-146; s6-42;
24 CFR 971: .5; s9-72; s10-102
24 CFR 972: .127; 110 PERCENT PROTOTYPE
HUD-5369: s10; DWELLING CONSTRUCTION ...... 1
1378.0 Hbk: s8-235; 7417.1 Hbk: s3-146
7417.1 Hbk: s3-113; s6-44 (2)
11063 ............................................... 10
100 PERCENT OCCUPANCY ......... 1 24 CFR 941: .202;
HUD-92264: p2 24 CFR 945: .301;
100 PERCENT OF THE CONTRACT 49 CFR 24: .205;
PRICE ................................................ 2 HUD-52651-A: p2;
24 CFR 968: .135; HUD-53012A: s12;
HUD-5369: s10 1378.0 Hbk: s1-32;
7417.1 Hbk: T/C; s3-42 (2);
100 POINTS ...................................... 1 s3-77
7417.1 Hbk: s6-44
12 MONTHS ................................... 20
100 POINTS AVAILABLE .............. 4 24 CFR 35: .165; .210; .715;
24 CFR 902: .27; .37; .47; .820; .825; .1120;
.55 24 CFR 905: .120;
100 UNITS ........................................ 3 24 CFR 941: .404;
1378.0 Hbk: s8-72; 24 CFR 971: .13 (2);
7417.1 Hbk: s3-132; s4-29 49 CFR 24: .303;
1000 ................................................... 6 HUD-52484: p5;
24 CFR 971: .13 (5); HUD-52651-A: p4;
7417.1 Hbk: s3-132 HUD-92264: p2;
1378.0 Hbk: s3-2; s3-4.;
1003 ................................................... 2 s4-2; s8-72;
24 CFR 35: .900; .1000 7417.1 Hbk: s3-162 (2)
10036 ................................................. 1 120 ................................................... 11
4910.1 Hbk: ApH 24 CFR 35: .125;
100-YEAR FLOODPLAIN ............... 7 24 CFR 58: .1;
24 CFR 55: .1 (4); .2; .12; HUD-51915: D1.3 (2);
.20 HUD-52651-A: p6; p7;
HUD-53012B: Att2;
101 ................................................... 25 7417.1 Hbk: s5-25; s6-3;
24 CFR 87: .105;
s10-2; s10-26
24 CFR 941: .207 (3);
24 CFR 970: .11; 120 DAYS ......................................... 3
49 CFR 24: .2 (3); .101; HUD-52651-A: p6; p7;
.603 (3); 7417.1 Hbk: s5-25
1378.0 Hbk: s5-1; 1378.0 ................................................ 1
4910.1 Hbk: c1; s607-1 (3); 1378.0 Hbk: Intro
Idx (2); ApK (3);
7417.1 Hbk: s3-132 (3) 14 DAYS ........................................... 1
24 CFR 970: .13
104 ................................................... 96
24 CFR 42: .1 (3); .350; 1-4 FAMILY ..................................... 5
24 CFR 58: .1; HUD-52651-A: p6 (2);
49 CFR 24: .101; .102; 7417.1 Hbk: s3-162 (3)
.603 (2); 1-4 FAMILY UNITS ......................... 1
1378.0 Hbk: Intro; T/C (10); HUD-52651-A: p7
s1-2 (3); s1-30; s5-4; 1406 ................................................... 4
c7; s7-1; s7-2; s7-3 (3); HUD-52484: p1 (4)
s7-10 (3); s7-16 (6);
s7-22 (6); s8-1; s8-3 (2); 1408 ................................................... 5
s8-5 (2); s8-7; s8-8 (2); 24 CFR 968: .112;
s8-21; s8-23 (2); HUD-52825: p1;
s8-27 (2); s8-31; HUD-52834: p5;
s8-49 (4); Ex7-1 (4); HUD-52837: p1 (2)
1410 ..................................................10 1440.10 ...............................................1
24 CFR 968: .112; HUD-52484: p2
HUD-52484: p2; p4 (2); 1440.12 ...............................................1
p5 (2); HUD-52484: p2
HUD-52825: p1;
HUD-52834: p5; 1440.19 ...............................................1
HUD-52837: p1 (2) HUD-52484: p2
1410.1 .................................................3 1440.2 .................................................1
HUD-52484: p1; p2 (2) HUD-52484: p2
1410.10 ...............................................1 1440.20 ...............................................1
HUD-52484: p1 HUD-52484: p2
1410.18 ...............................................1 1440.3 .................................................1
HUD-52484: p1 HUD-52484: p2
1410.19 ...............................................2 1440.4 .................................................1
HUD-52484: p1; p2 HUD-52484: p2
1410.2 .................................................3 1440.5 .................................................2
HUD-52484: p1; p2 (2) HUD-52484: p2; p5
1410.4 .................................................1 1440.6 .................................................1
HUD-52484: p1 HUD-52484: p2
1410.9 .................................................1 1440.8 .................................................1
HUD-52484: p1 HUD-52484: p2
1411 ....................................................2 1450 ..................................................16
HUD-52834: p5; 24 CFR 968: .105 (3);
HUD-52837: p1 HUD-52396: p1 (2); p2 (2);
p4 (2); p5 (2); p8;
1415 ....................................................5 HUD-52825: p1;
HUD-52484: p1 (2); HUD-52834: p5;
HUD-52834: p5; HUD-52837: p1 (2)
HUD-52837: p1 (2)
1450.1 .................................................6
1420.1 .................................................2 7417.1 Hbk: s3-146 (2);
HUD-52484: p1; p5 s3-149 (3); s3-150
1420.7 .................................................2 1460 ..................................................19
HUD-52484: p1 (2) 24 CFR 968: .105;
1425 ....................................................2 HUD-52396: p1 (2); p2; p3;
HUD-52484: p1; p5 p5 (3); p8;
1430.1 .................................................2 HUD-52825: p1 (3);
HUD-52484: p1 (2) 7417.1 Hbk: s3-146;
s3-149 (4); s3-175; s3-179
1430.19 ...............................................1
HUD-52484: p1 1465 ..................................................11
HUD-52396: p1 (2); p2 (2);
1430.2 .................................................2 p3; p5 (2);
HUD-52484: p1; p2 HUD-52651-A: p8;
1430.6 .................................................1 HUD-52842: p1;
HUD-52484: p1 7417.1 Hbk: s3-175; s3-179
1430.7 .................................................3 1465.1 .................................................3
HUD-52484: p1; p2; p5 24 CFR 968: .105;
1430.9 .................................................1 HUD-52825: p1 (2)
HUD-52484: p1 1470 ..................................................11
1440 ....................................................7 24 CFR 968: .105;
24 CFR 945: .105; HUD-52396: p1 (2); p2;
HUD-52484: p1; p5; p5 (2); p8;
HUD-52825: p1; HUD-52825: p1 (3);
HUD-52834: p5; 7417.1 Hbk: s3-150
HUD-52837: p1 (2) 1475 ..................................................21
1440.1 .................................................3 24 CFR 968: .105 (3);
HUD-52484: p2; HUD-52396: p1 (2); p2 (3);
HUD-52651-A: p5; p8 p4 (4); p5 (4); p8;
HUD-52825: p1;

HUD-52834: p5; 24 CFR 58: .72;
HUD-52837: p1 (2) 24 CFR 902: .60
1475.1 ................................................ 1 15-DAY PERIOD .............................. 2
HUD-52484: p2 24 CFR 58: .72;
1475.2 ................................................ 1 24 CFR 902: .60
HUD-52484: p2 15TH .................................................. 2
1475.3 ................................................ 1 HUD-5369: s5;
HUD-52484: p2 HUD-5369-B: s6
1475.7 ................................................ 1 18 POINTS ........................................ 3
HUD-52484: p2 24 CFR 902: .25; .35; .45
1475.9 ................................................ 1 18 YEARS ......................................... 1
HUD-52484: p2 1378.0 Hbk: s3-4.
1480 ................................................... 6 18 YEARS OLD ................................ 1
HUD-52484: p2; p4 (4); p5 1378.0 Hbk: s3-4.
1485 ................................................. 10 180 DAYS ....................................... 12
HUD-52484: p2; p4 (4); p5; 24 CFR 35: .820;
HUD-52825: p1; 24 CFR 135: .76 (2);
HUD-52834: p5; 49 CFR 24: .2; .401 (3);
HUD-52837: p1 (2) .503;
1378.0 Hbk: s3-3 (2); s3-8;
1490 ................................................... 2 Ap5
HUD-52834: p5;
HUD-52837: p1 180-DAY HOMEOWNER .............. 13
49 CFR 24: .2; .401;
1495 ................................................... 8 1378.0 Hbk: T/C (3); s1-6;
HUD-52484: p2 (2); p4 (2); s3-3 (4); s3-4.; Ap5;
HUD-52825: p1; Ap13
HUD-52834: p5;
HUD-52837: p1 (2) 180-DAY HOMEOWNER- .............. 2
49 CFR 24: .401; .603
1498 ................................................... 4
HUD-52825: p1; 180-DAY HOMEOWNER-
HUD-52834: p5; OCCUPANT...................................... 6
HUD-52837: p1 (2) 49 CFR 24: .401 (3); .603;
1499 ................................................... 5 1378.0 Hbk: s3-3; s3-4.
HUD-52484: p2; p4 (4) 1937 ............................................... 106
15 CALENDAR DAYS .................... 4 24 CFR 35: .110 (2); .165 (2);
24 CFR 35: .125 (2); .1100 (2);
24 CFR 55: .20; 24 CFR 58: .1 (3); .2 (2);
24 CFR 58: .73 .4;
24 CFR 135: .3 (4); .5 (13);
15 DAYS ......................................... 21 .7;
24 CFR 35: .730; .830; 24 CFR 905: .10 (2);
.1130; .1225; 24 CFR 941: .101; .103;
24 CFR 58: .45 (2); .56; 24 CFR 943: .100;
.59; .74; 24 CFR 945: .101; .105 (2);
24 CFR 135: .76 (2); 24 CFR 963: .5;
24 CFR 902: .25 (3); .26 (2); 24 CFR 965: .101; .501;
.35; .60; .68; .75; 24 CFR 968: .105; .110;
49 CFR 24: .603 24 CFR 969: .102;
15 DAYS PAST ................................ 1 24 CFR 970: .1; .2 (3); .3;
24 CFR 902: .60 .5 (3); .13 (5);
15 MINUTES .................................... 2 24 CFR 971: .3; .7;
HUD-5378: p1; 24 CFR 972: .100; .112 (2);
4910.1 Hbk: ApD .121; .124; .200; .224;
.227; .230;
15 OR MORE UNITS ....................... 1 HUD-2516: p2;
24 CFR 8: .23 HUD-2530: p3;
15 PERCENT .................................... 2 HUD-51915: E1.16;
24 CFR 51: .106; HUD-51975-A: s1.6;
24 CFR 972: .124 HUD-51994: p2 (2);
HUD-52190-A: p1 (7); s4;
15-DAY ............................................. 2
HUD-52825: pi; 24 CFR 964: .320;
HUD-52832: p2 (2); 24 CFR 968: .110;
HUD-52834: p5; 49 CFR 24: .8; .205;
HUD-52835: p1; HUD-51915: T/C; E1.12;
HUD-52837: pi; HUD-51975-A: s1.12;
HUD-52840A: p1; HUD-52481: Att (2);
HUD-52842: p3; HUD-52651-A: p2;
HUD-53009-A: p1; HUD-5370: s40;
HUD-53012A: s2; HUD-5370-C: s18 (2);
HUD-5370: s46a; s46b; s46c; 1378.0 Hbk: s1-32;
s47; 7417.1 Hbk: T/C; s3-42;
1378.0 Hbk: s2-4; s2-5; s3-46; s3-49; s3-77;
s3-4.; s7-16; s8-92; s3-96; s4-29
s8-114; s8-147; s8-182; 1969 ..................................................11
7417.1 Hbk: s1-1; s3-113 24 CFR 35: .145;
1949 ....................................................9 24 CFR 51: .2; .208;
24 CFR 51: .2; .208; 24 CFR 55: .10;
24 CFR 55: .12; 24 CFR 58: .2;
HUD-52481: s4; 24 CFR 968: .110;
HUD-5370: s46a; s46b; s46c; 49 CFR 24: .8;
7417.1 Hbk: s3-79; s7-97 1378.0 Hbk: s1-32;
1960 ....................................................4 7417.1 Hbk: s3-15; s3-79;
24 CFR 35: .100; .620; s3-92
24 CFR 50: .4; 1970 ..................................................36
24 CFR 58: .5 24 CFR 42: .1 (2);
1962 ....................................................1 24 CFR 941: .207;
49 CFR 24: .205 24 CFR 968: .103; .108;
24 CFR 970: .5;
1963 ....................................................2 24 CFR 972: .112; .118;
24 CFR 945: .301; .215;
HUD-52651-A: p2 49 CFR 24: .1; .2; .603;
1964 ..................................................13 HUD-51971: p1; p3;
24 CFR 70: .1; 1378.0 Hbk: s1-2; s1-25;
24 CFR 941: .202; s5-9; s8-38; s8-176;
24 CFR 945: .301; s8-214; s8-217; Ap2; Ap3;
49 CFR 24: .8; .205; Ap4; Ap5; Ap6; Ap7;
HUD-51915: E1.17; Ap18; Ap18a; Ap18b; Ap20;
HUD-51975-A: s1.7; Ap25; Ap26; Ap29;
HUD-52651-A: p2; 7417.1 Hbk: s1-5; s3-98
HUD-53012A: s12; 1971 ....................................................3
1378.0 Hbk: s1-32; 24 CFR 40: .2;
7417.1 Hbk: s3-42; s3-77; 24 CFR 50: .4;
s4-24 24 CFR 58: .5
1965 ....................................................5 1972 ....................................................5
24 CFR 8: .3; 24 CFR 50: .4 (2);
24 CFR 51: .208; 24 CFR 51: .100;
24 CFR 970: .11; 24 CFR 58: .5;
1378.0 Hbk: s7-21 (2) 7417.1 Hbk: s3-97
1966 ....................................................3 1973 ..................................................30
24 CFR 50: .4; 24 CFR 8: .1; .3;
24 CFR 58: .5; 24 CFR 41: .1;
7417.1 Hbk: s3-93 24 CFR 50: .4 (2);
1968 ..................................................33 24 CFR 55: .1;
24 CFR 8: .1; 24 CFR 58: .5; .6;
24 CFR 40: .2 (2); 24 CFR 902: .3; .24;
24 CFR 41: .6; 24 CFR 941: .202;
24 CFR 58: .5; 24 CFR 945: .203; .301;
24 CFR 135: .1; .5; .38; 24 CFR 968: .110 (2);
24 CFR 941: .202 (2); 49 CFR 24: .8 (2);
24 CFR 945: .301; HUD-50070: p1;
24 CFR 963: .3; HUD-52651-A: p2;

HUD-53012A: s12; 49 CFR 24: .2;
HUD-5370: s39; HUD-51994: p2;
1378.0 Hbk: s1-32 (2); s7-21; HUD-53012B: Att5 Intro;
7417.1 Hbk: T/C; s3-43 (2); 1378.0 Hbk: s7-21;
s3-96; s3-101; s4-24 4910.1 Hbk: s100-2
1974 ................................................. 41 1981 ................................................... 2
24 CFR 8: .1; .3; 24 CFR 50: .4;
24 CFR 42: .1 (2); .305 (2); 24 CFR 58: .5
.350; 1982 ................................................... 4
24 CFR 50: .4 (2); 24 CFR 51: .208;
24 CFR 58: .1; .5 (2); 49 CFR 24: .8;
24 CFR 70: .1; 1378.0 Hbk: s1-32;
24 CFR 135: .5; 4910.1 Hbk: ApC
24 CFR 941: .608;
24 CFR 965: .501; 1983 ................................................... 2
49 CFR 24: .204; 24 CFR 969: .103;
HUD-5369: s12; HUD-2516: p1
1378.0 Hbk: Intro; T/C; 1984 ................................................. 19
s1-2; s1-30; s2-5; s7-1; 24 CFR 51: .106 (2); .200;
s7-16; s8-1; s8-3; s8-5; .201; .202; .203;
s8-8; s8-21; s8-25; .208 (3); .300; .302;
s8-31; s8-49; Ap18a; .303;
Ap18b; Ap25; Ap26; Ap27; 24 CFR 941: .201; .202;
7417.1 Hbk: T/C; s3-73; 24 CFR 968: .103 (2);
s3-93 1378.0 Hbk: s1-32;
1975 ................................................... 8 4910.1 Hbk: Front; ApE
49 CFR 24: .8; 1985 ................................................... 9
HUD-52651-A: p2; 24 CFR 51: .101;
HUD-53012A: s12; 24 CFR 941: .209;
1378.0 Hbk: s1-32; 24 CFR 968: .103;
4910.1 Hbk: ApG; 24 CFR 970: .3; .4; .7;
7417.1 Hbk: T/C; s3-44 (2) .8; .9;
1976 ................................................... 2 HUD-53012B: Att1
24 CFR 50: .4; 1986 ................................................... 5
24 CFR 965: .205 49 CFR 24: .209;
1977 ................................................. 11 4910.1 Hbk: ApE (3);
24 CFR 50: .1 (2); .4 (2); 7417.1 Hbk: s3-99
24 CFR 51: .301; 1987 ................................................. 10
24 CFR 58: .5 (4); 24 CFR 970: .2;
1378.0 Hbk: s7-21; HUD-2530: p4;
7417.1 Hbk: s3-98 HUD-52540: p2 (2);
1978 ................................................. 21 1378.0 Hbk: s1-25; s8-92;
24 CFR 35: .86; .92 (2); 4910.1 Hbk: s100-4; ApE;
.110 (2); .115 (2); .135; 7417.1 Hbk: s3-161; s3-204
.215; .500; .625; 1988 ................................................. 51
.630 (2); .715; .1115; 24 CFR 8: .3; .21 (5); .22;
.1125; .24 (5); .25 (3); .28;
24 CFR 55: .2; .30; .32 (6);
24 CFR 905: .10 (2); 24 CFR 965: .101 (4);
7417.1 Hbk: s3-101; s3-137 24 CFR 970: .1; .2 (2); .4;
1979 ................................................... 9 .7; .9; .14;
24 CFR 51: .100; .101; .102; 1378.0 Hbk: s7-2; s8-92;
.103; .104; .105; 4910.1 Hbk: s100-3; ApC;
.106 (2); ApE; ApK;
HUD-51994: p2 7417.1 Hbk: Front (2); T/C;
s3-43 (2); s3-49 (4);
1980 ................................................. 11 s3-204; s4-29
24 CFR 50: .4;
24 CFR 941: .103; .201; 1989 ................................................. 53
.202; 24 CFR 8: .25;
24 CFR 945: .301; 24 CFR 51: .102;
24 CFR 968: .103; 24 CFR 87: .110 (4); .600;
24 CFR 941: .610; 24 CFR 968: .101; .105;
24 CFR 968: .105; .110; .108; .110; .140; .305;
49 CFR 24: .1; .2 (2); 49 CFR 24: .2; .304;
.101 (2); .102; .103 (2); 1378.0 Hbk: s1-3 (2); s8-91;
.105 (2); .202; .203; s8-92; s8-101;
.204; .205; .209; .303; 4910.1 Hbk: Front; ApI (10);
.304; .306; .307; .401; ApK (4)
.403; .404; .601; 1994 ................................................160
.603 (5); 24 CFR 50: .4 (2);
HUD-52540: p2; 24 CFR 55: .1; .12 (4); .22;
HUD-5369-A: s3; 24 CFR 58: .1; .5 (2); .6;
1378.0 Hbk: Intro; s1-32; 24 CFR 135: .5;
s5-3; s7-21; 24 CFR 945: .105;
4910.1 Hbk: ApE; ApK; 24 CFR 965: .215;
7417.1 Hbk: s3-49 (2); 24 CFR 968: .102; .103 (2);
s3-113 (3); s4-29; s4-30 .104; .305; .310; .320;
1990 ..................................................20 .325; .330; .335 (2);
24 CFR 50: .4; .435;
24 CFR 58: .2; .6; 1378.0 Hbk: Intro (3);
24 CFR 87: .110; .600; 4910.1 Hbk: Front (11); c1;
24 CFR 968: .103; s100-2 (6); s100-3; s100-4;
HUD-50072: p1 (2); s101-2; s102-1; s103; c2;
HUD-52540: p2; s203; s204-2; c3; s302-2;
HUD-53012A: s12; s306; c4; s402-1 (2);
1378.0 Hbk: Intro; s7-21; s403-1 (2); c5; s508-1;
s8-122 (2); s8-231; s508-4; s508-6; s509-2;
4910.1 Hbk: ApC; ApE (2); s509-3 (2); s513-3; c6 (2);
ApK; s602-2; s606-1; s607-1;
7417.1 Hbk: s4-29 s607-3; s608-2; s609-2;
1991 ..................................................27 s609-3 (4); s611-1 (2);
24 CFR 87: .600; .605; s615-1; s615-3 (2);
24 CFR 905: .10 (6); Idx (9); ApA (2); ApB (2);
24 CFR 941: .103 (5); .105; ApC (4); ApD (3); ApE (5);
.110 (2); ApF (2); ApG; ApH (5);
1378.0 Hbk: s7-21; ApI (10); ApJ (2); ApK (26)
4910.1 Hbk: s100-3; 1995 ..................................................13
s606-3 (2); ApE; ApI (6) 24 CFR 35: .106;
1992 ..................................................65 24 CFR 135: .30 (3);
24 CFR 35: .86; .100; .725; 24 CFR 941: .101 (2);
24 CFR 58: .1 (4); .4; .112 (3);
24 CFR 135: .5; 24 CFR 970: .2; .4; .13 (2)
24 CFR 941: .208; 1996 ..................................................80
24 CFR 963: .3; .5; .10; 24 CFR 35: .84 (2); .88;
24 CFR 965: .101; .205 (2); .90; .92; .94; .110;
.701 (2); .805 (2); 24 CFR 50: .19; .20;
24 CFR 968: .101; .103; 24 CFR 51: .201;
.104; .105; .110 (3); 24 CFR 58: .1 (3); .2 (2);
.240; .305; .310; .320; .4 (2); .5; .6; .11;
.325; .330; .335; .22; .33; .34; .35;
24 CFR 970: .2 (2); .47; .60; .72; .75;
49 CFR 24: .103 (2); 24 CFR 135: .30 (3);
1378.0 Hbk: Intro (4); 24 CFR 905: .10 (4);
s1-3 (2); s5-3; s7-21; 24 CFR 941: .101 (2);
s8-91; s8-101; s8-122 (2); .102 (2); .103 (2); .205;
s8-146; .208; .209; .301; .303;
4910.1 Hbk: s607-1; ApE; .304; .306 (2); .404;
ApI (4); ApK (5); .501; .602; .606 (2);
7417.1 Hbk: Front (2); s4-30 .610;
1993 ..................................................31 24 CFR 965: .205; .215;
24 CFR 941: .103; .308; .407;
24 CFR 965: .101; .205;

24 CFR 968: .102; .103 (5); 49 CFR 24: .304; .306;
.105; .110 (2); .112 (2); 1378.0 Hbk: s4-3; s8-47
.145; .205; .315; .335; 20% LIMIT ........................................ 1
24 CFR 971: .1 (2); 24 CFR 968: .112
24 CFR 972: .121 (2);
HUD-52837: piii; 20 PERCENT .................................. 21
1378.0 Hbk: Intro 24 CFR 50: .20 (2);
24 CFR 51: .106;
1997 ................................................. 14 24 CFR 55: .12;
24 CFR 35: .115; 24 CFR 58: .35 (3);
24 CFR 50: .19; 24 CFR 135: .30 (3);
24 CFR 135: .30 (3); 24 CFR 902: .85 (2);
24 CFR 905: .120; 24 CFR 968: .112; .310;
24 CFR 941: .103; 24 CFR 971: .5;
24 CFR 968: .102; .103 (2); HUD-2530: p3;
.112; HUD-52481: Att;
24 CFR 971: .13 (2); HUD-52837: pi;
49 CFR 24: .208 HUD-5369: s10;
1998 ................................................. 18 1378.0 Hbk: s8-72;
24 CFR 50: .19; 7417.1 Hbk: s6-28
24 CFR 58: .1 (2); .35; 20 YEAR ........................................... 1
24 CFR 902: .1; .60; HUD-51994: p1
.75 (2);
24 CFR 905: .10 (7); 20 YEARS ......................................... 8
24 CFR 968: .112; 24 CFR 35: .110;
24 CFR 972: .121 (2) 24 CFR 968: .101; .105;
.210; .325;
1999 ................................................. 51 24 CFR 972: .124;
24 CFR 35: .98; .105; .165; 1378.0 Hbk: s8-231 (2)
.175; .215; .325; .510;
.630; .700; .730; .830; 200 ................................................... 19
.930; .940; .1000; .1020; 24 CFR 35: .1330;
.1140; .1200; .1225; 24 CFR 50: .32;
24 CFR 58: .1 (4); .2; 24 CFR 941: .203; .606;
24 CFR 902: .7 (2); .33 (2); 24 CFR 968: .101;
.60; 24 CFR 970: .11 (5);
24 CFR 905: .10 (20); .120; 24 CFR 971: .13;
24 CFR 943: .115; 4910.1 Hbk: c2; Idx (2);
24 CFR 968: .110 ApC; ApE; ApI; ApK;
7417.1 Hbk: s3-61
1-BEDROOM UNITS ....................... 1
24 CFR 971: .13 200 UNITS ........................................ 1
24 CFR 968: .101
1-BR .................................................. 2
HUD-52651-A: p1 (2) 2000 ................................................. 55
24 CFR 35: .105 (2); .110;
1-YEAR ............................................. 4 .115 (2); .200; .300;
49 CFR 24: .403; .500; .700; .715; .720;
1378.0 Hbk: s1-8; s3-7; s3-8 .800; .815 (3); .900 (6);
2 MONTHS ....................................... 3 .1000 (6); .1115;
1378.0 Hbk: s8-231 (2); .1200 (5);
7417.1 Hbk: s3-162 24 CFR 58: .1;
2 OR MORE BEDROOMS ............... 1 24 CFR 902: .5; .20; .25;
24 CFR 968: .103 .33 (2); .35 (5); .45;
.60 (3); .67; .77; .79;
2 PERCENT ...................................... 3 24 CFR 905: .10 (3);
24 CFR 55: .2; 4910.1 Hbk: ApH
4910.1 Hbk: ApK;
7417.1 Hbk: s4-29 2001 ................................................... 5
24 CFR 35: .715; .1115 (2);
2 TAXABLE YEARS ....................... 8 24 CFR 58: .1 (2)
49 CFR 24: .2; .306 (4);
1378.0 Hbk: s4-5 (3) 2002 ................................................... 1
24 CFR 35: .1115
2 YEAR ............................................. 2
HUD-52834: p1; p2 2003 ................................................... 4
24 CFR 35: .715;
2 YEARS ........................................... 4 24 CFR 972: .139;
4910.1 Hbk: Front (2) 24 CFR 40 ..........................................3
20-YEAR PERIOD ............................4 24 CFR 41: .5;
24 CFR 968: .101 (2); .210; 7417.1 Hbk: s3-43; s3-141
.325 24 CFR 5 ............................................6
2111 ....................................................1 HUD-52820: p1 (6)
4910.1 Hbk: ApH 24 CFR 50 ..........................................6
24 C.F.R. 200 .....................................4 24 CFR 55: .10 (2); .12;
HUD-2530: p3 (2); p4; 24 CFR 968: .110;
4910.1 Hbk: Idx 1378.0 Hbk: s1-32;
24 CFR 091 ........................................1 7417.1 Hbk: s3-92
7417.1 Hbk: s5-2 24 CFR 51 ..........................................3
24 CFR 1 ............................................1 24 CFR 50: .19;
7417.1 Hbk: s4-24 7417.1 Hbk: s3-94; s3-95
24 CFR 100 ........................................1 24 CFR 510 ........................................3
4910.1 Hbk: c100-3 1378.0 Hbk: s1-3; s8-161;
s8-164
24 CFR 12 ..........................................1
HUD-52825: p1 24 CFR 511 ........................................6
24 CFR 8: .30;
24 CFR 130 ........................................1 24 CFR 55: .1;
7417.1 Hbk: s3-45 1378.0 Hbk: s1-3; s8-51;
24 CFR 135 ........................................5 s8-53; s8-59
24 CFR 135: .92; 24 CFR 52 ..........................................1
24 CFR 964: .320; 7417.1 Hbk: s3-166
HUD-5370-C: s18;
7417.1 Hbk: s6-39; s11-12 24 CFR 55 ..........................................4
4910.1 Hbk: ApK (3);
24 CFR 200 ........................................9 7417.1 Hbk: s3-96
24 CFR 55: .1;
HUD-2530: p4; 24 CFR 570 ......................................43
4910.1 Hbk: s102-1 (3); ApJ; 24 CFR 55: .27;
ApK; 24 CFR 135: .5;
7417.1 Hbk: s3-61; s3-164 1378.0 Hbk: s1-3 (6);
s7-1 (3); s7-2; s7-3;
24 CFR 203 ........................................1 s7-7 (4); s7-11; s8-1 (7);
4910.1 Hbk: ApK s8-3 (2); s8-7 (2);
24 CFR 215 ........................................2 s8-8 (3); s8-21 (3);
1378.0 Hbk: s1-3; s8-221 s8-23 (2); s8-27 (4);
24 CFR 219 ........................................3 s8-49 (2)
1378.0 Hbk: s1-3; s8-192; 24 CFR 571 ........................................5
s8-194 1378.0 Hbk: s1-3; s8-31 (2);
24 CFR 221 ........................................1 s8-34; s8-38
1378.0 Hbk: s1-3 24 CFR 572 ........................................2
24 CFR 234 ........................................1 1378.0 Hbk: s1-3; s8-141
4910.1 Hbk: ApK 24 CFR 574 ........................................3
24 CFR 235 ........................................1 1378.0 Hbk: s8-61; s8-64;
24 CFR 8: .29 s8-67
24 CFR 236 ........................................1 24 CFR 576 ........................................1
1378.0 Hbk: s1-3 1378.0 Hbk: s1-3
24 CFR 24 ..........................................1 24 CFR 577 ........................................1
7417.1 Hbk: s3-49 1378.0 Hbk: s1-3
24 CFR 248 ........................................2 24 CFR 578 ........................................1
1378.0 Hbk: s8-231; s8-234 1378.0 Hbk: s1-3
24 CFR 280 ........................................4 24 CFR 579 ........................................1
1378.0 Hbk: s1-3; s8-151; 1378.0 Hbk: s1-3
s8-152; s8-155 24 CFR 58 ..........................................4
24 CFR 290 ........................................4 24 CFR 55: .10 (2); .12;
1378.0 Hbk: Intro; s1-3; 1378.0 Hbk: s1-32
s8-211; s8-217 24 CFR 582 ........................................2
1378.0 Hbk: s8-71; s8-74

24 CFR 583........................................ 1 24 CFR 890........................................ 1
1378.0 Hbk: s8-78 1378.0 Hbk: s1-3
24 CFR 8............................................ 5 24 CFR 891........................................ 4
24 CFR 945: .105; .203; 7417.1 Hbk: s4-1; s5-3;
7417.1 Hbk: s3-43; s3-141; s7-44; s7-45
s4-24 24 CFR 900........................................ 1
24 CFR 813........................................ 9 1378.0 Hbk: s1-3
1378.0 Hbk: s7-8; s7-21 (2); 24 CFR 905...................................... 18
s7-22 (2); s8-124; s8-173; 24 CFR 135: .92;
s8-185; s8-222 HUD-5369: s12;
24 CFR 84.......................................... 1 HUD-5370: s40;
24 CFR 902: .33 1378.0 Hbk: Intro; s1-3 (2);
24 CFR 841........................................ 4 s8-101 (7); s8-103 (3);
7417.1 Hbk: T/C; s1-1; s2-2; s8-10; s8-106
s6-38 24 CFR 906........................................ 1
24 CFR 85........................................ 54 1378.0 Hbk: s1-3
24 CFR 135: .11 (4); .36 (2); 24 CFR 913........................................ 8
.92 (2); 24 CFR 941: .207 (3);
24 CFR 902: .71; 24 CFR 945: .103;
24 CFR 941: .501; 24 CFR 968: .108;
24 CFR 963: .1; .10; 1378.0 Hbk: s8-85; s8-94;
.12 (6); 7417.1 Hbk: s3-125
24 CFR 965: .308 (2); 24 CFR 92.......................................... 9
24 CFR 968: .135 (7); .335; 1378.0 Hbk: s1-3 (2);
HUD-51915: E1.1; E1.2; E1.3; s8-41 (2); s8-43 (2);
E1.5; E1.6; E1.7; E1.8; s8-45; s8-50 (2)
E1.9; E1.14;
HUD-51975-A: s1.1; s1.2; 24 CFR 941...................................... 16
s1.3; s1.5; s1.6; 24 CFR 941: .207; .501 (2);
s1.7 (2); s1.8; s1.9; 24 CFR 963: .3;
s1.4; HUD-51994: p2;
HUD-5369C: s3; HUD-52484: p1 (2);
1378.0 Hbk: s1-3; 1378.0 Hbk: s1-3; s8-81;
7417.1 Hbk: Front; s3-15 (3); s8-85; s8-89;
s6-2 7417.1 Hbk: s3-113; s3-129;
s3-164; s4-24; s11-17
24 CFR 850........................................ 3
1378.0 Hbk: s8-171; s8-173; 24 CFR 941-207 ................................ 1
s8-174 7417.1 Hbk: s3-113
24 CFR 880........................................ 1 24 CFR 94L ....................................... 3
1378.0 Hbk: s1-3 HUD-51971: p1; p2;
HUD-52651-A: p1
24 CFR 881........................................ 1
1378.0 Hbk: s1-3 24 CFR 950...................................... 14
HUD-51994: p2;
24 CFR 882........................................ 9 HUD-52836: p1 (13)
1378.0 Hbk: s1-3 (3); s1-7;
s8-131 (4); 24 CFR 960........................................ 3
7417.1 Hbk: s4-29 24 CFR 941: .207 (2);
24 CFR 945: .301
24 CFR 883........................................ 1
1378.0 Hbk: s1-3 24 CFR 964........................................ 1
24 CFR 70: .2
24 CFR 884........................................ 1
1378.0 Hbk: s1-3 24 CFR 968...................................... 46
24 CFR 963: .3; .5; .12 (2);
24 CFR 885........................................ 3 HUD-51915: E1.4;
1378.0 Hbk: s1-3 (2); s8-127 HUD-51975-A: s1.4;
24 CFR 886........................................ 5 HUD-51994: p2;
1378.0 Hbk: s1-3 (2); HUD-52820: p1 (33);
s8-181 (3) HUD-5370: s47;
24 CFR 889........................................ 3 1378.0 Hbk: Intro; s1-3 (2);
1378.0 Hbk: s1-3; s8-121; s8-91 (2)
s8-124 24 CFR 970........................................ 6
24 CFR 971: .7; 24 CFR 8: .1;
1378.0 Hbk: Intro; s8-111; 24 CFR 968: .110;
s8-112 (2); s8-117 4910.1 Hbk: s100-2; ApE; ApK
24 CFR PART 1 .................................1 24 CFR PART 42 ...............................1
HUD-53012A: s12 24 CFR 58: .22
24 CFR PART 100 .............................1 24 CFR PART 43 ...............................1
HUD-53012A: s12 1378.0 Hbk: s8-77
24 CFR PART 107 .............................1 24 CFR PART 44 ...............................7
HUD-53012A: s12 24 CFR 941: .209;
24 CFR PART 12 ...............................2 24 CFR 965: .205;
7417.1 Hbk: s4-29; s4-30 24 CFR 968: .112; .145;
.335; .425; .428
24 CFR PART 135 ...........................34
24 CFR 135: .32; .38 (7); 24 CFR PART 5 ...............................11
24 CFR 964: .320; 24 CFR 51: .201;
HUD-51915: E1.12 (7); 24 CFR 135: .5;
HUD-51975-A: s1.12 (7); 24 CFR 902: .25; .33;
HUD-5370: s40 (7); 24 CFR 941: .103;
HUD-5370-C: s18 (4) 24 CFR 945: .105;
24 CFR 963: .5;
24 CFR PART 146 .............................1 24 CFR 965: .601 (2);
HUD-53012A: s12 24 CFR 968: .105; .110
24 CFR PART 200 .............................6 24 CFR PART 50 ...............................8
24 CFR 941: .203; .606; 24 CFR 55: .1; .10 (2);
4910.1 Hbk: T/C (2); ApC; 24 CFR 58: .11;
ApE 24 CFR 941: .608;
24 CFR PART 203 .............................1 24 CFR 968: .110;
1378.0 Hbk: s8-201 1378.0 Hbk: s1-32;
24 CFR PART 219 .............................1 7417.1 Hbk: s3-15
1378.0 Hbk: s8-191 24 CFR PART 51 ...............................4
24 CFR PART 24 ...............................7 24 CFR 50: .4;
24 CFR 135: .72; .74; 24 CFR 58: .6;
24 CFR 941: .205 (2); 4910.1 Hbk: s302-2; ApK
HUD-5369-A: s5; 24 CFR PART 511 .............................1
HUD-5370: s47c; s47e 24 CFR 8: .30
24 CFR PART 248 .............................3 24 CFR PART 52 ...............................2
24 CFR 50: .20; 7417.1 Hbk: s3-72; s6-4
1378.0 Hbk: s1-3; s8-231 24 CFR PART 55 ...............................2
24 CFR PART 26 ...............................1 24 CFR 58: .5 (2)
24 CFR 965: .205 24 CFR PART 570 .............................4
24 CFR PART 280 .............................1 24 CFR 42: .301 (3);
1378.0 Hbk: s8-151 24 CFR 55: .1
24 CFR PART 290 .............................2 24 CFR PART 571 .............................1
1378.0 Hbk: s8-202; s8-212 24 CFR 135: .5
24 CFR PART 291 .............................5 24 CFR PART 573 .............................3
1378.0 Hbk: T/C; s1-3; 24 CFR 50: .17; .19;
s8-201 (2); s8-202 24 CFR 55: .12
24 CFR PART 30 ...............................2 24 CFR PART 574 .............................1
24 CFR 35: .96; 1378.0 Hbk: s1-3
7417.1 Hbk: s4-30 24 CFR PART 576 .............................1
24 CFR PART 35 ...............................3 1378.0 Hbk: s8-71
24 CFR 902: .23; 24 CFR PART 577 .............................1
HUD-5370: s11; 1378.0 Hbk: s8-71
1378.0 Hbk: s1-7
24 CFR PART 578 .............................1
24 CFR PART 4 .................................2 1378.0 Hbk: s8-71
24 CFR 941: .610;
7417.1 Hbk: s4-30 24 CFR PART 579 .............................1
1378.0 Hbk: s8-71
24 CFR PART 40 ...............................5
24 CFR PART 58 .............................33

24 CFR 50: .1 (2); .17 (2); 1378.0 Hbk: s1-3 (2); s8-103;
24 CFR 51: .101 (3); .104 (2); s8-141
.303; .304 (4); 24 CFR PART 906 ............................ 1
24 CFR 55: .1 (3); .3 (2); 1378.0 Hbk: s8-141
.10; .11; .12 (2); .20;
.21; .24; .25 (2); .26; 24 CFR PART 91 .............................. 6
.27 (3); 24 CFR 42: .305; .325;
24 CFR 58: .13 24 CFR 968: .315 (3);
HUD-52835: p1
24 CFR PART 582 ............................ 2
1378.0 Hbk: s1-3; s8-71 24 CFR PART 912 ............................ 1
24 CFR 945: .105
24 CFR PART 583 ............................ 2
1378.0 Hbk: s1-3; s8-71 24 CFR PART 92 .............................. 3
24 CFR 42: .301;
24 CFR PART 70 .............................. 3 1378.0 Hbk: s8-41 (2)
24 CFR 968: .110 (3)
24 CFR PART 941 .......................... 12
24 CFR PART 791 ............................ 5 24 CFR 941: .207; .602;
24 CFR 941: .606 (2); .608; 24 CFR 970: .2 (2);
.612; HUD-53012B: Att5 Intro (2);
7417.1 Hbk: s7-14 HUD-5378: p1;
24 CFR PART 8 ................................ 2 1378.0 Hbk: s8-81; s8-87;
24 CFR 41: .1; 7417.1 Hbk: s3-113; s3-121;
HUD-53012A: s12 s3-127
24 CFR PART 85 ............................ 10 24 CFR PART 950 ............................ 5
24 CFR 941: .102; .602 (5); 24 CFR 965: .501;
24 CFR 965: .205; 24 CFR 968: .103 (2); .310;
24 CFR 970: .1; HUD-52832: p2
HUD-51975-A: s1.7; 24 CFR PART 960 ............................ 7
7417.1 Hbk: Front 24 CFR 945: .103; .105;
24 CFR PART 882 ............................ 2 .201 (2); .203; .303 (2)
24 CFR 135: .5; 24 CFR PART 963 ............................ 3
1378.0 Hbk: s8-137 24 CFR 135: .5; .40; .92
24 CFR PART 885 ............................ 4 24 CFR PART 966 ............................ 3
1378.0 Hbk: s8-121 (2); 24 CFR 945: .303 (2);
s8-122 (2) 24 CFR 965: .405
24 CFR PART 886 ............................ 2 24 CFR PART 968 ............................ 5
1378.0 Hbk: s8-183; s8-214 24 CFR 8: .25;
24 CFR PART 888 ............................ 2 24 CFR 970: .10;
24 CFR 42: .305; 1378.0 Hbk: s8-91; s8-92;
1378.0 Hbk: s7-9 s8-99
24 CFR PART 889 ............................ 2 24 CFR PART 970 .......................... 10
1378.0 Hbk: s8-121; s8-122 24 CFR 968: .112 (2); .315;
24 CFR PART 890 ............................ 2 24 CFR 969: .106; .107 (2);
24 CFR 945: .203; 24 CFR 970: .13 (2);
1378.0 Hbk: s8-121 1378.0 Hbk: s1-3; s8-111
24 CFR PART 900 ............................ 1 24 CFR PART 971 ............................ 1
24 CFR 965: .501 24 CFR 972: .206
24 CFR PART 901 ............................ 5 24 CFR PART 990 ............................ 2
24 CFR 941: .201; 24 CFR 969: .105 (2)
24 CFR 968: .103; .105; 24 HOURS......................................... 4
.310; .335 24 CFR 51: .106 (2);
24 CFR PART 902 ............................ 1 HUD-50072: p2 (2)
24 CFR 905: .120 24 MONTH ....................................... 1
24 CFR PART 904 ............................ 2 HUD-52840A: p1
24 CFR 968: .112; 24 MONTHS ..................................... 5
HUD-52832: p2 24 CFR 905: .10 (2); .120;
24 CFR PART 905 ............................ 7 1378.0 Hbk: s8-72; s8-231
24 CFR 135: .3; .92; 24-HOUR .......................................... 1
HUD-5369: s1; 24 CFR 51: .103
25 PERCENT ...................................10 HUD-52834: p1; p2
24 CFR 135: .5; .36; .40; 3 YEARS ............................................9
.92 (2); 24 CFR 35: .92 (2);
24 CFR 968: .310 (2); 24 CFR 42: .375;
HUD-2530: p3 (2); 49 CFR 24: .9 (2);
HUD-5369: s10 HUD-5370: s45;
250 ....................................................53 HUD-5370-C: s7;
24 CFR 35: .915 (2); HUD-92264: p2;
.1320 (3); 1378.0 Hbk: s8-234
24 CFR 902: .9; 30 CALENDAR DAYS ...................15
24 CFR 905: .10 (6); 24 CFR 50: .34;
24 CFR 968: .101 (2); 24 CFR 902: .73 (2); .79;
.103 (10); .105 (2); .145; 24 CFR 941: .606;
.240; 24 CFR 968: .235 (2);
24 CFR 972: .124; .310 (3); .325 (2); .330;
49 CFR 24: .401; .402 (3); HUD-50070: p1;
.504; .505; .603 (2); HUD-52825: pi
1378.0 Hbk: s1-3 (2); s1-6; 30 DAY ..............................................1
s3-4. (6); s3-6; s8-91; 24 CFR 970: .13
s8-92; s8-101;
4910.1 Hbk: s100-2; 30 DAYS ..........................................54
7417.1 Hbk: s3-132 (2) 24 CFR 35: .720; .730; .830;
.1130; .1215; .1225;
250 OR MORE UNITS ....................15 .1355;
24 CFR 905: .10 (3); 24 CFR 41: .5;
24 CFR 968: .101; .103 (7); 24 CFR 42: .375 (2);
1378.0 Hbk: s1-3 (2); s8-91; 24 CFR 58: .37; .46;
s8-101 24 CFR 87: .110; .600;
250 POUNDS .....................................1 24 CFR 135: .76;
4910.1 Hbk: s100-2 24 CFR 902: .69 (4); .73 (2);
250 PUBLIC HOUSING UNITS .......2 .75; .77;
24 CFR 968: .101; .105 24 CFR 945: .203; .205;
24 CFR 965: .502;
250 UNITS .........................................8 24 CFR 970: .13 (4);
24 CFR 905: .10 (3); 49 CFR 24: .203; .603;
24 CFR 968: .103 (3); .145; HUD-2530: p3;
1378.0 Hbk: s8-92 HUD-51971: p1; p3;
2700 ....................................................1 HUD-52651-A: p6;
7417.1 Hbk: s3-132 HUD-53012A: s9;
2850 ....................................................1 HUD-5370: s27; s29 (2); s36;
HUD-52484: p5 s46a (2);
HUD-5370-C: s2; s3; s9 (2);
2860 ....................................................1 1378.0 Hbk: s2-3; s3-7;
24 CFR 35: .145 s8-43; s8-150 (2); s8-231;
2-BEDROOM UNIT ..........................2 7417.1 Hbk: s5-14
24 CFR 42: .375 (2) 30 DAYS' ...........................................1
2-BEDROOM UNITS ........................1 24 CFR 965: .215
24 CFR 971: .13 30 PERCENT ...................................29
2-BR ...................................................3 24 CFR 135: .5; .30 (3);
HUD-52651-A: p1 (2); .36 (3);
7417.1 Hbk: s3-177 24 CFR 968: .310;
24 CFR 971: .5;
2ND ....................................................1 49 CFR 24: .2; .404;
HUD-92264: p4
1378.0 Hbk: s1-6; s1-8;
3 MONTHS ........................................5 s3-5 (2); s7-20; s8-3;
24 CFR 35: .110; s8-23; s8-34; s8-43;
24 CFR 42: .305; .375; s8-53; s8-64; s8-74;
7417.1 Hbk: s3-162 (2) s8-124; s8-134; s8-145;
3 PERCENT .......................................1 s8-173; Ap2; Ap6
7417.1 Hbk: s4-29 30 PERCENT OF GROSS
3 YEAR ..............................................2 HOUSEHOLD INCOME ...................5

1378.0 Hbk: s1-8; s8-53; 48 MONTH ....................................... 1
s8-124; s8-134; s8-173 HUD-52840A: p1
30 POINT BASIS .............................. 1 49 CFR 24........................................ 59
24 CFR 902: .25 24 CFR 42: .305;
30-DAY ............................................. 2 24 CFR 941: .207 (6);
HUD-5370: s46a (2) 24 CFR 968: .108;
30-MONTH DEADLINE .................. 8 24 CFR 970: .5;
7417.1 Hbk: s3-162 (2); 24 CFR 972: .130; .230;
s3-163; s3-164 (2); 1378.0 Hbk: s1-4; s1-5;
s3-165 (3) s1-6; s1-7; s1-8; s1-9;
s1-10; s1-11; s1-15;
30-MONTH DEADLINES ................ 1 s1-17; s1-18; s1-19;
7417.1 Hbk: s3-165 s1-20; s1-21; s1-22;
33-1/3 ................................................. 1 s1-23; s1-24; s1-29;
1378.0 Hbk: s4-5 s1-30; s1-31; s1-33;
3-BEDROOM UNITS ....................... 1 s2-2; s2-3; s2-7; s2-8;
24 CFR 971: .13 s3-2 (2); s3-3 (2);
s3-4. (3); s3-6; s3-8;
3-BR .................................................. 2 s4-2; s4-3; s4-5 (2);
HUD-52651-A: p1; s4-6; s4-7; s5-1; s5-2;
7417.1 Hbk: s3-177 s5-3; s5-4; s5-5; s5-6;
40 HOURS......................................... 7 s5-7; s5-8
HUD-52834: p5; 49 CFR PART 24 ............................ 78
HUD-5370: s46j (3); s47g (3) 24 CFR 42: .1; .350 (3);
40 PERCENT .................................... 1 24 CFR 941: .207 (5);
24 CFR 968: .103 24 CFR 968: .108 (4); .112;
24 CFR 970: .5 (4);
400 ................................................... 10 24 CFR 972: .118; .130;
24 CFR 35: .110; .1320;
.215; .230;
49 CFR 24: .602;
HUD-51971: p1;
1378.0 Hbk: s3-4. (2);
1378.0 Hbk: s1-2; s1-29 (2);
4910.1 Hbk: c4; ApD;
s3-7; s8-1; s8-7; s8-21;
ApH (2);
s8-27 (2); s8-31; s8-38;
7417.1 Hbk: s3-132
s8-41; s8-50; s8-51;
4000 ................................................... 3 s8-59; s8-61; s8-67;
4910.1 Hbk: s508-6 (3) s8-71; s8-78; s8-81;
4065.1 ................................................ 3 s8-89; s8-91; s8-99;
HUD-2530: p1; p2; s8-101; s8-106; s8-111;
7417.1 Hbk: s3-61 s8-117; s8-121; s8-127;
s8-131; s8-137 (2); s8-141;
40-YEAR PERIOD ........................... 1 s8-151; s8-155; s8-161;
24 CFR 941: .610
s8-168; s8-171; s8-176;
42 MONTHS ..................................... 4 s8-181; s8-188; s8-192;
49 CFR 24: .404; s8-197; s8-201; s8-211;
1378.0 Hbk: s7-22; s8-47; s8-214; s8-217; s8-221;
Ex7-1 s8-225;
42 TIMES .......................................... 5 7417.1 Hbk: s3-113 (4);
49 CFR 24: .402; s3-121; s3-129
1378.0 Hbk: s3-4. (2); 4-BEDROOM UNITS ....................... 1
s3-5 (2) 24 CFR 971: .13
42 TIMES THE AMOUNT ............... 5 4-BR .................................................. 2
49 CFR 24: .402; HUD-52651-A: p1;
1378.0 Hbk: s3-4. (2); 7417.1 Hbk: s3-177
s3-5 (2) 5 BEDROOMS .................................. 1
45 CALENDAR DAYS .................... 3 4910.1 Hbk: s100-2
24 CFR 968: .108; 5 DAYS ............................................. 1
1378.0 Hbk: s8-103; s8-10
HUD-5370: s29
45 CALENDAR DAYS BEFORE .... 3 5 MONTHS ....................................... 2
24 CFR 968: .108;
HUD-52484: p5 (2)
1378.0 Hbk: s8-103; s8-10
5 PERCENT ...................................... 9
24 CFR 35: .86 (2); .110; 1378.0 Hbk: s1-3 (2); s8-91;
.1135; s8-101
24 CFR 968: .112; 500-YEAR FLOODPLAIN..............15
24 CFR 970: .11; 24 CFR 55: .2; .11; .12;
HUD-52484: p5 (3) .20 (8); .21; .22 (3)
5 YEARS ..........................................10 50-YEAR CAP ...................................5
24 CFR 905: .10 (3); 24 CFR 905: .10 (4);
24 CFR 965: .407; HUD-52832: p2
24 CFR 968: .103;
24 CFR 970: .11 (5) 51 PERCENT ...................................15
24 CFR 135: .5; .36 (3);
50 MILES .........................................10 24 CFR 902: .25;
49 CFR 24: .301 (2); .303 (3); 24 CFR 963: .5;
1378.0 Hbk: s3-2 (2); s4-2 (3) HUD-2516: p2;
50 PER CENTUM ..............................4 HUD-5369: s12;
24 CFR 135: .5 (2); HUD-5369-A: s7 (3); s8;
HUD-2516: p2 (2) HUD-5369C: s2 (3)
50 PERCENT ...................................19 51 PERCENT OWNED .....................5
24 CFR 35: .630; 24 CFR 963: .5;
24 CFR 51: .104; HUD-5369-A: s7 (2);
24 CFR 55: .2; HUD-5369C: s2 (2)
24 CFR 902: .75 (2); 5230 ....................................................1
24 CFR 941: .202; 24 CFR 40: .7
24 CFR 968: .103; .104;
24 CFR 970: .11 (3); 5-BEDROOM UNITS ........................1
24 CFR 971: .13; 24 CFR 971: .13
HUD-52834: p6; 5-BR ...................................................1
HUD-52837: pii; HUD-52651-A: p1
HUD-5369: s10; 5-YEAR ............................................11
HUD-5370: s27; 24 CFR 905: .10 (2);
1378.0 Hbk: s8-235; 24 CFR 970: .11;
4910.1 Hbk: s100-4; s403-1 24 CFR 972: .106; .127;
50 YEAR ............................................1 .130;
24 CFR 968: .103 49 CFR 24: .103;
50 YEARS ..........................................7 HUD-52840A: p1;
24 CFR 945: .105; 1378.0 Hbk: s5-3; s8-72 (2)
49 CFR 24: .2; .101; .603; 5-YEAR PERIOD ..............................5
1378.0 Hbk: s3-7; s5-1; Ap20 24 CFR 905: .10 (2);
500 ....................................................62 24 CFR 970: .11;
24 CFR 35: .100; 1378.0 Hbk: s8-72 (2)
24 CFR 50: .42 (4); 5-YEAR PLAN ..................................4
24 CFR 51: .208; 24 CFR 972: .106; .127;
24 CFR 58: .37 (5); .130;
24 CFR 135: .30; HUD-52840A: p1
24 CFR 971: .13 (9); 5-YEAR SALES HISTORY ..............2
49 CFR 24: .2; .102; .103; 49 CFR 24: .103;
.401; .503; .505; 1378.0 Hbk: s5-3
.603 (2);
HUD-52842: p4 (2); 6 FT ....................................................2
1378.0 Hbk: s1-3 (2); s1-6; 4910.1 Hbk: s401-2; s402-1
s3-3 (3); s3-6; s4-3; 6 MONTHS ........................................2
s5-2; s5-3; s5-8; s8-91; 1378.0 Hbk: s8-72; s8-231
s8-92 (3); s8-101;
4910.1 Hbk: c5; ApD; ApK;
6 YEARS ..........................................30
24 CFR 35: .86; .110 (2);
7417.1 Hbk: s3-19 (5); s3-132;
.325; .715 (3); .720;
s3-177 (3); s5-12 (3)
.730 (2); .820 (4);
500 EMPLOYEES .............................2 .830 (2); .1120 (3);
49 CFR 24: .2; .1130 (2); .1200 (2);
1378.0 Hbk: s4-3 .1225 (3); .1320;
500 OR MORE UNITS ......................5 .1330 (2);
24 CFR 135: .30; 24 CFR 970: .11

60 CALENDAR DAYS .................... 5 75 PERCENT .................................... 3
24 CFR 968: .310 (5) 24 CFR 8: .23;
60 DAY ............................................. 1 24 CFR 50: .20;
24 CFR 965: .507 24 CFR 58: .35
60 DAY NOTICE REQUIREMENT 1 75 PERCENT OR MORE ................. 1
24 CFR 965: .507 24 CFR 8: .23
60 DAYS ......................................... 12 75-DAY ............................................. 5
24 CFR 35: .1355; 24 CFR 968: .320 (3); .325 (2)
24 CFR 965: .502; 75-DAY REVIEW PERIOD ............. 2
24 CFR 970: .13 (3); 24 CFR 968: .320; .325
49 CFR 24: .10; 76101 ................................................. 2
HUD-52651-A: p6 (2); 24 CFR 941: .102; .103
HUD-5370: s34;
1378.0 Hbk: s1-33; 76102 ................................................. 1
7417.1 Hbk: s3-72; s4-25 24 CFR 941: .306
60 MONTHLY INSTALLMENTS ... 1 791 ..................................................... 5
1378.0 Hbk: s7-16 24 CFR 941: .606 (2); .608;
.612;
60 MONTHLY PAY ......................... 1 HUD-52481: s3
1378.0 Hbk: s7-22
791. .................................................... 1
60 MONTHLY RENTAL ................. 1 7417.1 Hbk: s7-14
1378.0 Hbk: Ex7-1
7917 ................................................... 1
60 MONTHS ..................................... 3 7417.1 Hbk: s12-12
1378.0 Hbk: s7-22; s8-47;
Ex7-1 8 HOURS........................................... 1
HUD-50072: p1
60 PERCENT .................................. 22
24 CFR 902: .7; .25; 80 PER CENTUM ............................. 4
.35 (2); .45 (2); .53; 24 CFR 135: .5 (2);
.67 (9); .71; .73; HUD-2516: p2 (2)
.75 (3); 80 PERCENT .................................... 1
24 CFR 968: .103 1378.0 Hbk: s1-16
600 ..................................................... 5 811 ..................................................... 3
4910.1 Hbk: c6; ApE; ApH; 24 CFR 50: .17;
ApI; 24 CFR 70: .1;
7417.1 Hbk: s3-132 1378.0 Hbk: s8-122
62 YEARS ......................................... 5 85 PERCENT .................................... 2
24 CFR 35: .86; .110; 7417.1 Hbk: s4-25; s4-29
24 CFR 945: .105; 850 ..................................................... 2
1378.0 Hbk: s7-8; s7-22 24 CFR 51: .208 (2)
6200 ................................................... 1 850.3 .................................................. 1
HUD-52842: p1 1378.0 Hbk: s8-174
6600 OR MORE UNITS ................... 1 850.34 ................................................ 2
24 CFR 905: .10 1378.0 Hbk: s8-171; s8-173
6-BR .................................................. 1 85013 ................................................. 1
HUD-52651-A: p1 4910.1 Hbk: ApH
70 DEGREES .................................... 1 880 ..................................................... 4
49 CFR 24: .2 24 CFR 51: .208; .300; .302;
70 PERCENT .................................... 6 .303
24 CFR 902: .67 (2); .73 (4) 880.209 .............................................. 2
7475.1 ................................................ 1 1378.0 Hbk: s1-3; s8-221
HUD-52396: p1 881.209 .............................................. 2
7485.1 .............................................. 12 1378.0 Hbk: s1-3; s8-221
HUD-50070: p1 (6); pi; 882 ..................................................... 6
pii (2); 24 CFR 135: .5;
HUD-53009-A: p1 (2); p2 24 CFR 970: .11 (4);
75 F .................................................... 1 4910.1 Hbk: ApG
4910.1 Hbk: s100-2 882. .................................................... 1
1378.0 Hbk: s8-137 1378.0 Hbk: s2-3; s3-4.;
882.109 ...............................................2 s3-5 (2); s3-8; s8-52 (2);
1378.0 Hbk: s1-7; s8-83; Ap3; Ap5; Ap6;
7417.1 Hbk: s4-29 Ap7; Ap25; Ap26;
7417.1 Hbk: s3-123; s8-5;
882.406 ...............................................4 s10-30
1378.0 Hbk: s1-3; s8-131 (2);
s8-134 90 DAYS' ...........................................4
49 CFR 24: .203;
882.712 ...............................................3 1378.0 Hbk: s2-3 (3)
1378.0 Hbk: s1-3; s8-131 (2)
90 MPH ..............................................3
882.810 ...............................................4 4910.1 Hbk: ApD (3)
1378.0 Hbk: s1-3; s8-131 (2);
s8-134 90 PERCENT ...................................13
24 CFR 902: .35; .43; .67;
883.311 ...............................................2 .71 (2);
1378.0 Hbk: s1-3; s8-221 24 CFR 968: .105;
884.112 ...............................................2 24 CFR 970: .6;
1378.0 Hbk: s1-3; s8-221 24 CFR 971: .5;
886 ......................................................5 24 CFR 972: .127;
24 CFR 58: .1; HUD-51004: p1;
1378.0 Hbk: s8-181 (2); HUD-52832: p2;
s8-183; s8-214 7417.1 Hbk: s6-44 (2)
886.113 ...............................................2 901 ....................................................15
1378.0 Hbk: s1-3; s8-181 24 CFR 902: .75;
24 CFR 941: .201; .401;
886.338 ...............................................3 .402; .403 (2);
1378.0 Hbk: Intro; s1-3; 24 CFR 968: .103 (4);
s8-181 .205 (2); .310; .335;
888. .....................................................2 HUD-52825: pi
24 CFR 42: .305; 901. .....................................................1
1378.0 Hbk: s7-9 24 CFR 968: .105
888-245-4860 .....................................6 901.140 ...............................................2
24 CFR 902: .24 (2); .25; 24 CFR 968: .205 (2)
.35; .45; .53
901.5 ...................................................2
891 ......................................................2 24 CFR 968: .103 (2)
7417.1 Hbk: s7-44; s7-45
902 ......................................................5
891. .....................................................2 24 CFR 50: .1;
7417.1 Hbk: s4-1; s5-3 24 CFR 905: .10 (2); .120;
9 MONTHS ........................................6 HUD-52825: pi
24 CFR 902: .33; .60 (2); 902.1 ...................................................1
1378.0 Hbk: s8-231; 24 CFR 902: .60
7417.1 Hbk: s3-162 (2)
902.20 .................................................1
90% OF THE TDC LIMIT.................1 24 CFR 902: .24
24 CFR 941: .306
902.23 .................................................1
90 DAYS ..........................................52 24 CFR 902: .20
24 CFR 35: .715 (2); .815;
.820 (4); .1120 (2); 902.24 .................................................1
24 CFR 41: .5; 24 CFR 902: .7
24 CFR 902: .73; 902.25 .................................................1
24 CFR 945: .203 (3); 24 CFR 902: .63
24 CFR 965: .205; 902.33 .................................................2
24 CFR 972: .109 (2); 24 CFR 902: .30; .60
.130 (2); .230 (2);
.236 (2); 902.35 .................................................4
49 CFR 24: .203 (4); .402; 24 CFR 902: .7; .20; .30;
.504; .63
HUD-2530: p1 (2); p2 (2); 902.43 .................................................3
p3; 24 CFR 902: .20; .40; .67
HUD-5370: s46d; 902.51 .................................................1
24 CFR 902: .53

902.60 ................................................ 2 1378.0 Hbk: s8-103
24 CFR 902: .43; .50 906 ..................................................... 2
902.67 ................................................ 3 24 CFR 970: .13;
24 CFR 902: .9; .45; .69 1378.0 Hbk: s8-141
902.68 ................................................ 3 906.10 ................................................ 2
24 CFR 902: .25 (2); .63 1378.0 Hbk: s1-3; s8-141
902.69 ................................................ 1 90601 ................................................. 1
24 CFR 902: .63 4910.1 Hbk: ApI
902.71 ................................................ 1 9082 ................................................... 4
24 CFR 902: .67 24 CFR 35: .88; .90; .92;
.94
902.75 ................................................ 5
24 CFR 902: .67 (2); .77; 90-DAY ........................................... 20
.79 (2) 24 CFR 941: .207;
49 CFR 24: .203 (3); .402;
902.77 ................................................ 2 .504; .603;
24 CFR 902: .75 (2) 1378.0 Hbk: T/C (2); s1-6 (2);
902.79 ................................................ 4 s2-3 (5); s2-5; s3-4.;
24 CFR 902: .77 (4) s3-5; s6-2
902.83 ................................................ 5 90-DAY NOTICE ........................... 11
24 CFR 902: .77 (2); .79 (3) 24 CFR 941: .207;
903 ..................................................... 2 49 CFR 24: .203 (3);
24 CFR 905: .10; 1378.0 Hbk: s2-3 (5); s2-5;
24 CFR 943: .128 s6-2
903.23 ................................................ 1 90-DAY OCCUPANT....................... 6
24 CFR 902: .50 1378.0 Hbk: T/C (2); s1-6 (2);
s3-4.; s3-5
904 ..................................................... 2 90-DAY OCCUPANTS .................... 2
24 CFR 968: .112;
HUD-52832: p2 49 CFR 24: .402; .603
905 ................................................... 16 90-DAYS ........................................... 2
24 CFR 135: .92; 24 CFR 972: .130; .230
24 CFR 965: .101; 91-DAY TREASURY BILL ............. 2
24 CFR 970: .13; 24 CFR 968: .112;
HUD-5369: s1; HUD-52842: p3
1378.0 Hbk: s1-3 (2); 941 ................................................... 18
s8-101 (5); s8-103 (3); 24 CFR 941: .207;
s8-10; s8-141 24 CFR 943: .140;
905. .................................................... 3 24 CFR 968: .103 (2);
24 CFR 135: .3; 24 CFR 970: .2 (2); .11 (3);
1378.0 Hbk: s1-3; s8-101 HUD-52484: p1 (2);
905.1010 ............................................ 1 HUD-53012B: Att5 Intro (2);
1378.0 Hbk: s8-141 HUD-5378: p1;
1378.0 Hbk: s8-81; s8-87;
905.102 .............................................. 1 7417.1 Hbk: s3-121; s3-127
24 CFR 135: .92
941. .................................................... 2
905.115 .............................................. 2 24 CFR 941: .602;
HUD-51915: E1.17; 7417.1 Hbk: s3-113
HUD-51975-A: s1.7
941.101 .............................................. 1
905.117 .............................................. 4 24 CFR 941: .101
1378.0 Hbk: Intro; s1-3;
s8-101; s8-106 941.102 .............................................. 2
24 CFR 941: .207; .306
905.170 .............................................. 1
HUD-5370: s40 941.103 .............................................. 1
24 CFR 941: .602
905.175 .............................................. 1
HUD-5369: s12 941.201 .............................................. 5
24 CFR 941: .205; .602 (2);
905.201 .............................................. 1 .610 (2)
24 CFR 135: .92
941.202 .............................................. 1
905.325 .............................................. 1 24 CFR 941: .602
941.203 ...............................................2 943.118 ...............................................1
24 CFR 941: .402; .602 24 CFR 943: .122
941.205 ...............................................4 943.124 ...............................................1
24 CFR 941: .101; .205; 24 CFR 943: .122
.501; .602 943.126 ...............................................1
941.207 ...............................................9 24 CFR 943: .122
24 CFR 941: .101; .202; 943.150 ...............................................1
.602; 24 CFR 943: .151
1378.0 Hbk: s1-3; s8-81;
s8-85; s8-89; 945.105 ...............................................2
7417.1 Hbk: s3-113; s3-129 24 CFR 945: .103; .203
941.208 ...............................................4 945.201 ...............................................1
24 CFR 941: .203; .602; 24 CFR 945: .105
24 CFR 963: .3; 945.203 ...............................................7
7417.1 Hbk: s4-24 24 CFR 945: .201 (3); .203;
941.209 ...............................................1 .205 (3)
24 CFR 941: .602 945.205 ...............................................2
941.301 ...............................................2 24 CFR 945: .105; .201
24 CFR 941: .101; .301 945.303 ...............................................2
941.302 ...............................................1 24 CFR 945: .203 (2)
24 CFR 941: .305 95 PERCENT .....................................2
941.303 ...............................................5 7417.1 Hbk: s6-44 (2)
24 CFR 941: .101; .103; 95 PERCENT OCCUPANCY LEVEL1
.302; .303; .305 7417.1 Hbk: s6-28
941.304 ...............................................4 960 ......................................................8
24 CFR 941: .101; .103; 24 CFR 945: .103; .105;
.304; .305 .201 (2); .203; .301;
941.305 ...............................................2 .303 (2)
24 CFR 941: .303; .304 960.204 ...............................................2
941.306 ...............................................5 24 CFR 941: .207 (2)
24 CFR 941: .102; .103 (2); 960.211 ...............................................1
.306; .602 24 CFR 945: .301
941.402 ...............................................3 9601 ....................................................1
24 CFR 941: .101; .501; .602 24 CFR 50: .4
941.403 ...............................................1 963 ......................................................1
24 CFR 941: .602 24 CFR 135: .40
941.404 ...............................................4 963. .....................................................2
24 CFR 941: .101; .404; 24 CFR 135: .5; .92
.602; 963.10 .................................................3
HUD-51994: p2 24 CFR 963: .3; .12 (2)
941.406 ...............................................2 964 ......................................................2
7417.1 Hbk: s3-164; s11-17 24 CFR 968: .112; .215
941.501 ...............................................7 964.41 .................................................1
24 CFR 941: .602; 24 CFR 70: .2
24 CFR 968: .103 (6)
941.602 ...............................................1 965 ......................................................3
24 CFR 941: .208;
24 CFR 941: .604 24 CFR 968: .115; .135
941.606 ...............................................5 965.101 ...............................................2
24 CFR 941: .101; .604; 24 CFR 941: .402;
.606; .608; .612 24 CFR 968: .110
941.610 ...............................................3 965.205 ...............................................1
24 CFR 941: .101; .610; .612 24 CFR 965: .215
941.612 ...............................................1 965.215 ...............................................1
24 CFR 941: .610 24 CFR 35: .1140
941-207...............................................1 965.405 ...............................................1
7417.1 Hbk: s3-113

24 CFR 965: .402 24 CFR 968: .105
965.406 .............................................. 1 968.125 .............................................. 3
24 CFR 965: .407 24 CFR 968: .103 (2); .325
965.502 .............................................. 3 968.135 .............................................. 4
24 CFR 965: .501; .507; .508 24 CFR 968: .101;
965.505 .............................................. 1 HUD-52820: p1 (3)
24 CFR 965: .507 968.145 .............................................. 4
965.506 .............................................. 2 24 CFR 968: .101;
24 CFR 965: .501; .505 HUD-52820: p1 (3)
966 ..................................................... 4 968.203 .............................................. 1
24 CFR 945: .301; .303; HUD-5370: s47
4910.1 Hbk: ApH; 968.205 .............................................. 2
7417.1 Hbk: s5-12 24 CFR 968: .104; .210
966. .................................................... 2 968.210 .............................................. 3
24 CFR 945: .303; 24 CFR 968: .101;
24 CFR 965: .405 HUD-52820: p1 (2)
968 ..................................................... 5 968.215 .............................................. 3
24 CFR 8: .25; 24 CFR 968: .101;
24 CFR 970: .10; HUD-52820: p1 (2)
1378.0 Hbk: s8-91 (2); s8-92 968.225 .............................................. 1
968. .................................................... 1 24 CFR 968: .101
1378.0 Hbk: s8-92 968.230 .............................................. 1
968.101 .............................................. 3 24 CFR 968: .101
HUD-52820: p1 (3) 968.235 .............................................. 2
968.102 .............................................. 3 HUD-51915: E1.4;
HUD-52820: p1 (3) HUD-51975-A: s1.4
968.103 ............................................ 21 968.240 .............................................. 1
24 CFR 968: .104 (8); .112; 24 CFR 963: .12
.310 (7); .315 (3); .320; 968.305 .............................................. 2
.335 24 CFR 968: .104; .315
968.104 .............................................. 2 968.310 .............................................. 5
24 CFR 968: .103; .112 24 CFR 968: .101; .103;
968.105 .............................................. 5 .315; .325; .335
24 CFR 963: .5; 968.315 ............................................ 18
24 CFR 968: .112; .205; 24 CFR 968: .101; .103 (2);
.215; .305 .104 (2); .112 (2);
968.108 .............................................. 8 .305 (2); .310; .315;
24 CFR 968: .108; .112; .320; .325 (5);
HUD-52820: p1 (3); HUD-52836: p1
1378.0 Hbk: Intro; s8-91; 968.320 .............................................. 2
s8-99 24 CFR 968: .315; .325
968.110 ............................................ 19 968.325 .............................................. 6
24 CFR 963: .3; 24 CFR 968: .101; .112 (2);
24 CFR 968: .135; .315; .310; .315;
.325; .435; HUD-52836: p1
HUD-52820: p1 (12);
1378.0 Hbk: s1-3 (2) 968.330 .............................................. 5
24 CFR 968: .101; .320;
968.112 .............................................. 6 .325; .335;
24 CFR 35: .1135; HUD-52836: p1
24 CFR 968: .102; .305;
.315 (3) 968.335 .............................................. 7
24 CFR 963: .12;
968.115 .............................................. 8 24 CFR 968: .103 (4); .320;
24 CFR 968: .103 (2); .112; .325
.425;
HUD-51994: p2; 968.345 .............................................. 1
HUD-52820: p1 (3) 24 CFR 968: .325
968.120 .............................................. 1 969.104 .............................................. 1
24 CFR 969: .105 972.121 ...............................................1
969.105 ...............................................3 24 CFR 972: .130
24 CFR 969: .103; .104; .106 972.121-..............................................1
969.106 ...............................................2 24 CFR 972: .106
24 CFR 969: .103; .104 972.124 ...............................................1
970 ....................................................13 24 CFR 972: .127
24 CFR 35: .1120; 972.127 ...............................................3
24 CFR 968: .112; .315; 24 CFR 972: .106; .124; .130
24 CFR 969: .106; .107;
24 CFR 970: .13 (4); 972.130-972.136.................................1
1378.0 Hbk: s1-3; s8-111; 24 CFR 972: .106
s8-112 (2) 972.133 ...............................................1
970. .....................................................3 24 CFR 972: .130
24 CFR 968: .112; 972.218 ...............................................1
24 CFR 969: .107; 24 CFR 972: .230
24 CFR 970: .13 972.218-972.224.................................1
970.11 .................................................7 24 CFR 972: .209
24 CFR 970: .4 (2); .5; 972.224 ...............................................3
.8 (2); .11 (2) 24 CFR 972: .206 (2); .230
970.12 .................................................1 972.227-972.233.................................1
24 CFR 970: .11 24 CFR 972: .209
970.13 .................................................2 972.230 ...............................................3
24 CFR 970: .4; .8 24 CFR 972: .233; .239 (2)
970.2 ...................................................1 97204 ..................................................1
24 CFR 970: .3 4910.1 Hbk: ApH
970.3 ...................................................1 97225 ..................................................1
24 CFR 970: .2 4910.1 Hbk: ApH
970.4 ...................................................5 982 ......................................................1
24 CFR 970: .8 (2); .13 (3) 24 CFR 42: .350
970.5 .................................................12 982.401 ...............................................2
24 CFR 970: .4 (2); .8 (2); 24 CFR 968: .435 (2)
.9; .11 (3);
24 CFR 971: .7; 982.504 ...............................................1
1378.0 Hbk: Intro; s8-111; 24 CFR 8: .28
s8-117 9858 ....................................................1
970.6 ...................................................2 1378.0 Hbk: s7-21
24 CFR 970: .7; .8 990 ......................................................4
970.7 ...................................................2 24 CFR 969: .105 (2);
24 CFR 970: .7; .8 1378.0 Hbk: Ap21; Ap23
970.8 ...................................................2 990.107 ...............................................1
24 CFR 970: .11 (2) 24 CFR 965: .305
970.9 ...................................................3 990.108 ...............................................3
24 CFR 970: .8 (2); .13 24 CFR 971: .7;
24 CFR 972: .109; .212
971 ......................................................2
24 CFR 972: .121; .206 990.114 ...............................................3
24 CFR 971: .7;
971.3 ...................................................2 24 CFR 972: .109; .212
24 CFR 971: .9 (2)
971.5 ...................................................1 99-YEAR LEASE ..............................3
49 CFR 24: .2;
24 CFR 971: .3 1378.0 Hbk: s3-7; Ap20
971.9 ...................................................1 ABANDONED...................................7
24 CFR 971: .7 24 CFR 902: .23;
971--METHODOLOGY ....................1 24 CFR 971: .3;
24 CFR 971: .13 24 CFR 972: .124;
972.118 ...............................................1 49 CFR 24: .107;
24 CFR 972: .112 HUD-5370: s17;
1378.0 Hbk: s5-7; Ap20

ABANDONED VEHICLES ............. 1 HUD-5369: s4;
24 CFR 902: .23 HUD-5369-B: s5;
HUD-5370-C: s18;
ABANDONMENT ............................ 1 HUD-92264: p8;
HUD-53012A: s17 1378.0 Hbk: s8-72;
ABATE .............................................. 7 4910.1 Hbk: ApA;
24 CFR 35: .210; .930; 7417.1 Hbk: s6-43; s8-52
.1120 (2); ABILITY TO LOCATE AN
24 CFR 51: .208;
24 CFR 902: .43; ACCESSIBLE UNIT......................... 1
7417.1 Hbk: s3-113 24 CFR 8: .28
ABATED ........................................... 6 ABNORMAL .................................... 2
24 CFR 35: .210; .1330; HUD-52396: p1;
.1335; .1355; HUD-52651-A: p8
HUD-50072: p2 (2) ABOVE GRADE............................... 2
ABATEMENT ................................ 96 HUD-5087: s3; s7
24 CFR 35: .86; .100 (2); ABOVE GRADE AND ..................... 1
.110 (9); .115 (4); HUD-5087: s6
.120 (3); .155; .165 (10); ABRASIVE ....................................... 2
.175; .210 (5); .630 (5); 24 CFR 35: .140;
.730; .830; .915; .1115; 4910.1 Hbk: s100-2
.1120; .1125 (2); .1130;
.1135 (2); .1225; ABS ................................................... 2
.1325 (4); .1330 (4); 4910.1 Hbk: ApF (2)
.1340 (5); .1355 (2); ABSENCE ....................................... 26
24 CFR 51: .4; .100; 24 CFR 8: .3;
.101 (4); 24 CFR 35: .110; .120;
24 CFR 58: .1; .1355;
24 CFR 135: .3; .5 (2); 24 CFR 50: .22; .32;
24 CFR 905: .120; 24 CFR 58: .40; .72;
24 CFR 968: .112; .315 (2); 24 CFR 135: .30;
24 CFR 970: .7; 24 CFR 945: .205; .303;
HUD-52820: p1 (2); 24 CFR 969: .106;
HUD-52832: p2; HUD-52484: p5;
HUD-52836: p1; HUD-5369-A: s4;
HUD-52837: pi; pii (4); HUD-5369C: s5;
HUD-53012B: Att7.1; HUD-5370: s20;
7417.1 Hbk: T/C; s3-79; 4910.1 Hbk: s615-2; ApK (2);
s3-94; s3-113 7417.1 Hbk: s1-5; s3-146;
ABATEMENT OF LEAD-BASED s4-2; s4-12; s4-26;
s6-43; s7-84
PAINT ............................................... 9
24 CFR 35: .115; .210 (2); ABSENT............................................ 4
.1125; .1340; 24 CFR 87: .400;
24 CFR 58: .1; 24 CFR 902: .79;
24 CFR 135: .3; .5 (2) 1378.0 Hbk: s1-31; s3-6
ABATEMENT STANDARDS ......... 1 ABSORB ........................................... 3
24 CFR 968: .315 24 CFR 941: .304;
7417.1 Hbk: s6-25; s7-24
ABILITIES ........................................ 2
7417.1 Hbk: s4-26; s5-23 ABSORBED ...................................... 2
24 CFR 51: .208;
ABILITY ......................................... 24 24 CFR 972: .130
24 CFR 8: .3; .28;
24 CFR 87: .400 (2); ABSORPTION .................................. 3
24 CFR 135: .36 (3); HUD-51994: p7;
24 CFR 902: .75; 4910.1 Hbk: ApK (2)
24 CFR 905: .120; ABSORPTION BED ......................... 1
24 CFR 943: .148; 4910.1 Hbk: ApK
24 CFR 945: .105 (2); ABSORPTION FIELD ...................... 1
24 CFR 963: .10; 4910.1 Hbk: ApK
24 CFR 968: .310;
24 CFR 971: .11; ABUSE ............................................ 10
24 CFR 972: .218; 24 CFR 8: .3 (2);
24 CFR 50: .19; Att5.16 (2); Att5.17 (5);
24 CFR 58: .34; Att6 Intro; Att6.1;
24 CFR 965: .502; Att6.2 (3); Att6.3;
HUD-50070: p1 (3); Att6.5 (6); Att6.8; Att6.9;
1378.0 Hbk: s8-62; Att6.11; Att6.12 (8);
7417.1 Hbk: s4-29 Att6.13 (3);
ABUSER ............................................2 HUD-5370: s1;
24 CFR 8: .3 (2) 7417.1 Hbk: T/C; s2-3;
s3-3 (3); s3-11; s3-13 (3);
ABUTTING PROPERTIES ...............1 s3-14 (2); s3-19;
4910.1 Hbk: ApK s3-31 (2); s3-32;
ABUTTING STREETS......................2 s3-113 (4); s3-162 (5);
1378.0 Hbk: Ap20 (2) s3-164 (2); s3-165 (2);
ACADEMY ........................................2 s3-167 (2); s3-177;
4910.1 Hbk: ApB; ApH s4-14 (3); s4-28 (2);
s4-29; s5-12; s5-14 (4);
ACC ................................................397 s5-15 (2); s5-24 (3);
24 CFR 135: .5 (4); s6-2 (3); s6-3; s6-4;
24 CFR 902: .3; .5 (3); .24; s6-5 (2); s6-24; s6-28 (2);
.73; .79 (2); s6-29 (4); s6-30 (6);
24 CFR 905: .10 (3); s7-1 (4); s7-34 (3); s7-36;
24 CFR 941: .102 (2); .103; s7-64 (2); s7-115 (3);
.205 (2); .302 (7); s7-122; s7-125; s8-8;
.305 (4); .306 (2); .404; s8-32; s9-103; s10-132;
.501; .602; .606; s12-11; s12-13
.608 (3); .610 (10);
.612 (3); .614; .616; ACC AMENDMENT .......................34
24 CFR 943: .115 (2); 24 CFR 905: .10;
.120 (3); .130 (2); 24 CFR 941: .302 (2);
24 CFR 945: .105; .305 (2); .608 (3);
24 CFR 963: .3; .5 (2); .610 (3); .612;
24 CFR 965: .201; .205; 24 CFR 968: .103 (3);
.215; .105 (2); .125; .210 (6);
24 CFR 968: .103 (8); .325 (4);
.105 (6); .125; .210 (9); 24 CFR 969: .104 (2);
.325 (7); .335 (3); .425; .105 (2); .106;
24 CFR 969: .101; .102; 7417.1 Hbk: s3-167
.103 (4); .104 (6); ACC AMENDMENTS ......................1
.105 (18); .106 (8); 24 CFR 941: .610
.107 (2); ACC EXECUTION ............................9
24 CFR 970: .2 (3); .5; .8; 7417.1 Hbk: T/C; s3-13;
.12; s3-162 (3); s3-165; s6-4;
24 CFR 971: .7; s6-24; s7-115
24 CFR 972: .100; .109;
.212; ACC EXECUTION DATE ................1
HUD-50072: p3; 7417.1 Hbk: s3-165
HUD-51001: p1 (4); ACC EXPIRATION ...........................1
HUD-52190-A: p2 (3); 24 CFR 969: .107
HUD-52396: p1; ACC EXPIRATION DATE ...............5
HUD-52484: p4; 24 CFR 969: .104; .106 (3);
HUD-52540: p2 (2); .107
HUD-52840A: p1 (11);
HUD-53012A: Intro (16); ACC EXPIRATION DATE ...............5
s1 (5); s2 (2); s3 (3); 24 CFR 969: .104; .106 (3);
s5 (4); s7 (3); s8; .107
s9 (3); s10 (2); s12; ACC GRANT AMENDMENT ..........3
s15; s16 (2); s17 (15); 24 CFR 968: .335 (3)
s18 (3); s19 (2); s20; ACC OBLIGATIONS ........................1
s21 (3); s22 (5); s23 (4); 24 CFR 970: .12
HUD-53012B: Intro (3); Att1;
Att2 (7); Att3 (4); ACCELERATE ..................................1
Att4 (2); Att5.2; Att5.6; 24 CFR 941: .501
Att5.11 (2); Att5.12; ACCELERATE THE PROGRESS ....1

24 CFR 941: .501 24 CFR 902: .20; .23 (2);
ACCELERATED .............................. 2 .35; .73 (2);
24 CFR 968: .103 (2) 24 CFR 941: .202; .305;
.306; .403; .602; .606;
ACCELERATED RENOVATION ... 2 .608;
24 CFR 968: .103 (2) 24 CFR 943: .150;
ACCELERATES ............................... 1 24 CFR 965: .215;
HUD-5372: p2 49 CFR 24: .303; .603 (2);
ACCELERATION ............................ 1 HUD-2530: p3;
HUD-5370: s29 HUD-5087: Intro; s16;
HUD-51971: p2 (2);
ACCEPT .......................................... 48 HUD-52481: s6;
24 CFR 58: .18; .77; HUD-5369: s5 (3); s9; s10;
24 CFR 135: .9; .92; HUD-5369-B: s6 (3);
24 CFR 941: .403; HUD-5370: s9 (2); s27;
24 CFR 945: .103; .303 (5); s46d (2);
24 CFR 968: .320; .325; HUD-5370-C: s6;
24 CFR 970: .13; HUD-5372: p2;
49 CFR 24: .404; HUD-92264: p5 (3); p7;
HUD-51915: E1.7; 1378.0 Hbk: s1-6; s1-31 (2);
HUD-51975-A: s1.7; s2-7; s7-11;
HUD-52481: s5; s6 (2); 4910.1 Hbk: Front (6); Fwd;
HUD-53012B: Att5.1 (2); Intro (2); s100-2; s101-3;
Att5.6; Att5.14 (2); s201; s203; s403-1;
HUD-5369: s8 (3); s12; s500-1 (2); s508-4; s508-5;
HUD-5369-B: s7 (2); s603-1; s607-1; s607-2;
HUD-5370: s20 (2); s609-3 (3); s611-1; s615-2;
HUD-5370-C: s9; s615-3; ApA; ApI;
1378.0 Hbk: s3-6 (2); s7-22; ApK (42);
Ex7-1; Ap18b; Ap20; 7417.1 Hbk: s3-15; s3-18;
Ap25 (2); s3-75 (3); s3-77; s3-79;
7417.1 Hbk: s3-2; s4-29; s3-94; s3-113; s3-135;
s11-16 (3); s11-17 s3-142; s3-146; s3-148;
ACCEPTABILITY .......................... 34 s7-75; s7-95; s7-122;
24 CFR 51: .1; .101 (2); s8-42; s8-63 (2); s8-81;
.102; .103 (3); .105; s8-84; s10-24; s10-52;
.106 (2); s10-53; s10-54; s10-122;
24 CFR 135: .92 (2); s11-17; s11-18
24 CFR 902: .73 (2); ACCEPTABLE BASIC HOUSING
24 CFR 965: .805 (2);
1378.0 Hbk: s2-3; s7-21; CONDITIONS ................................... 3
4910.1 Hbk: T/C; Fwd; 24 CFR 902: .20; .23 (2)
s102-1; c2 (2); s200; ACCEPTABLE EVIDENCE ............ 7
Idx (2); ApK (2); HUD-5369: s5 (3);
7417.1 Hbk: s1-5; s3-113 (2); HUD-5369-B: s6 (3);
s7-36; s7-92; s8-42 4910.1 Hbk: s500-1
ACCEPTABILITY STANDARD ..... 1 ACCEPTABLE IMPROVEMENT
24 CFR 51: .105 PLAN ................................................. 1
ACCEPTABILITY STANDARDS ... 2 24 CFR 902: .73
24 CFR 51: .102; .103 ACCEPTABLE NOISE
ACCEPTABLE ............................. 200 ENVIRONMENT .............................. 1
24 CFR 35: .930; .1330 (7); 24 CFR 51: .106
.1340; .1355 (3);
24 CFR 41: .3 (2); ACCEPTABLE REPLACEMENT
24 CFR 42: .375; UNITS ............................................... 1
24 CFR 50: .33; 24 CFR 42: .375
24 CFR 51: .101 (2); .103 (3); ACCEPTABLE SEPARATION
.105 (2); .106 (2);
.200 (2); .201; .202; DISTANCE ..................................... 12
.203 (2); .204; .205; 24 CFR 51: .201; .202; .203;
.208 (15); .302 (2); .305; .204; .205; .208 (7)
24 CFR 135: .92 (2);
ACCEPTABLE SEPARATION 24 CFR 971: .7;
49 CFR 24: .4; .103 (2);
DISTANCES ......................................6 .603 (3);
24 CFR 51: .200 (2); .203; HUD-51915: B1.1; D1.6;
.208 (3) HUD-53012B: Att5.14;
ACCEPTANCE ..............................112 HUD-5369: s5;
24 CFR 50: .19; HUD-5369-A: s6 (2);
24 CFR 55: .12; HUD-5370: s2 (3); s9;
24 CFR 941: .201; .207; s11 (2); s20; s33; s36;
.403 (4); .612; HUD-5370-C: s9;
24 CFR 968: .215; .320; HUD-5378: p1 (3);
.325; 1378.0 Hbk: s4-7; s5-3 (2);
24 CFR 970: .13; s8-231; Ap20;
24 CFR 971: .7; 4910.1 Hbk: Front; T/C (2);
49 CFR 24: .104; .603; Intro (2); s513-3; s600;
HUD-51915: C1.3; D1.8; s602-2; Idx (2); ApE;
HUD-51971: p1; p3; ApG; ApI (22); ApJ (2);
HUD-53012B: Att5 Intro; ApK (23);
Att5.13; Att5.14 (5); 7417.1 Hbk: s3-2; s3-33 (3);
Att6.13 (2); s8-81; s10-24; s11-16
HUD-5369: s8; s12; ACCEPTED ENGINEERING
HUD-5369-A: Intro; s6 (9);
HUD-5369-B: s7 (2); PRACTICE.........................................3
HUD-5370: T/C; s2; s3; s6; 4910.1 Hbk: T/C; Idx; ApE
s15; s20 (9); s21; ACCEPTED PRACTICE ...................1
s23 (3); s27 (2); 4910.1 Hbk: ApG
HUD-5370-C: s9; ACCEPTED PRACTICES .................1
HUD-5378: p1 (2); p2; 4910.1 Hbk: s600
HUD-92264: p5;
1378.0 Hbk: s1-33; s5-4 (2); ACCEPTS ..........................................2
s8-86; s8-10; Ap20; 24 CFR 970: .13;
4910.1 Hbk: c5; s513-3; 49 CFR 24: .603
s607-3; s613-1 (2); ACCESS ...........................................85
ApI (12); ApK (8); 24 CFR 8: .21; .32;
7417.1 Hbk: T/C; s2-4; 24 CFR 35: .125; .1200;
s3-126; s3-150; s4-24; .1330; .1345;
s4-29; s8-4; s8-5 (2); 24 CFR 40: .1; .4;
s11-12; s11-18; s12-1; 24 CFR 50: .19;
s12-13 24 CFR 58: .35;
ACCEPTANCE AND REJECTION ..1 24 CFR 135: .92 (2);
24 CFR 970: .13 24 CFR 902: .24 (5);
24 CFR 945: .203;
ACCEPTANCE OF CONTRACT 24 CFR 968: .310;
WORK ................................................2 24 CFR 970: .6; .13;
HUD-53012B: Att5 Intro; 24 CFR 972: .224;
Att5.14 49 CFR 24: .2;
ACCEPTANCE OF THE WORK......4 HUD-50072: p1;
24 CFR 941: .403; HUD-5087: s5;
HUD-53012B: Att5.14; HUD-51915: E1.5;
HUD-5370: s15; s23 HUD-51975-A: s1.5;
HUD-52481: s6;
ACCEPTANCE OF WORK ..............3 HUD-52651-A: p2;
24 CFR 941: .403; .612; HUD-52820: p1 (3);
HUD-5370: s3 HUD-53012A: Intro; s15 (2);
ACCEPTED ...................................117 HUD-5370: s9; s39; s45 (2);
24 CFR 35: .165 (2); .1340; HUD-5370-C: s7 (2); s14;
24 CFR 50: .33 (3); 1378.0 Hbk: s1-7; s6-1;
24 CFR 941: .102; .403 (3); Ap20 (2);
.608; 4910.1 Hbk: Front (2); s100-1;
24 CFR 943: .130; c2 (2); s204; s204-1;
24 CFR 965: .205 (3); s204-2 (3); s305 (2); c4;
24 CFR 968: .320 (3); .325; s402; s402-1 (2); Idx (6);
24 CFR 970: .13; ApK (10);

7417.1 Hbk: s3-73; s3-74 (2); 1378.0 Hbk: s1-6; s2-2;
s3-78; s3-136; s3-149; s2-3; s2-5; s8-134;
s7-75 s8-193; s8-194; s8-214;
ACCESS STREET ............................ 2 s8-222;
HUD-52651-A: p2; 4910.1 Hbk: s100-2 (4);
4910.1 Hbk: ApK s100-3 (3); c100-3; s403-1;
ApA; ApK (2);
ACCESS STREETS .......................... 4 7417.1 Hbk: s3-74 (3); s3-131;
7417.1 Hbk: s3-74; s3-78; s3-134; s3-135 (3); s3-136;
s3-136; s7-75 s4-12; s7-75
ACCESSIBILITY............................ 67 ACCESSIBLE/ADAPTABLE .......... 1
24 CFR 8: .1; .3 (2); .20; 7417.1 Hbk: s3-43
.21 (3); .23; .24 (2);
.25 (3); .27 (4); .29; ACCESSIBLE BUILDINGS............. 1
.31 (2); .32 (3); 24 CFR 8: .24
24 CFR 40: .2; .4; .7 (2); ACCESSIBLE ELEMENTS ............. 1
24 CFR 41: .1; .3 (2); 24 CFR 8: .3
.4 (4); .5; ACCESSIBLE FACILITIES ............. 1
24 CFR 50: .20; 24 CFR 8: .21
24 CFR 58: .35;
24 CFR 905: .10; ACCESSIBLE FORMAT ................. 2
24 CFR 945: .105; 24 CFR 945: .203; .205
24 CFR 968: .102; .112; ACCESSIBLE GRADE LEVEL ....... 1
24 CFR 970: .11 (2); 24 CFR 8: .26
HUD-52820: p1 (2); ACCESSIBLE LOCATION .............. 4
HUD-52832: p2 (2); 1378.0 Hbk: s8-134; s8-193;
HUD-52836: p1; s8-194; s8-222
1378.0 Hbk: s1-7;
4910.1 Hbk: Front; c1; ACCESSIBLE LOCATIONS ........... 4
s100-2 (2); s100-3; 24 CFR 902: .63;
c100-3 (2); Idx (2); ApE; 1378.0 Hbk: s2-3; s8-214;
ApK (3); 4910.1 Hbk: c100-3
7417.1 Hbk: s3-43; s3-141; ACCESSIBLE PORTIONS OF
s6-43; s7-75; s10-25
FACILITIES ...................................... 1
ACCESSIBILITY DESIGN 24 CFR 8: .21
STANDARDS ................................... 1 ACCESSIBLE ROUTE ..................... 7
24 CFR 41: .3 24 CFR 8: .3 (4); .22;
ACCESSIBILITY FEATURES ........ 5 4910.1 Hbk: s100-3 (2)
24 CFR 8: .27 (4); .29 ACCESSIBLE UNIT......................... 3
ACCESSIBILITY REQUIREMENTS2 24 CFR 8: .27 (2); .28
24 CFR 970: .11; ACCESSIBLE UNIT BECOMES
4910.1 Hbk: s100-2
VACANT .......................................... 1
ACCESSIBILITY TO THE PUBLIC 1 24 CFR 8: .27
24 CFR 8: .32
ACCESSIBLE UNITS .................... 15
ACCESSIBLE ............................... 117 24 CFR 8: .3; .25 (3); .26;
24 CFR 8: .3 (13); .21 (11); .27 (2); .28 (2); .32;
.22 (5); .23 (6); .24 (6); 24 CFR 945: .105; .203 (2);
.25 (7); .26 (4); .27 (5); 24 CFR 972: .130; .230
.28 (5); .29 (2); .30;
.32;
ACCESSING ..................................... 2
24 CFR 968: .305; .325
24 CFR 35: .86 (2); .125;
.1345; ACCESSORIES ................................ 9
24 CFR 40: .3; HUD-5087: s9 (2);
24 CFR 902: .63; HUD-5370: s11;
24 CFR 941: .202; 1378.0 Hbk: Ap20 (2);
24 CFR 945: .105; .203 (5); 7417.1 Hbk: s3-175;
.205; s10-21 (2); s10-23
24 CFR 972: .130; .230; ACCESSORY.................................... 6
49 CFR 24: .2; HUD-5087: Intro;
HUD-5370: s46a; s47a; HUD-5370: s11;
HUD-92264: p1; p4;
4910.1 Hbk: s400-1; ApK 24 CFR 965: .304; .805;
ACCESSORY SERVICES ................1 49 CFR 24: .601;
4910.1 Hbk: s400-1 1378.0 Hbk: s2-2; s4-4;
4910.1 Hbk: s306
ACCIDENT ......................................20
24 CFR 51: .208 (2); .300; ACCOMPLISHED ...........................19
.301 (3); .302; .303 (3); 24 CFR 8: .32;
.304; .305 (5); 24 CFR 941: .606 (2);
HUD-5370: T/C; s13; 24 CFR 965: .304 (2); .307;
1378.0 Hbk: s7-21; .404;
4910.1 Hbk: s400-1 24 CFR 968: .112;
49 CFR 24: .207; .307;
ACCIDENT INSURANCE ................1 HUD-52825: pii (4);
1378.0 Hbk: s7-21 HUD-53012B: Att6.1;
ACCIDENT POTENTIAL ZONE .....1 HUD-5370: s27;
24 CFR 51: .301 1378.0 Hbk: s2-7; s8-72;
ACCIDENT POTENTIAL ZONES .14 7417.1 Hbk: s3-146
24 CFR 51: .208; .300; ACCOMPLISHES .............................1
.301 (2); .302; .303 (3); 4910.1 Hbk: s300-1
.304; .305 (5) ACCOMPLISHING ...........................3
ACCIDENT PROTECTION ..............1 24 CFR 965: .305;
4910.1 Hbk: s400-1 24 CFR 972: .218;
ACCIDENTLY ..................................1 49 CFR 24: .307
7417.1 Hbk: s3-204 ACCOMPLISHMENT .......................5
ACCIDENTS .....................................2 24 CFR 8: .3;
HUD-5370: s13; 24 CFR 968: .225 (2);
7417.1 Hbk: s3-32 HUD-53012A: s17;
7417.1 Hbk: s1-5
ACCOMMODATE ..........................23 ACCOUNT.....................................215
24 CFR 8: .3 (2); .29;
24 CFR 941: .202; 24 CFR 8: .22; .23; .28;
24 CFR 945: .203; 24 CFR 35: .1115;
24 CFR 970: .11; 24 CFR 42: .305;
49 CFR 24: .2 (2); .304; 24 CFR 51: .101; .204;
.404; 24 CFR 135: .92;
HUD-51915: A1.2; 24 CFR 902: .26; .52;
HUD-5370: s4; 24 CFR 905: .10;
HUD-5370-C: s17; 24 CFR 941: .101; .102 (4);
1378.0 Hbk: s1-6; s1-7; .304; .401; .610;
s4-3; s8-122; Ap2; Ap4; 24 CFR 965: .505; .507;
4910.1 Hbk: Front; s100-2; 24 CFR 968: .105 (6); .108;
7417.1 Hbk: s3-76; s3-204 .112 (5); .120 (2); .140;
.225 (2); .305; .310 (2);
ACCOMMODATE'' ...........................1 .315; .325 (2); .419;
49 CFR 24: .603 24 CFR 971: .7;
ACCOMMODATED .........................2 24 CFR 972: .112; .218;
24 CFR 8: .25; 49 CFR 24: .102;
HUD-52481: s4 HUD-51001: p2;
HUD-52396: p1;
ACCOMMODATED HUD-52481: s3;
PROPORTIONALLY ........................1 HUD-52484: p1; p2 (3);
24 CFR 8: .25 p3 (2); p4 (9); p5 (16);
ACCOMMODATING .......................1 p8 (12);
7417.1 Hbk: s3-137 HUD-52820: p1 (4); p2; pi;
pii (5);
ACCOMMODATION .......................2 HUD-52834: p5 (6);
24 CFR 8: .3; .28
HUD-52836: p1 (2); p2; pi;
ACCOMMODATIONS .....................2 pii (8); piii (7);
HUD-53012B: Att2; HUD-52842: p1 (4); p2;
1378.0 Hbk: s2-7 p3 (4); p4 (3);
ACCOMPLISH ..................................8 HUD-53012A: Intro; s9 (2);
24 CFR 8: .50; s10 (2); s11; s15 (2);
24 CFR 58: .2;

HUD-53012B: Att2; Att3 (3); 24 CFR 943: .130 (3); .146
Att4 (4); Att5.3; Att5.8; ACCOUNTANT................................ 4
Att5.9; Att6.1; Att6.4 (5); 24 CFR 87: .205; .300;
Att6.5; Att6.6; Att6.9; 24 CFR 902: .63;
HUD-5370: s16; s44; 24 CFR 943: .130
s46a (2); s46b; s46j;
s47a; s47b; s47g; ACCOUNTING ............................... 38
1378.0 Hbk: s5-2; s5-3; 24 CFR 902: .33;
s7-6; s8-96; s8-97 (2); 24 CFR 941: .501;
s8-101; s8-103; s8-10; 24 CFR 943: .130;
Ap20; 24 CFR 965: .205 (2);
7417.1 Hbk: s3-113; s3-143; 24 CFR 968: .105; .112;
s3-146 (3); s3-149 (7); .315; .335; .422;
s3-150 (2); s3-175 (2); 24 CFR 970: .14;
s3-179 (2); s4-29; HUD-5087: Intro;
s7-25 (3); s7-122; s9-92; HUD-52484: p4;
s10-123 HUD-52540: p1 (3); p2 (3);
HUD-5370: s34;
ACCOUNT 1408 ............................... 1 7417.1 Hbk: T/C; s3-167;
24 CFR 968: .112 s3-175; s3-204 (3);
ACCOUNT 1410 ............................... 2 s5-14 (3); s5-16; s6-27;
24 CFR 968: .112; s7-115; s7-123 (3); s7-127;
HUD-52484: p4 s9-103; s10-132
ACCOUNT 1430 ............................... 1 ACCOUNTING CONTROL SYSTEMS
HUD-52484: p5 ........................................................... 2
ACCOUNT 1440 ............................... 3 24 CFR 968: .112; .315
HUD-52484: p5 (2); p8 ACCOUNTING CONTROL SYSTEMS
ACCOUNT 1450 ............................... 9 ........................................................... 2
24 CFR 968: .105; 24 CFR 968: .112; .315
HUD-52651-A: p5; p8;
7417.1 Hbk: s3-146 (2); ACCOUNTING SYSTEM ................ 2
s3-149 (3); s3-150 HUD-52540: p2;
7417.1 Hbk: s3-204
ACCOUNT 1460 ............................. 12
24 CFR 968: .105; ACCOUNTS.................................... 55
HUD-52484: p3; 24 CFR 902: .35; .43;
HUD-52651-A: p5 (2); p8; 24 CFR 941: .501;
7417.1 Hbk: s3-146; 24 CFR 968: .105 (2); .325;
s3-149 (4); s3-175; s3-179 .335;
24 CFR 969: .105; .106;
ACCOUNT 1465 ............................... 5 HUD-52484: p2 (6); p4 (6);
24 CFR 968: .105; p5 (8);
HUD-52484: p3; HUD-52651-A: p8;
HUD-52651-A: p8; HUD-52825: pii;
7417.1 Hbk: s3-175; s3-179 HUD-52834: p5 (2);
ACCOUNT 1470 ............................... 4 HUD-52837: pii (2); piii;
24 CFR 968: .105; HUD-52842: p4;
HUD-52651-A: p5; p8; HUD-53012A: s1; s10;
7417.1 Hbk: s3-150 HUD-53012B: Att3; Att4;
ACCOUNT 1475 ............................... 5 Att5.16; Att6.3;
24 CFR 968: .105; HUD-5370: s39;
HUD-52484: p5 (3); p8 HUD-5370-C: s14;
7417.1 Hbk: s3-175; s6-27 (4);
ACCOUNT 1480 ............................... 5 s7-25 (2); s9-92; s10-123;
HUD-52484: p4 (4); p5 s11-17
ACCOUNT 2830 ............................... 3 ACCOUNTS 1410............................. 1
HUD-52842: p1 (2); p3 HUD-52484: p4
ACCOUNT 2850 ............................... 1 ACCOUNTS 1420............................. 1
HUD-52484: p5 HUD-52484: p5
ACCOUNT 6200/1420 ...................... 2 ACCOUNTS 1450............................. 3
HUD-52842: p1; p3 HUD-52484: p4 (2); p5
ACCOUNTABILITY ........................ 4 ACCOUNTS 1460............................. 1
HUD-52484: p5 ACCUMULATED CREDITS............4
ACCOUNTS 1470 .............................1 24 CFR 968: .310 (4)
HUD-52484: p5 ACCUMULATED SCHEDULED
ACCOUNTS 1485 .............................1 PROGRESS ........................................2
HUD-52484: p4 HUD-5372: p1; p2
ACCREDITED...................................5 ACCUMULATES ..............................2
24 CFR 35: .82 (2); .1330 (2); 24 CFR 905: .10; .120
.1340
ACCUMULATING ...........................2
ACCRUAL .......................................40 49 CFR 24: .307;
24 CFR 905: .10 (17); 1378.0 Hbk: s4-7
24 CFR 968: .103 (8);
.310 (5); ACCUMULATING COSTS ..............2
24 CFR 971: .3; .13 (8); 49 CFR 24: .307;
24 CFR 972: .124 1378.0 Hbk: s4-7
ACCRUAL COST--$85 .....................1 ACCUMULATION ...........................3
24 CFR 971: .13 24 CFR 51: .103;
24 CFR 968: .112;
ACCRUAL COST..............................2 7417.1 Hbk: s4-29
24 CFR 971: .13 (2)
ACCUMULATIONS .........................2
ACCRUAL COST PER OCCUPIED 24 CFR 902: .23;
UNIT ..................................................1 HUD-5370: s2
24 CFR 971: .13 ACCUMULATIVE ............................2
ACCRUAL COSTS ...........................1 4910.1 Hbk: ApI (2)
24 CFR 971: .13 ACCURACY ....................................16
ACCRUAL NEED ...........................17 24 CFR 35: .92 (2);
24 CFR 905: .10 (13); 24 CFR 50: .32;
24 CFR 968: .103 (4) 24 CFR 87: .110 (2);
ACCRUAL NEED PER UNIT ..........1 24 CFR 902: .24; .63;
24 CFR 905: .10 24 CFR 945: .203;
49 CFR 24: .208;
ACCRUAL NEEDS .........................11 HUD-2530: p2 (2);
24 CFR 905: .10 (4); HUD-51915: A1.2; C1.3;
24 CFR 968: .103 (4); HUD-5370: s9;
24 CFR 971: .3; .13; 7417.1 Hbk: s4-29 (2)
24 CFR 972: .124
ACCURATE ....................................24
ACCRUAL OF CREDITS .................1 24 CFR 902: .51; .79;
24 CFR 968: .310 24 CFR 945: .203;
ACCRUAL PER OCCUPIED UNIT .1 24 CFR 963: .5;
24 CFR 971: .13 24 CFR 968: .310;
ACCRUAL PERIOD .........................4 HUD-2530: p1 (3);
24 CFR 968: .310 (4) HUD-50072: p4;
HUD-51000: p1;
ACCRUE CREDITS ..........................1 HUD-51971: p2;
24 BFR 968: .310 HUD-51994: p3; p4;
ACCRUED CREDIT .........................1 HUD-52484: p3; p4;
24 CFR 968: .310 HUD-53001: p1;
HUD-53012A: s15;
ACCRUED CREDIT AMOUNTS.....1 HUD-5369-A: s13;
24 CFR 968: .310
HUD-5369C: s5;
ACCRUED CREDITS .......................5 HUD-5370: s10 (2); s13;
24 CFR 968: .310 (5) 1378.0 Hbk: s2-2; Ap20
ACCRUED INTEREST .....................3 ACCURATE INFORMATION .........2
HUD-53012B: Att6.4 (3) 24 CFR 902: .51;
ACCUMULATED ...........................14 HUD-5370: s10
24 CFR 968: .310 (5); ACCURATELY ...............................11
HUD-51001: p2; 24 CFR 968: .103; .135;
HUD-51915: D1.6; HUD-2530: p3; p4;
HUD-5370-C: s4; HUD-5370: s46a; s46c; s47a;
HUD-5372: p1 (2); p2 (4) s47c;

HUD-5378: p2; 24 CFR 55: .12; .22 (2);
1378.0 Hbk: Ap20 (2) 24 CFR 58: .6; .35;
ACETALDEHYDE ........................... 1 24 CFR 905: .10 (10);
24 CFR 51: .208 24 CFR 941: .306;
24 CFR 945: .105 (3);
ACETIC ACID .................................. 1 24 CFR 968: .103 (3);
24 CFR 51: .208 24 CFR 970: .2; .5; .11;
ACETIC ANHYDRIDE .................... 1 49 CFR 24: .1; .2 (2);
24 CFR 51: .208 .101 (3); .102 (3);
ACETONE ........................................ 1 .103 (4); .105; .108;
24 CFR 51: .208 .205 (3); .306; .502 (2);
.503 (2); .504; .505 (2);
ACOUSTICAL DATA ...................... 2 .603 (3);
24 CFR 51: .106 (2) HUD-2530: p3;
ACOUSTICAL ENVIRONMENT ... 1 HUD-51915: E1.7;
24 CFR 51: .102 HUD-51975-A: s1.7;
HUD-52481: s9;
ACOUSTICAL INFORMATION ..... 1 HUD-52484: p5 (2);
24 CFR 51: .106
HUD-52651-A: p6; p7 (2);
ACOUSTICAL PRIVACY ............... 2 HUD-52832: p2;
24 CFR 51: .101 (2) HUD-53012A: s2 (2); s8;
ACOUSTICAL TREATMENT......... 1 HUD-5370: s27;
24 CFR 51: .101 HUD-92264: p2;
1378.0 Hbk: s1-8; s1-15 (2);
ACQUIRE ....................................... 96 s2-2; s3-8 (2); s5-1 (3);
24 CFR 50: .3;
s5-2 (4); s5-3 (5); s5-5;
24 CFR 58: .22 (2);
s5-9; s6-3 (2); s8-45;
24 CFR 902: .69;
s8-72; s8-87 (2); s8-142;
24 CFR 941: .103; .207;
s8-182; s8-191; s8-201 (2);
.302; .303 (3); .401;
Ap18; Ap18a; Ap18b;
.403;
Ap20 (17);
24 CFR 965: .306;
7417.1 Hbk: s1-3; s3-15;
24 CFR 970: .13;
s3-79; s3-127 (2); s3-161;
49 CFR 24: .2 (8); .101 (4);
s3-166; s6-5; s6-24;
.102 (4); .105; .107;
s7-95; s8-4 (2); s8-5;
.505; .603 (2);
s8-7 (2); s8-52; s8-53;
HUD-51971: p1; p3;
s8-65 (2); s8-81; s10-29
HUD-52651-A: p7;
HUD-53012A: s17; ACQUIRED DEVELOPMENTS .... 10
HUD-53012B: Att5.1 (3); 24 CFR 905: .10 (7);
1378.0 Hbk: s1-8 (4); s1-11; 24 CFR 968: .103 (2);
s1-15; s1-23; s5-1 (5); HUD-52832: p2
s5-2 (5); s5-5; s5-7; ACQUIRED IMMUNODEFICIENCY
s5-9 (5); s6-2; s7-10;
s8-3; s8-36 (2); s8-45;
SYNDROME ..................................... 3
24 CFR 945: .105 (2);
s8-86; s8-87 (2); s8-10;
1378.0 Hbk: s8-72
s8-146 (2); Ap18b (2);
Ap20 (2); ACQUIRES ..................................... 22
7417.1 Hbk: s3-79; s3-113 (2); 49 CFR 24: .2; .4; .503;
s3-126; s3-127 (2); s3-166; .504;
s4-14; s4-29; s6-5; s7-4; HUD-51915: E1.7;
s7-122 (2); s8-52 HUD-51975-A: s1.7;
HUD-52481: s9;
ACQUIRE LAND ............................. 3 1378.0 Hbk: s1-4; s1-29;
24 CFR 58: .22 (2);
s3-8; s5-2; s5-8; s7-10;
24 CFR 941: .303
s8-45 (2); s8-112; Ap3 (2);
ACQUIRE TITLE ............................. 3 Ap5; Ap20;
24 CFR 941: .401; .403; 7417.1 Hbk: s3-31; s6-2
HUD-53012A: s17
ACQUIRING ................................... 32
ACQUIRED .................................. 145 24 CFR 941: .303;
24 CFR 35: .1125 (2); 24 CFR 968: .205 (3);
24 CFR 50: .20; 24 CFR 970: .5 (2);
24 CFR 51: .303;
49 CFR 24: .2 (5); .4; .101; s1-29 (2); s2-7; s3-3 (11);
.102; .105; .603 (2); s3-6; s3-8 (3); s4-5 (4);
HUD-53012B: Att5.1; c5; s5-1 (14); s5-2 (7);
HUD-5370: s6; s5-3 (4); s5-5 (2); s5-6;
1378.0 Hbk: s4-7; s5-2 (2); s5-9 (2); s6-1; s6-2;
s5-5; s5-9; Ap3; Ap19; s6-3 (5); s6-4; s7-10 (4);
7417.1 Hbk: s3-78 (2); s3-146; s7-22 (2); s8-3; s8-4 (3);
s7-122; s8-1; s8-8 s8-8; s8-23; s8-24 (3);
ACQUIRING AGENCY ....................5 s8-27; s8-34; s8-35 (2);
49 CFR 24: .2 (3); .603 (2) s8-36 (6); s8-38;
s8-43 (3); s8-44 (3);
ACQUIRING AGENCY'S .................1 s8-45 (6); s8-49; s8-53;
49 CFR 24: .4 s8-62; s8-64; s8-72 (2);
ACQUISITION ..............................599 s8-74; s8-75 (3); s8-81;
24 CFR 8: .21; s8-85 (2); s8-86;
24 CFR 35: .100; .1000 (2); s8-87 (10); s8-89;
.1125; s8-94 (2); s8-97; s8-101;
24 CFR 42: .1; s8-103; s8-112 (2); s8-114;
24 CFR 50: .19; .20 (2); s8-122 (2); s8-124; s8-134;
24 CFR 51: .303; s8-146 (6); s8-152; s8-164;
24 CFR 55: .1 (2); .12; s8-173; s8-176; s8-185;
24 CFR 58: .6 (2); .35 (3); s8-192; s8-194; s8-201 (2);
24 CFR 87: .105 (3); s8-202; s8-214 (4); s8-217;
24 CFR 135: .5; s8-221; s8-222 (4); s8-223;
24 CFR 941: .102 (4); Ex7-1; Ap2; Ap3; Ap4;
.103 (3); .205; .207 (9); Ap5 (2); Ap6; Ap7; Ap8;
.302; .303; .304 (4); Ap9; Ap18; Ap18a;
.305; .306 (2); .401 (4); Ap18b (6); Ap19 (6);
.501; .606 (2); Ap20 (8); Ap23 (2); Ap24;
24 CFR 945: .203; Ap25; Ap26; Ap28 (2);
24 CFR 968: .108 (7); .110; Ap29;
.112 (2); 7417.1 Hbk: Front; T/C (7);
24 CFR 970: .5 (8); .7; .9; s1-5 (3); s3-14; s3-15 (2);
.11 (4); .13; s3-16 (3); s3-17; s3-19;
24 CFR 972: .112; .118 (2); s3-31; s3-71; s3-72;
.215 (2); s3-78 (2); s3-79; s3-102;
49 CFR 24: .1 (3); .2 (15); s3-113 (8); s3-121;
.4; .6; .9 (2); .10; s3-125 (2); s3-126;
.101 (7); .102 (7); s3-127 (10); s3-129;
.103 (5); .105 (2); .204; s3-161; s3-162 (9); s3-164;
.205 (2); .207; .306 (5); s3-167; s3-175; s4-14;
.401 (6); .403 (3); .404; s4-25; s4-28; s4-29 (2);
.503; .505 (2); .603 (12); s5-14; s5-24; s6-2 (4);
HUD-2530: p3 (2); s6-3 (2); s6-4 (3); s6-5;
HUD-51971: p1; p3 (4); s6-24 (4); s6-25;
HUD-52190-A: p1; s6-26 (2); s6-27;
HUD-52481: s5; s6-30 (5); s7-76; s7-92;
HUD-52484: p2 (2); p5 (2); s7-93; s7-97; s7-100;
HUD-52540: p2; s7-102 (2); s7-122 (4);
HUD-52651-A: p1; p2 (3); c8 (2); s8-1 (2); s8-2;
p5 (2); p6 (5); p7 (5); s8-3 (4); s8-4 (2); s8-5;
p8 (4); s8-6; s8-7 (2); s8-8;
HUD-52820: p1 (6); s8-21; s8-22 (2);
HUD-53012A: s8; s8-23 (2); s8-31; s8-41;
HUD-53012B: Att5 Intro; s8-51; s8-61; s8-64 (2);
Att5.1 (5); Att6.8; s8-71; s8-73 (3);
HUD-5370: s29; s8-83 (2); s8-84; s9-1;
HUD-5370-C: s13e; s9-12; s10-1; s10-62;
HUD-92264: p6 (3); s11-1; s11-28
1378.0 Hbk: Intro (8); ACQUISITION'' .................................1
T/C (10); s1-1; s1-2 (2); 24 CFR 941: .602
s1-3; s1-6; s1-8 (9);
s1-15 (3); s1-25; ACQUISITION CASE FILE .............1

1378.0 Hbk: s6-3 24 CFR 941: .207 (2);
ACQUISITION COST .................... 20 HUD-52484: p5;
49 CFR 24: .401 (4); .403 (2); HUD-52651-A: p2 (2); p6 (2);
.503; p7;
HUD-92264: p6 (3); 1378.0 Hbk: s8-85; s8-86;
1378.0 Hbk: s3-3 (7); s3-8; 7417.1 Hbk: s3-72; s3-125;
s6-2; s3-126; s3-162 (3); s3-167
7417.1 Hbk: s3-78 ACQUISITION-DEVELOPMENT .. 1
ACQUISITION COSTS .................... 2 HUD-52484: p3
49 CFR 24: .102; ACQUISITIONS ............................. 14
7417.1 Hbk: s1-5 49 CFR 24: .101; .103 (2);
ACQUISITION METHOD ............. 24 .603;
24 CFR 941: .102; .304; 1378.0 Hbk: Intro; T/C;
HUD-52651-A: p8; s5-1; s5-3 (2); s6-3;
7417.1 Hbk: s3-16 (2); s3-19; s8-45; s8-146;
s3-31; s4-14; s4-28; 7417.1 Hbk: T/C; s3-162
s5-14; s5-24; s6-2 (2); ACQUISITON ................................... 1
s6-3; s6-5; s6-24; s6-25; HUD-52651-A: p7
s6-30; s7-102; s7-122; ACRONYMS .................................... 1
s8-1; s9-1; s10-1; s11-1 4910.1 Hbk: Front
ACQUISITION METHODS ............. 5 ACRYLIC.......................................... 2
HUD-51971: p3 (2); 4910.1 Hbk: ApC; ApF
HUD-52651-A: p6 (2);
7417.1 Hbk: s3-16 ACRYLIC PLASTIC ........................ 2
4910.1 Hbk: ApC; ApF
ACQUISITION OF EXISTING
ACRYLONITRILE ........................... 1
HOUSING ....................................... 11 24 CFR 51: .208
24 CFR 941: .304; .306;
.606; ACTION PLAN............................... 68
HUD-52651-A: p8; 24 CFR 968: .101; .103 (2);
1378.0 Hbk: s8-81; s8-101; .112 (3); .125; .305 (6);
7417.1 Hbk: s3-121; .315 (22); .320 (9);
s3-162 (2); s4-25; s4-29 .325 (6); .335 (3);
HUD-52832: p2 (2);
ACQUISITION OF REAL PROPERTY HUD-52834: p1 (2); p2; p3;
......................................................... 17 p4; p5 (2);
24 CFR 941: .207; HUD-52835: p1 (3);
24 CFR 968: .108; HUD-52837: pii; piii (2)
49 CFR 24: .101 (3); .603; ACTION PLAN AND ....................... 4
HUD-53012B: Att5.1; 24 CFR 968: .305 (2); .325 (2)
1378.0 Hbk: T/C; s5-1 (2);
s8-36; s8-45; s8-87 (2); ACTION PLAN ARE........................ 1
7417.1 Hbk: s1-5; s3-127 (2) 24 CFR 968: .315
ACQUISITION POLICIES AND ACTION PLAN BY .......................... 1
24 CFR 968: .315
PROCEDURES ................................. 2
49 CFR 24: .102; ACTION TAKEN ............................. 5
1378.0 Hbk: s5-2 24 CFR 41: .5;
24 CFR 945: .303;
ACQUISITION PROCEDURES ...... 3 24 CFR 965: .205;
1378.0 Hbk: Ap18b; Ap19 (2) HUD-5370: s46a;
ACQUISITION PROCEEDS ............ 1 7417.1 Hbk: s4-22
1378.0 Hbk: s3-3 ACTIONS TAKEN ........................... 7
ACQUISITION PROCESS ............... 7 24 CFR 87: .605;
49 CFR 24: .603; 24 CFR 135: .30; .32;
1378.0 Hbk: s5-1 (2); s5-6; 24 CFR 968: .315;
Ap19 (3) 24 CFR 972: .230;
ACQUISITION PROGRAM............. 6 HUD-53012A: s1;
24 CFR 51: .303; 1378.0 Hbk: s5-9
1378.0 Hbk: s6-3; s8-87 (2); ACTIVE DUTY ................................ 1
7417.1 Hbk: s3-127 (2) HUD-5378: p2
ACQUISITION PROJECTS ........... 17 ACTIVITIES FUNDED .................... 9
24 CFR 135: .3; 24 CFR 968: .145; .428;
24 CFR 968: .145; .422; HUD-53001: p1 (2); p2
.428; ACTUAL MOVE .............................13
HUD-52837: pi; pii (2); 24 CFR 941: .207;
piii; 49 CFR 24: .2 (2);
1378.0 Hbk: s8-62 1378.0 Hbk: s1-15; s2-7;
ACTS OF GOD ..................................1 s8-4; s8-24; s8-35;
HUD-5370: s32 s8-44; s8-75; s8-86;
ACTUAL COMPLETION .................1 s8-10;
HUD-5378: p2 7417.1 Hbk: s3-126
ACTUAL COST ..............................24 ACTUAL MOVING ........................15
49 CFR 24: .502 (2); 49 CFR 24: .301; .302; .303;
HUD-52651-A: p8; .306 (3);
HUD-52837: p1; p2; pii (4); 1378.0 Hbk: T/C; s3-2 (2);
piii (3); s3-8; s4-2; s4-5; s7-22;
HUD-52842: p1; p2; p3; p4; Ex7-1; Ap17
HUD-53012B: Att5.10; ACTUAL MOVING EXPENSES .....4
HUD-5370: s46c; 49 CFR 24: .502;
1378.0 Hbk: s3-4.; Ap6; 1378.0 Hbk: s3-2; Ap7; Ap9
Ap25; Ap26; Ap28; ACTUAL OCCUPANCY ..................2
7417.1 Hbk: s11-28 49 CFR 24: .403;
ACTUAL COST BASIS ....................1 1378.0 Hbk: s3-7
49 CFR 24: .502 ACTUAL PERIOD OF OPERATION2
ACTUAL COST DATA ....................1 49 CFR 24: .306;
7417.1 Hbk: s3-176 1378.0 Hbk: s4-5
ACTUAL COST DATA ....................1 ACTUAL PROGRESS ......................2
7417.1 Hbk: s3-176 HUD-5370: s6;
ACTUAL COSTS ..............................6 HUD-5372: p2
7417.1 Hbk: s9-102 (2); ACTUAL PROJECT COST...............1
s9-103; s10-132 (3) 24 CFR 941: .306
ACTUAL DEVELOPMENT COST 30 ACTUAL PURCHASE AMOUNT ...1
24 CFR 941: .404 (2); 49 CFR 24: .603
24 CFR 970: .2; ACTUAL REASONABLE MOVING
HUD-52427: p1 (5); p4 (2);
p5 (2); EXPENSES ........................................4
HUD-53012B: Att1; Att5 Intro; 24 CFR 970: .5;
Att5.17 (14); 1378.0 Hbk: s8-113; s8-213;
7417.1 Hbk: T/C; s1-2 s8-233
ACTUAL DEVELOPMENT COST ACTUAL REASONABLE
CERTIFICATE ................................13 REESTABLISHMENT EXPENSES .3
HUD-52427: p1 (2); 49 CFR 24: .306 (3)
HUD-52484: p4; p5; ACTUAL VACANCY RATE ...........2
HUD-53012B: Att5.17 (8); 24 CFR 902: .7 (2)
7417.1 Hbk: s1-2 ACTUALCOMPLETION ..................1
ACTUAL EXPENSES .......................3 HUD-5378: p1
49 CFR 24: .303; ACTUALLY ....................................51
HUD-51915: B2.1; 24 CFR 35: .110;
1378.0 Hbk: s4-2 24 CFR 51: .106; .305;
ACTUAL FORMULA AMOUNT.....3 24 CFR 941: .612;
24 CFR 968: .325 (3) 24 CFR 968: .310 (2);
ACTUAL GRANT AMOUNT ..........1 24 CFR 970: .11;
24 CFR 968: .325 49 CFR 24: .107; .304;
.401 (4); .402 (2); .504;
ACTUAL MODERNIZATION COST8 .505; .603 (3);
24 CFR 968: .145; .428; HUD-52481: s3 (3); Att;
HUD-53001: p1 (5); p2 HUD-52825: pii (2);
ACTUAL MODERNIZATION COST HUD-52837: piii (2);
CERTIFICATE ..................................5 HUD-53012B: Att5.9 (2);
Att6.6; Att6.12;

HUD-5370: s10; s46a (2); 24 CFR 51: .103 (2); .104;
s46d (4); s47a (2); .106 (2);
1378.0 Hbk: s3-3 (4); s3-4.; 24 CFR 55: .20 (2); .27;
s3-8; s4-3; s4-5; s5-7; 24 CFR 58: .6; .22;
Ap20 24 CFR 902: .63; .77;
ACTUARIAL .................................... 5 24 CFR 905: .10; .120;
24 CFR 965: .205 (5) 24 CFR 941: .305; .604;
.606 (5); .610 (3);
ACTUARIAL ORGANIZATION..... 1 24 CFR 943: .124;
24 CFR 965: .205 24 CFR 963: .12;
ACTUARIAL REVIEW ................... 3 24 CFR 965: .205; .215;
24 CFR 965: .205 (3) 24 CFR 968: .103; .110;
ACTUARIAL REVIEWS ................. 1 .112 (2); .135; .205;
24 CFR 965: .205 .225; .305; .310 (2);
.315 (3); .335 (2); .435;
ACTUARY ........................................ 2 24 CFR 970: .6; .7; .11;
24 CFR 965: .205 (2) 24 CFR 971: .5; .13;
ADAPT .............................................. 9 24 CFR 972: .127; .130;
24 CFR 58: .52; .133; .218; .227; .230;
24 CFR 941: .103; 49 CFR 24: .6; .101; .208;
49 CFR 24: .303 (2); .304; .401; .603 (2);
HUD-5370: s4; HUD-2530: p3; p4;
HUD-5370-C: s17; HUD-51915: B2.1;
1378.0 Hbk: s4-2 (2); HUD-52190-A: p2 (3);
7417.1 Hbk: s3-166 HUD-52481: s4;
HUD-52484: p5;
ADAPTABILITY .............................. 2 HUD-52651-A: p6;
24 CFR 8: .3;
HUD-52833: p2;
1378.0 Hbk: Ap20
HUD-52837: piii (2);
ADAPTABLE ................................... 9 HUD-52842: p4 (2);
24 CFR 8: .3 (2); .22; HUD-53012A: s7; s12; s19;
49 CFR 24: .2; HUD-53012B: Att2; Att5 Intro;
1378.0 Hbk: s1-21; Ap20 (2); Att5.8; Att6.1;
4910.1 Hbk: s100-3; HUD-5370: s23 (2); s39;
7417.1 Hbk: s7-96 s46d (2); s46j; s47g;
ADAPTABLE DESIGN .................... 1 HUD-5370-C: s14;
4910.1 Hbk: s100-3 1378.0 Hbk: Intro; s2-4;
s2-6; s3-8; s4-3; s5-1;
ADAPTATION ................................. 3 s7-16; s8-8; s8-49;
24 CFR 87: .200;
s8-142; s8-150; Ap5; Ap6;
HUD-5370-C: s13b (2)
Ap7; Ap18; Ap25 (2);
ADAPTATIONS ............................... 1 Ap26 (2);
HUD-51971: p3 4910.1 Hbk: Front (2); s607-1;
ADAPTED ........................................ 1 ApI (3); ApK (2);
24 CFR 8: .3 7417.1 Hbk: s3-32; s3-71;
s3-79; s3-133; s3-134;
ADDENDA ....................................... 4 s3-136; s3-137; s3-149 (2);
4910.1 Hbk: ApI; s4-22; s4-29; s6-4 (2);
7417.1 Hbk: s11-18 (2); s11-28 s6-30; s7-12; s7-22;
ADDENDUM .................................. 26 s7-25; s7-32; s7-122 (3);
HUD-51915: T/C (2); A1.1; s8-8; s8-22; s8-64;
A1.2; A2.2 (2); B2.1; s9-15; s9-32; s10-13;
B3.1 (4); F (3); s10-24; s10-42; s11-11;
HUD-5370: s1 (2); s12-2
4910.1 Hbk: ApC; ADDITIONAL ADJUSTMENTS ..... 1
7417.1 Hbk: s10-29; s11-12 (8) 24 CFR 902: .25
ADDENDUM TO BID PACKAGE .. 1 ADDITIONAL ANNUAL
7417.1 Hbk: s11-12
CONTRIBUTIONS ........................... 2
ADDITION.................................... 151 24 CFR 969: .103;
24 CFR 8: .21; HUD-53012B: Att6.5
24 CFR 42: .1;
ADDITIONAL BEDROOM ............. 1
7417.1 Hbk: s3-132
ADDITIONAL CLASSIFICATION..4 HUD-5369-B: s5;
HUD-5370: s46a (3); s47a HUD-5370: s9;
HUD-92264: p2;
ADDITIONAL COST ........................8 7417.1 Hbk: s3-31; s5-21;
HUD-51915: C1.5; s8-42; s9-62
HUD-52484: p4;
HUD-5370: s6; s20; ADDITIONAL INSURED .................5
HUD-5370-C: s2; s4; 24 CFR 965: .215 (4);
1378.0 Hbk: Ap20; HUD-51915: D1.7
7417.1 Hbk: s3-179 ADDITIONAL LOCKS .....................1
ADDITIONAL COSTS......................7 24 CFR 902: .24
24 CFR 968: .135; ADDITIONAL MATERIAL .............2
HUD-52484: p4 (2); 24 CFR 941: .501;
HUD-52840A: p1 (2); 24 CFR 968: .335
HUD-92264: p2; ADDITIONAL MONITORING ........1
1378.0 Hbk: s3-3 HUD-51915: A1.2
ADDITIONAL DEFICIENCIES .......1 ADDITIONAL POINTS ....................2
24 CFR 968: .315 24 CFR 902: .7 (2)
ADDITIONAL DOCUMENTATION5 ADDITIONAL PROGRAM
24 CFR 941: .610;
49 CFR 24: .207; .603; REQUIREMENTS .............................2
1378.0 Hbk: s2-7 (2) 1378.0 Hbk: T/C; c8
ADDITIONAL DWELLING UNIT ..1 ADDITIONAL PROGRAM
24 CFR 970: .11 STANDARDS ....................................2
ADDITIONAL DWELLING UNITS 1 7417.1 Hbk: T/C; s3-143
24 CFR 970: .11 ADDITIONAL PROHIBITIONS ......2
ADDITIONAL EFFORTS .................1 HUD-51915: E1.7;
24 CFR 50: .23 HUD-51975-A: s1.7
ADDITIONAL EXPENSE ................3 ADDITIONAL PROJECT .................1
49 CFR 24: .502; HUD-53012A: Intro
HUD-5370: s7; s21 ADDITIONAL PROJECT COSTS ....4
ADDITIONAL FACILITIES .............1 24 CFR 941: .103 (2); .306 (2)
24 CFR 8: .21 ADDITIONAL PROJECT COSTS ....4
ADDITIONAL FACTS AND DATA 2 24 CFR 941: .103 (2); .306 (2)
24 CFR 941: .501; ADDITIONAL PROJECTS ...............1
24 CFR 968: .335 HUD-50072: p4
ADDITIONAL FUNDS .....................5 ADDITIONAL PROTECTION .........1
24 CFR 905: .10 (2); 7417.1 Hbk: s3-32
24 CFR 941: .302; ADDITIONAL PUBLIC HOUSING10
HUD-52825: pii; 24 CFR 968: .112;
HUD-52842: p3 24 CFR 970: .11 (3);
ADDITIONAL HEARINGS ..............2 7417.1 Hbk: s3-176; s3-179;
24 CFR 968: .315; .325 s4-2; s4-12; s5-21; s6-42
ADDITIONAL INFORMATION ....35 ADDITIONAL PURCHASE
24 CFR 35: .88 (2); .92 (2); ASSISTANCE ....................................2
.1330; 49 CFR 24: .603;
24 CFR 42: .375 (2); 1378.0 Hbk: s3-3
24 CFR 50: .23; .31;
24 CFR 135: .92 (4); ADDITIONAL REQUIREMENTS .14
24 CFR 941: .304; .501; 24 CFR 42: .1;
.608; HUD-51915: T/C; E1.0;
24 CFR 945: .205; HUD-53012A: s2;
24 CFR 968: .320; .325 (3); HUD-53012B: Intro (3); Att2;
.335; .422; HUD-5370: s36;
24 CFR 970: .8; 1378.0 Hbk: s1-2; s8-211;
24 CFR 972: .230; 4910.1 Hbk: ApI; ApJ; ApK
49 CFR 24: .603; ADDITIONAL SERVICE .................3
HUD-52651-A: p7; HUD-51915: A1.2; C1.7; C2.4
HUD-5369: s4;
ADDITIONAL SERVICES .............31

HUD-51915: T/C (6); A1.2 (3); HUD-92264: p5;
A2.0; A2.1 (2); A2.2; 1378.0 Hbk: s1-6 (2);
B3.0; B3.1 (4); B4.1 (2); s1-7 (3); s3-8; s5-3 (2);
C1.2 (2); E1.2 (3); F (2); s5-4;
HUD-51975-A: s1.2 (3); 4910.1 Hbk: s100-2 (2); s304;
7417.1 Hbk: s12-12 s500-1; s507-1; s602-2;
ADDITIONAL SPENDING ............. 2 s615-2 (2); s615-3 (2);
24 CFR 971: .13; ApK;
24 CFR 972: .139 7417.1 Hbk: s3-15 (2);
s3-73 (3); s3-74 (2);
ADDITIONAL SUBMISSIONS ....... 1 s3-76; s3-137 (2);
24 CFR 968: .325 s7-75 (2); s9-52; s10-3;
ADDITIONAL TIME ..................... 13 s10-72
HUD-51971: p2 (2); ADEQUATE BASIS ......................... 2
HUD-5370: s13; s46a (2); 49 CFR 24: .104;
7417.1 Hbk: s4-14; s5-25; 1378.0 Hbk: s5-4
s6-24; s6-42; s7-2 (4)
ADEQUATE CAPACITY ................ 1
ADDITIONAL UNIT ........................ 2 24 CFR 941: .201
7417.1 Hbk: s3-132 (2)
ADEQUATE FUNDS ....................... 3
ADDITIONAL UNITS ..................... 2 24 CFR 905: .10; .120;
24 CFR 8: .25; 24 CFR 968: .104
24 CFR 970: .7
ADEQUATE IN SIZE ....................... 6
ADDRESS MANAGEMENT 24 CFR 941: .202;
DEFICIENCIES ................................ 1 49 CFR 24: .2 (2);
24 CFR 968: .335 HUD-92264: p5;
ADEQUACY ................................... 35 1378.0 Hbk: s1-7;
24 CFR 902: .43 (4); 7417.1 Hbk: s3-76
24 CFR 941: .304; .606; ADEQUATE SERVICE .................... 1
24 CFR 965: .205 (2); .405; HUD-5087: s14
24 CFR 968: .112; .240; ADEQUATE SPACE ........................ 2
.315 (2); 49 CFR 24: .2;
HUD-50072: p2 (2); 1378.0 Hbk: s1-7
HUD-5369: s12 (2);
HUD-92264: p3 (5); ADEQUATE SURPLUS AND
1378.0 Hbk: s5-9; RESERVES ....................................... 1
7417.1 Hbk: s3-113; s4-26; 24 CFR 965: .205
s4-27; s6-25 (3); s6-43; ADEQUATE UTILITIES ................. 1
s7-65; s9-13 (2); s10-16; 24 CFR 941: .202
s10-83
ADEQUATELY .............................. 17
ADEQUACY AND EFFICACY ....... 1 24 CFR 51: .106;
24 CFR 968: .315 24 CFR 58: .15; .32;
ADEQUATE ................................... 78 24 CFR 941: .608;
24 CFR 35: .1330; 24 CFR 945: .205;
24 CFR 42: .375; 24 CFR 968: .325;
24 CFR 51: .101; .106; .202; 24 CFR 971: .13;
.205; 24 CFR 972: .109; .139;
24 CFR 902: .23 (5); .212;
24 CFR 905: .10; .120; 49 CFR 24: .2; .404; .603;
24 CFR 941: .201; .202 (2); 1378.0 Hbk: s5-3;
.612; 4910.1 Hbk: ApK;
24 CFR 965: .205; .805; 7417.1 Hbk: s8-42; s10-3
24 CFR 968: .104; .112; ADJACENT LAND .......................... 1
.140; .419; 7417.1 Hbk: s3-146
49 CFR 24: .2 (4); .9;
.103 (2); .104; .205; ADJACENT STRUCTURES ............ 3
.404; .505; .603 (2); HUD-5370: s16;
HUD-5087: s14; 7417.1 Hbk: s9-13; s10-15
HUD-52481: s6; ADJOINING PROPERTIES ............. 2
HUD-5369: s10; 4910.1 Hbk: s202-1; ApK
HUD-5369-B: s5; ADJOINING PROPERTY ................ 1
HUD-5370: s20 (2);
HUD-5370: s16 HUD-53012B: Att5.12;
ADJUST ...........................................12 Att5.14 (2);
24 CFR 902: .25 (2); .35; HUD-5370: s8 (3); s9; s13;
24 CFR 968: .103; .325; s20 (2); s21; s29 (7);
24 CFR 971: .13; s30 (3); s31;
49 CFR 24: .603; HUD-5370-C: s2 (3);
HUD-5370: s27; HUD-92264: p5 (2); p7 (4);
HUD-92264: p7 (3); 1378.0 Hbk: s2-5; Ap20;
1378.0 Hbk: s5-2 7417.1 Hbk: T/C; s3-178 (3);
s3-179 (2); s5-12 (2);
ADJUSTABLE...................................1 s7-83 (2); s9-72 (2);
1378.0 Hbk: s7-21 s9-74; s10-102 (2); s10-104
ADJUSTED ......................................66 ADJUSTMENT FACTOR ...............25
24 CFR 902: .7; .24; 24 CFR 971: .13 (7);
.25 (2); .63; HUD-92264: p5 (2);
24 CFR 905: .10 (2); 7417.1 Hbk: T/C; s3-178 (3);
24 CFR 965: .507; s3-179 (2); s5-12 (2);
24 CFR 968: .103; .310 (2); s7-83 (2); s9-72 (2);
.325; s9-74; s10-102 (2); s10-104
24 CFR 971: .3;
24 CFR 972: .124; ADJUSTMENT FACTORS ...............1
49 CFR 24: .603; 24 CFR 971: .13
HUD-50072: p1; p2; p3; ADJUSTMENT FOR PHYSICAL
HUD-51001: p2; CONDITION ......................................4
HUD-52396: p1; 24 CFR 902: .7; .25 (2);
HUD-52651-A: p8; HUD-50072: p4
HUD-53012B: Att6.5 (4);
HUD-5378: p1 (2); p2 (3); ADJUSTMENT IN PRICE ................2
HUD-92264: p5 (2); p7; HUD-53012B: Att5.14 (2)
1378.0 Hbk: T/C; s3-4.; ADJUSTMENT UPWARDS .............2
s4-5 (2); s7-20 (2); 24 CFR 905: .10;
s7-22 (5); s8-145; Ex7-1; 24 CFR 968: .103
Ap25 (2); ADJUSTMENTS .............................46
7417.1 Hbk: s3-176; s7-83 (3); 24 CFR 8: .33;
s9-15; s9-72 (3); s9-74; 24 CFR 35: .725 (2);
s10-102 (3); s10-104; 24 CFR 135: .5 (2);
s11-17; s11-28 (4) 24 CFR 902: .25 (8); .60;
ADJUSTED INCOME .......................3 .63 (5);
1378.0 Hbk: s7-22 (2); s8-145 24 CFR 965: .304; .305;
ADJUSTED PROJECT PROTOTYPE .507 (2);
24 CFR 968: .310 (2);
COST ..................................................1 49 CFR 24: .603;
7417.1 Hbk: s7-83 HUD-2516: p2 (2);
ADJUSTED SCORE ..........................1 HUD-50072: p1; p4;
24 CFR 902: .25 HUD-51915: T/C; E1.1;
ADJUSTED UPWARD .....................2 HUD-51975-A: s1.1;
24 CFR 902: .25; HUD-53012A: s11;
24 CFR 968: .103 HUD-53012B: Att5 Intro;
Att5.9;
ADJUSTING ......................................4 HUD-5370: s29;
24 CFR 945: .203; HUD-92264: p5 (2); p7;
24 CFR 970: .11; 1378.0 Hbk: s1-16; s4-5;
49 CFR 24: .205; .603 s4-7; s8-145;
ADJUSTMENT ................................82 7417.1 Hbk: s3-135; s9-15
24 CFR 902: .7; .25 (14); ADJUSTMENTS FOR ADVERSE
.35;
24 CFR 905: .10; CONDITIONS ...................................1
24 CFR 968: .103; .310; 24 CFR 902: .25
24 CFR 971: .13 (8); ADMIN ..............................................1
49 CFR 24: .2; .403; HUD-52396: p1
HUD-50072: p4; ADMINISTER .................................19
HUD-51915: D1.3; E1.1; 24 CFR 35: .110 (3); .1310;
HUD-51975-A: s1.1;

24 CFR 58: .18; 24 CFR 963: .10;
24 CFR 943: .122; .142; 24 CFR 968: .101; .235;
24 CFR 968: .112; .210; .325; .335;
HUD-51915: A1.2 (2); 24 CFR 969: .102;
HUD-52481: s2; 24 CFR 970: .13;
HUD-53012A: s3; 49 CFR 24: .2; .6; .101;
HUD-53012B: Att6.3; .205; .302; .602; .603;
HUD-5370: s1; HUD-2516: p1 (2); p3 (3);
1378.0 Hbk: s8-55; s8-147; HUD-50072: p2 (5);
s8-172; HUD-51001: p1 (4);
7417.1 Hbk: s12-11 HUD-51915: T/C; A1.1; A1.2;
ADMINISTERED ........................... 28 D1.0; E1.7;
24 CFR 8: .25; HUD-51975-A: s1.7;
24 CFR 35: .110 (2); .300; HUD-52481: s5 (2); s9;
.500; .600; .900; HUD-52484: p1 (2); p5 (5);
24 CFR 58: .1 (2); HUD-52825: p1; pii;
24 CFR 135: .3; .9; .34; piii (2);
24 CFR 902: .83 (2); HUD-52832: p2;
24 CFR 943: .118; .120; HUD-52834: p1; p5 (2);
.130; HUD-52837: p1; pii;
24 CFR 965: .101; piii (2);
24 CFR 968: .120; HUD-52842: p1; p4;
49 CFR 24: .205; HUD-53012A: s2; s15;
HUD-2516: p2; HUD-5369: s12 (3);
HUD-53012A: s1; s16; HUD-5370: s30; s38; s46a;
1378.0 Hbk: s6-1; s46d (5);
4910.1 Hbk: Front; s100-1; HUD-5378: p1;
s102-1; 1378.0 Hbk: s2-6; s3-2;
7417.1 Hbk: s3-16 s4-7; s8-8; s8-49;
4910.1 Hbk: ApB; ApH;
ADMINISTERING ......................... 24 ApI (3); ApK (3);
24 CFR 8: .28; 7417.1 Hbk: T/C; s3-16 (3);
24 CFR 35: .100; .110; s3-79; s3-175; s5-23;
24 CFR 40: .6; s6-27; s6-30; s7-115;
24 CFR 51: .3 (2); s12-1; s12-2; s12-13
24 CFR 135: .92 (3);
24 CFR 945: .205; ADMINISTRATION OF FUNDS .... 1
HUD-51915: A1.1; A1.2; 24 CFR 943: .124
1378.0 Hbk: s1-8; s2-3; ADMINISTRATIVE ..................... 125
s2-5; s7-7; s8-48; s8-89; 24 CFR 8: .1; .3; .21 (2);
s8-216; .23; .24; .25; .31;
7417.1 Hbk: s1-5 (2); s2-5; .33;
s3-113; s3-129 24 CFR 35: .110 (2);
ADMINISTERS ................................ 8 24 CFR 50: .19 (3);
24 CFR 55: .12; 24 CFR 51: .208;
1378.0 Hbk: s1-8 (3); s1-31; 24 CFR 58: .12 (2); .18;
s1-33; s3-7; s8-6 .34; .35;
24 CFR 87: .400 (2);
ADMINISTRATION .................... 132 24 CFR 135: .5 (3);
24 CFR 8: .1; 24 CFR 902: .77 (3); .83;
24 CFR 35: .110 (2); .140; 24 CFR 941: .501; .606;
.620; 24 CFR 943: .115; .118;
24 CFR 41: .1; .4 (2); .140; .148 (2);
24 CFR 51: .100; .106 (2); 24 CFR 965: .505;
.301; 24 CFR 968: .112 (8); .120;
24 CFR 55: .12; .205 (2); .335;
24 CFR 70: .4 (2); 24 CFR 970: .13 (8);
24 CFR 135: .92; 24 CFR 972: .130; .230;
24 CFR 902: .43; 49 CFR 24: .102 (2); .306;
24 CFR 941: .103; .402 (4); .603 (7);
24 CFR 943: .100; .115 (5); HUD-51000: p1;
.120; .122; .124; .130; HUD-51915: E1.8;
.150; HUD-51975-A: s1.8;
24 CFR 945: .203;
HUD-52484: p2; ADMINISTRATIVE EXPENSES .....9
HUD-52820: p1 (2); 49 CFR 24: .306; .603 (2);
HUD-52825: pii (2); HUD-5370: s29;
HUD-52836: p1; 1378.0 Hbk: s4-6 (3); s8-62;
HUD-52837: pii (3); 7417.1 Hbk: s5-12
HUD-52842: p4;
HUD-53012A: s3; ADMINISTRATIVE FEE--$46 .........1
HUD-5370: T/C; s24; s28; 24 CFR 971: .13
s29; ADMINISTRATIVE FEE..................8
HUD-5372: p1; 24 CFR 971: .13 (6);
HUD-92264: p3 (2); 24 CFR 972: .130; .230
1378.0 Hbk: s1-33; s4-6 (3); ADMINISTRATIVE FEES ...............1
s5-2 (2); s8-62; 1378.0 Hbk: s8-137
s8-137 (2);
4910.1 Hbk: ApI (2); ADMINISTRATIVE FUNCTIONS ..1
7417.1 Hbk: Front (3); 7417.1 Hbk: s3-132
T/C (2); s1-4; s1-5; ADMINISTRATIVE PROCEDURES3
s1-6 (2); s3-79; s3-132; 24 CFR 8: .1;
s4-2 (2); s4-24 (2); 7417.1 Hbk: s1-4; s4-24
s4-29 (2); s5-3; s5-12;
s5-23 (2); s5-25; s7-62;
ADMINISTRATIVE RECEIVERSHIP
s10-29 ............................................................1
24 CFR 902: .77
ADMINISTRATIVE ACTION..........3
24 CFR 87: .400 (2); ADMINISTRATIVE REMEDIES .....1
7417.1 Hbk: s4-24 1378.0 Hbk: s1-33
ADMINISTRATIVE AGENCY ........1 ADMINISTRATIVE
24 CFR 35: .110 REQUIREMENTS .............................7
ADMINISTRATIVE AND HUD-51000: p1 (4);
HUD-5370: T/C; s24;
MANAGEMENT FUNCTIONS........2 HUD-5372: p1
24 CFR 943: .140; .148
ADMINISTRATIVE BUILDING .....1 ADMINISTRATIVE RESOURCES..2
24 CFR 965: .505;
24 CFR 970: .13
7417.1 Hbk: s1-6
ADMINISTRATIVE BURDEN ........1 ADMINISTRATIVE SETTLEMENT6
49 CFR 24: .603
49 CFR 24: .102 (2); .603 (2);
ADMINISTRATIVE BURDENS ......7 1378.0 Hbk: s5-2 (2)
24 CFR 8: .21 (2); .23; .24;
.25; .31; .33
ADMINISTRATIVE SUPPORT .......5
24 CFR 135: .5;
ADMINISTRATIVE CAPABILITY .4 24 CFR 968: .205 (2);
24 CFR 58: .12; 49 CFR 24: .603;
24 CFR 941: .606; 7417.1 Hbk: s1-6
7417.1 Hbk: s4-29 (2)
ADMINISTRATIVELY ....................2
ADMINISTRATIVE CAPACITY .....4 24 CFR 968: .335;
24 CFR 58: .12; HUD-53012B: Att5.8
7417.1 Hbk: s4-2 (2); s5-23
ADMINISTRATOR .........................25
ADMINISTRATIVE COST ..............2 24 CFR 41: .4 (2);
24 CFR 968: .112; 24 CFR 965: .205;
HUD-52837: pii 24 CFR 968: .210;
ADMINISTRATIVE COSTS ..........17 HUD-2530: p3 (2);
24 CFR 8: .3; HUD-52825: p1;
24 CFR 35: .110; HUD-5369-A: s11;
24 CFR 50: .19; HUD-5370: s18; s46a (4);
24 CFR 58: .35; s46d (2);
24 CFR 968: .112 (7); 7417.1 Hbk: s3-113 (2);
49 CFR 24: .603; s3-164 (2); s3-167 (2);
HUD-52825: pii (3); s5-3 (2); s12-11 (2)
HUD-52842: p4; ADMINISTRATORS.......................20
7417.1 Hbk: s10-29 24 CFR 51: .1;
ADMINISTRATIVE ENTITY ..........1 24 CFR 965: .205;
24 CFR 943: .115 HUD-51971: p1;

1378.0 Hbk: Intro (5); 7417.1 Hbk: s2-5 (2)
4910.1 Hbk: ApB; ApH; ApI; ADOPTION ....................................... 6
7417.1 Hbk: Front (6); s1-6; 24 CFR 55: .25; .26;
s3-113; s3-165 24 CFR 58: .52;
ADMINISTRATOR'S ....................... 1 24 CFR 902: .43;
7417.1 Hbk: s3-164 HUD-52481: Att;
ADMINISTRATORS' ....................... 2 7417.1 Hbk: s3-48
1378.0 Hbk: Intro (2) ADOPTS............................................ 3
ADMISSIBILITY.............................. 1 24 CFR 58: .52;
1378.0 Hbk: Ap20 24 CFR 965: .404; .508
ADMISSION ..................................... 9 ADORNMENT.................................. 1
24 CFR 945: .103 (2); .203; 24 CFR 902: .23
.303 (2); ADULT.............................................. 2
24 CFR 965: .508; 1378.0 Hbk: s3-4.; Ap4
49 CFR 24: .2; ADULTS ........................................... 2
HUD-50072: p3; 7417.1 Hbk: s6-25 (2)
1378.0 Hbk: s8-145
ADULTS/ACRE................................ 1
ADMITTED ...................................... 9 HUD-52651-A: p4
49 CFR 24: .2; .208;
HUD-51915: E1.10; ADVANCE...................................... 96
HUD-51975-A: s1.10; 24 CFR 42: .350;
HUD-53012A: s20; 24 CFR 58: .22;
HUD-5370: s36; s41; 24 CFR 941: .102; .207;
HUD-5370-C: s11; 24 CFR 965: .215; .506;
1378.0 Hbk: Ap20 24 CFR 968: .108; .315 (4);
.325 (4);
ADOPT ............................................ 18 24 CFR 970: .5 (2);
24 CFR 8: .27; .28; 24 CFR 972: .130; .230;
24 CFR 42: .325; 49 CFR 24: .102; .203 (4);
24 CFR 51: .305; .207 (3); .303;
24 CFR 58: .52 (4); HUD-51915: D1.2;
24 CFR 943: .118; HUD-52651-A: p7;
24 CFR 965: .405; HUD-53012B: Att5.3;
1378.0 Hbk: s3-4.; s5-9; Att5.17 (2); Att6 Intro;
s8-5; s8-31; s8-46; Att6.1; Att6.2 (4); Att6.3;
s8-55; s8-172; Att6.4 (8); Att6.5;
7417.1 Hbk: s3-48 Att6.6 (2); Att6.7 (6);
ADOPTED ...................................... 30 HUD-5370: s27; s46b; s46c;
24 CFR 42: .305; s47b; s47c;
24 CFR 55: .26; HUD-5378: p2;
24 CFR 58: .14; .52; .77; 1378.0 Hbk: s2-3 (4); s2-4;
24 CFR 70: .1; .3 (2); .4; s2-7 (3); s3-7; s4-2;
24 CFR 135: .11; s5-2; s7-16; s7-21;
24 CFR 902: .43; s8-43; s8-83; s8-113 (2);
24 CFR 965: .508; s8-150; s8-213; s8-215;
24 CFR 968: .110 (2); .310; Ap1 (2); Ap3; Ap5; Ap6;
.315; Ap7 (2); Ap25; Ap26;
24 CFR 970: .13; 7417.1 Hbk: s3-123; s4-30;
HUD-50072: p3 (3); s6-30; s8-82
HUD-51915: E1.16; ADVANCE AMORTIZATION FUND
HUD-51975-A: s1.6;
HUD-52836: p1 (4); ......................................................... 12
1378.0 Hbk: s8-25; HUD-53012B: Att5.17;
4910.1 Hbk: Fwd; ApK; Att6 Intro; Att6.1; Att6.3;
7417.1 Hbk: s3-12 Att6.4; Att6.6; Att6.7 (6)
ADOPTING ..................................... 11 ADVANCE DISCLOSURE .............. 1
24 CFR 8: .21; 7417.1 Hbk: s4-30
24 CFR 55: .26; ADVANCE MEETING..................... 7
24 CFR 135: .2; 24 CFR 968: .315 (3); .325 (4)
24 CFR 902: .24 (2); .25; ADVANCE NOTES .......................... 1
.35; .45; .53; HUD-53012B: Att5.17
ADVANCE NOTICE .........................5 7417.1 Hbk: s3-15
24 CFR 965: .215; .506; ADVANTAGES.................................2
1378.0 Hbk: s8-150; Ap1; Ap7 24 CFR 971: .5;
ADVANCE PAYMENT ....................3 24 CFR 972: .127
1378.0 Hbk: s2-7; Ap1; ADVERSE .......................................46
7417.1 Hbk: s8-82 24 CFR 35: .86; .110;
ADVANCE PAYMENTS ..................2 24 CFR 50: .3 (2); .33 (2);
49 CFR 24: .207; 24 CFR 51: .102;
1378.0 Hbk: s2-7 24 CFR 55: .12; .20 (2);
.27;
ADVANCE RELOCATION 24 CFR 58: .22; .40 (2);
PAYMENT.........................................3 24 CFR 902: .23; .25;
49 CFR 24: .207 (2); 24 CFR 941: .202; .501;
1378.0 Hbk: s2-7 .610;
ADVANCE WRITTEN NOTICE ....29 24 CFR 945: .303;
24 CFR 941: .207; 24 CFR 968: .335; .425;
24 CFR 968: .108; .315; 49 CFR 24: .2; .205;
24 CFR 970: .5 (2); .208 (3);
24 CFR 972: .130; .230; HUD-2530: p2; p3 (2);
49 CFR 24: .203 (3); .303; HUD-52651-A: p7;
1378.0 Hbk: s2-3 (3); s2-4; HUD-5372: p2;
s4-2; s8-43; s8-83; 1378.0 Hbk: s1-6;
s8-113 (2); s8-213; s8-215; 4910.1 Hbk: ApK (2);
Ap3; Ap5; Ap6; Ap7; 7417.1 Hbk: s3-78; s3-147;
Ap25; Ap26; s3-163 (2); s6-43; s7-52;
7417.1 Hbk: s3-123 s7-112 (2); s9-15;
s9-63 (2)
ADVANCED .....................................5
49 CFR 24: .404; ADVERSE ACTION .........................1
HUD-53012B: Att6.4; 24 CFR 941: .610
7417.1 Hbk: s3-13; s6-30 (2) ADVERSE CONDITIONS ................4
ADVANCES ....................................39 24 CFR 902: .23; .25;
24 CFR 51: .101; HUD-52651-A: p7;
24 CFR 58: .22 (2); 4910.1 Hbk: ApK
24 CFR 941: .302; .501 (2); ADVERSE DETERMINATION .......2
.612; HUD-2530: p3 (2)
49 CFR 24: .2; ADVERSE EFFECTS ........................4
Att6.2; Att6.4; 24 CFR 968: .335; .425;
HUD-5370: s46b; s47b; 4910.1 Hbk: ApK
1378.0 Hbk: s1-17; s8-122 (3);
7417.1 Hbk: T/C (3); s1-5; ADVERSE ENVIRONMENTAL ......1
s3-13 (2); s3-164; s4-29; 7417.1 Hbk: s9-63
s6-4; s6-5; s6-30 (6); ADVERSE ENVIRONMENTAL
s7-113 (2); s7-114; s7-115; CONDITIONS ...................................7
s7-125; s10-30 24 CFR 941: .202;
ADVANCES-- ...................................1 49 CFR 24: .2;
7417.1 Hbk: s7-114 1378.0 Hbk: s1-6;
ADVANTAGE ...................................7 7417.1 Hbk: s3-78; s3-147;
24 CFR 135: .92; s6-43; s9-15
HUD-5369-A: s4 (2); ADVERSE ENVIRONMENTAL
HUD-5370: s2; CONDITIONS ...................................7
HUD-5370-C: s8; 24 CFR 941: .202;
7417.1 Hbk: s7-75; s11-12 49 CFR 24: .2;
ADVANTAGEOUS ...........................9 1378.0 Hbk: s1-6;
24 CFR 135: .92 (2); 7417.1 Hbk: s3-78; s3-147;
24 CFR 965: .405; s6-43; s9-15
HUD-5369: s8; ADVERSE ENVIRONMENTAL
HUD-5369-B: s7;
1378.0 Hbk: s4-2; Ap7; IMPACT .............................................2
Ap18b; 24 CFR 50: .33;

24 CFR 58: .22 HUD-5369: s12;
ADVERSE ENVIRONMENTAL 7417.1 Hbk: s3-123; s3-162
IMPACT ............................................ 2 ADVERTISEMENT.......................... 7
24 CFR 50: .33; 24 CFR 941: .102;
24 CFR 58: .22 49 CFR 24: .304;
HUD-52651-A: p2 (2);
ADVERSE ENVIRONMENTAL HUD-5369: s1;
IMPACTS .......................................... 4 1378.0 Hbk: s4-3;
24 CFR 50: .3 (2); .33; 7417.1 Hbk: s3-162
24 CFR 58: .40 ADVERTISEMENT FOR BIDS ....... 1
ADVERSE ENVIRONMENTAL 7417.1 Hbk: s3-162
IMPACTS .......................................... 4 ADVERTISEMENTS ....................... 3
24 CFR 50: .3 (2); .33; HUD-5370: s39;
24 CFR 58: .40 HUD-5370-C: s14;
ADVERSE FINDINGS ..................... 2 1378.0 Hbk: Ap20
7417.1 Hbk: s7-112 (2) ADVERTISES ................................... 4
ADVERSE IMPACT......................... 4 24 CFR 35: .1115;
24 CFR 55: .12; 24 CFR 941: .102;
49 CFR 24: .208 (3) 7417.1 Hbk: s6-2 (2)
ADVERSE IMPACTS ...................... 4 ADVERTISING .............................. 31
24 CFR 55: .20 (2); .27; 24 CFR 35: .815 (2);
49 CFR 24: .205 24 CFR 135: .92 (10);
49 CFR 24: .2 (2); .303 (2);
ADVERSE IMPACTS OF .603;
DISPLACEMENT ............................. 1 HUD-53012A: s12;
49 CFR 24: .205 HUD-5370: s39;
HUD-5370-C: s14;
ADVERSELY ................................. 19 HUD-92264: p3;
24 CFR 41: .4;
1378.0 Hbk: s1-5; s4-2 (2);
24 CFR 50: .3;
s4-3 (2); s4-6; Ap20;
24 CFR 58: .5;
7417.1 Hbk: s4-14; s10-4;
24 CFR 902: .25;
s10-29
24 CFR 941: .610;
24 CFR 945: .103; ADVERTISING FOR BIDS ............. 1
24 CFR 970: .7; 7417.1 Hbk: s10-4
24 CFR 972: .224; ADVERTISING SIGN ...................... 2
49 CFR 24: .105; 49 CFR 24: .303;
HUD-52484: p5; 1378.0 Hbk: s4-2
HUD-53012B: Att5.1;
1378.0 Hbk: s2-2; s5-5; ADVERTISING SIGNS .................... 4
Ap20 (2); 49 CFR 24: .2; .303;
4910.1 Hbk: s203; s306; 1378.0 Hbk: s4-2; s4-3
s507-1; ApK ADVISORY GROUP ........................ 3
ADVERSELY AFFECT ................... 8 24 CFR 968: .315 (2); .325
24 CFR 41: .4; ADVISORY GROUP OF EXPERTS 1
24 CFR 945: .103; 24 CFR 968: .315
24 CFR 970: .7; ADVISORY SCORE......................... 4
24 CFR 972: .224; 24 CFR 902: .5 (3); .35
HUD-52484: p5;
HUD-53012B: Att5.1; ADVISORY SERVICES................. 42
4910.1 Hbk: s203; s306 24 CFR 42: .350 (2);
24 CFR 50: .19;
ADVERSELY AFFECTED .............. 8 24 CFR 941: .207;
24 CFR 50: .3; 24 CFR 968: .108;
24 CFR 58: .5; 24 CFR 970: .5 (2); .8 (2);
24 CFR 941: .610; 49 CFR 24: .2; .203 (2);
49 CFR 24: .105; .205 (4); .603;
1378.0 Hbk: s2-2; s5-5; 1378.0 Hbk: s1-8; s2-1;
Ap20; s2-2 (2); s2-3; s2-4;
4910.1 Hbk: s507-1 s2-5; s6-2; s7-16; s8-55;
ADVERTISE ..................................... 4 s8-113 (2); s8-137; s8-145;
49 CFR 24: .304; s8-150 (2); s8-172; s8-213;
s8-215; s8-233; Ex7-1; 1378.0 Hbk: s2-2 (2); s5-5;
Ap3; Ap6; Ap25; Ap26 s6-1 (2); s8-192; Ap1;
ADVISORY SERVICES-- .................1 Ap20 (3);
49 CFR 24: .205 4910.1 Hbk: s507-1;
7417.1 Hbk: s3-72; s3-204;
ADVOCACY GROUPS ....................1 s6-25; s7-23
24 CFR 945: .203
AFFECTED BUILDINGS .................1
ADVOCATE ......................................2 24 CFR 971: .1
24 CFR 87: .205; .300
AFFECTED COMMUNITY..............2
ADVOCATES ....................................1 24 CFR 58: .43;
24 CFR 945: .205 24 CFR 972: .230
AE CHIEF ........................................18 AFFECTED PERSON .......................1
7417.1 Hbk: s1-5 (2); s7-61; 1378.0 Hbk: s6-1
s7-72 (5); s8-42; s8-62;
s9-51; s10-71; s11-18 (2); AFFECTED PERSONS .....................3
s12-1; s12-2; s12-11 (2) 1378.0 Hbk: s2-2; s6-1; Ap1
AE TECHNICAL REVIEWS ............1 AFFECTED RESIDENTS .................5
7417.1 Hbk: s7-72 24 CFR 968: .335 (3);
24 CFR 971: .9 (2)
AESTHETIC ......................................3
24 CFR 51: .106; AFFECTED TERMS .........................1
1378.0 Hbk: s4-4; HUD-5370-C: s2
7417.1 Hbk: s6-43 AFFECTED UNITS ...........................1
AESTHETIC QUALITY ...................1 24 CFR 968: .435
24 CFR 51: .106 AFFIDAVIT .......................................7
AESTHETICALLY ...........................1 HUD-5369-A: s1 (6);
7417.1 Hbk: s7-74 7417.1 Hbk: s11-16
AESTHETICALLY PLEASING .......1 AFFIDAVITS.....................................2
7417.1 Hbk: s7-74 1378.0 Hbk: Ap20 (2)
AFFECTED ....................................116 AFFILIATE ......................................13
24 CFR 8: .22; .23; 24 CFR 58: .22 (2);
24 CFR 35: .110; .125; .940; 24 CFR 943: .142 (3); .144;
.1340 (3); .146 (2); .150;
24 CFR 50: .3; .23 (2); .36; HUD-2530: p3 (3); p4
.42 (2); AFFILIATED .....................................2
24 CFR 51: .106 (2); 24 CFR 135: .30;
24 CFR 55: .1; .20 (2); .25; 24 CFR 943: .150
.27; AFFILIATED WITH .........................1
24 CFR 58: .5; .43; 24 CFR 943: .150
24 CFR 87: .110 (2);
24 CFR 902: .35; .79; AFFILIATES ...................................12
24 CFR 941: .610; 24 CFR 943: .100; .130;
24 CFR 968: .103 (2); .144;
.335 (3); .435; HUD-2530: p1; p3 (4);
24 CFR 970: .4; .6; p4 (2);
.13 (26); HUD-5369-A: s7;
24 CFR 971: .1 (2); .7 (2); HUD-5369C: s2
.9 (5); .13; AFFIRM .............................................3
24 CFR 972: .106; .130 (2); 24 CFR 41: .3;
.133 (2); .224 (2); 24 CFR 58: .47;
.227 (2); .230; 24 CFR 135: .76
49 CFR 24: .105; .205; AFFIRMATIVE ...............................14
.603 (2); 24 CFR 970: .13;
HUD-50070: p1; HUD-52820: p1 (3);
HUD-51915: D1.6; HUD-53012A: s12;
HUD-52837: pi; pii (2); HUD-5369-A: s2;
piii (2); HUD-5369C: s1;
HUD-53012B: Att5.8; Att5.10; HUD-5370: s39;
HUD-5369: s7; HUD-5370-C: s14;
HUD-5370: s8; s16; s46c; 1378.0 Hbk: Ap20;
HUD-5370-C: s2; s4;

7417.1 Hbk: s3-45; s3-47 (2); AGE ................................................. 69
s3-48 24 CFR 35: .86 (4); .110 (4);
AFFIRMATIVE ACTION .............. 10 .115; .325; .715 (3);
HUD-52820: p1 (3); .720; .730 (2); .820 (4);
HUD-53012A: s12; .830 (2); .1120 (3);
HUD-5370: s39; .1130 (2); .1200 (2);
HUD-5370-C: s14; .1225 (3); .1320;
1378.0 Hbk: Ap20; .1330 (2);
7417.1 Hbk: s3-45; s3-47; 24 CFR 902: .7; .25 (5);
s3-48 24 CFR 905: .10 (2);
AFFIRMATIVE ACTIONS .............. 1 24 CFR 945: .105 (3); .301;
7417.1 Hbk: s3-47 24 CFR 968: .103 (2);
24 CFR 970: .5;
AFFIRMATIVE RESPONSE ........... 1 49 CFR 24: .8;
24 CFR 970: .13 HUD-52651-A: p2;
AFFIRMATIVELY ........................... 5 HUD-53012A: s12 (3);
24 CFR 970: .13; 1378.0 Hbk: s1-32; s6-2;
HUD-53012A: s12; s7-21; s8-55; s8-172;
1378.0 Hbk: Intro; s2-5; Ap20 (2);
s6-2 7417.1 Hbk: T/C; s3-44 (3);
AFFIRMED ....................................... 1 s3-75; s3-113; s7-98
24 CFR 51: .208 AGE 6 ................................................ 2
AFFIRMING ..................................... 2 24 CFR 35: .86; .115
24 CFR 35: .92 (2) AGE DISCRIMINATION................. 8
AFFIRMS .......................................... 1 24 CFR 945: .301;
49 CFR 24: .603 49 CFR 24: .8;
HUD-52651-A: p2;
AFFORDABILITY RESTRICTIONS3 HUD-53012A: s12;
1378.0 Hbk: s8-231 (3) 1378.0 Hbk: s1-32;
AFFORDABLE HOUSING ............ 22 7417.1 Hbk: T/C; s3-44 (2)
24 CFR 58: .35; AGE DISCRIMINATION ACT........ 8
24 CFR 970: .5; 24 CFR 945: .301;
24 CFR 971: .1; .7; 49 CFR 24: .8;
24 CFR 972: .100; .130; HUD-52651-A: p2;
.218; .224 (3); .230; HUD-53012A: s12;
HUD-52820: p1 (3); 1378.0 Hbk: s1-32;
1378.0 Hbk: T/C; s1-3 (2); 7417.1 Hbk: T/C; s3-44 (2)
s8-38 (2); s8-41 (2);
s8-150 AGE OF 18 ........................................ 1
1378.0 Hbk: s7-21
AFFORDABLE HOUSING ACT ... 11 AGE OF 62 ........................................ 1
24 CFR 55: .1 (2); .2;
24 CFR 70: .1; 24 CFR 945: .105
24 CFR 135: .5; AGENCY/OWNER ........................... 3
24 CFR 945: .105; 1378.0 Hbk: Ap18a (3)
24 CFR 970: .2; AGENCY/PERSON .......................... 3
HUD-2516: p2; 1378.0 Hbk: s5-9 (3)
HUD-50072: p1;
1378.0 Hbk: s8-122; s8-231 AGENCY ACTION .......................... 1
24 CFR 902: .7
AFFORDABLE RENTAL ................ 1
24 CFR 970: .11 AGENCY DISCRETION .................. 6
49 CFR 24: .603 (3);
AFFORDABLE RENTAL DWELLING 1378.0 Hbk: s3-4.; s4-7;
UNIT.................................................. 1 Ap28
24 CFR 970: .11 AGENCY FILES ............................... 1
AFTER THE DATE OF ITS 49 CFR 24: .5
ACQUISITION ................................. 1 AGENCY PLANNING ACTIVITIES1
49 CFR 24: .2 1378.0 Hbk: s2-2
AFTER THE DEADLINE DATE ..... 2 AGENT............................................ 78
24 CFR 968: .235;
7417.1 Hbk: s6-40
24 CFR 35: .86; .88; 24 CFR 50: .21;
.92 (9); .94 (6); .96; 24 CFR 55: .24;
.98; 24 CFR 58: .23; .32 (6)
24 CFR 135: .30 (2); AGGREGATION-- ............................1
24 CFR 941: .610; 24 CFR 58: .32
24 CFR 945: .105;
49 CFR 24: .301; .303 (2); AGGREGATION APPROACHES ....1
HUD-2530: p3 (2); 24 CFR 58: .32
HUD-51915: E1.7 (2); AGGRIEVED.....................................2
HUD-51975-A: s1.7 (2); 49 CFR 24: .10; .603
HUD-53012B: Att5.10; AGGRIEVED PERSON ....................1
Att6 Intro; Att6.3 (4); 49 CFR 24: .10
Att6.4 (7); Att6.5 (4);
Att6.6 (4); Att6.7 (2); AGGRIEVED PERSONS ..................1
HUD-5369: s1 (5); 49 CFR 24: .603
HUD-5369C: s3 (3); AGREE.............................................40
HUD-5370: s1; s46c; s47c; 24 CFR 8: .27; .50 (2);
1378.0 Hbk: s3-2; s4-2 (2); 24 CFR 35: .90; .620; .625;
s5-1 (2); s5-9; s7-21 (2); 24 CFR 58: .71;
Ap20 (3); 24 CFR 135: .38 (2);
7417.1 Hbk: s12-12 24 CFR 943: .126;
AGENT ORANGE .............................2 24 CFR 965: .305;
1378.0 Hbk: s7-21 (2) HUD-51915: T/C; B2.1; C1.4;
E1.12; F;
AGENTS ..........................................11 HUD-51975-A: s1.12;
24 CFR 35: .92 (2); HUD-52481: p1;
HUD-51915: E1.7 (3); HUD-52842: p3;
HUD-51975-A: s1.7 (3); HUD-53012B: Att5.17;
HUD-5370: s2; s7; HUD-5370: s40; s46a (2);
7417.1 Hbk: s3-32 HUD-5370-C: s2; s18;
AGENT'S ...........................................4 1378.0 Hbk: s8-72; s8-83;
49 CFR 24: .401; Ap5; Ap6; Ap18b (3);
HUD-5369: s1 (2); Ap20 (2); Ap25; Ap26;
1378.0 Hbk: s3-3 7417.1 Hbk: s3-16; s3-19;
AGGREGATE .................................25 s3-123; s11-28
24 CFR 135: .30 (12); AGREEABLE ....................................2
24 CFR 965: .215 (2); 49 CFR 24: .603;
24 CFR 968: .103 (3); 1378.0 Hbk: s8-47
HUD-53012B: Att5.16; Att6.5; AGREED ..........................................36
Att6.9 (2); 24 CFR 87: .100 (3); .600 (2);
HUD-5370: s29; 49 CFR 24: .101; .102;
1378.0 Hbk: s8-72; .307 (2); .603;
4910.1 Hbk: ApC; HUD-51915: A2.2; B2.1;
7417.1 Hbk: s6-2 B3.1 (2); C1.2; C2.4;
AGGREGATE HIRES .......................1 HUD-51971: p2;
24 CFR 135: .30 HUD-52481: s7; Att (2);
AGGREGATE LIMIT .......................2 HUD-52484: p5;
24 CFR 965: .215 (2) HUD-52840A: p1 (2);
HUD-53012A: s6;
AGGREGATE NUMBER OF NEW HUD-53012B: Att6.10; Att7.1;
HIRES ..............................................10 HUD-5369-A: s2;
24 CFR 135: .30 (10) HUD-5369C: s1 (2);
AGGREGATED.................................4 1378.0 Hbk: s5-2; s5-7;
24 CFR 55: .24; .25; Ap20;
24 CFR 58: .30; .32 7417.1 Hbk: s2-6; s3-19;
s3-136; s7-22
AGGREGATES .................................1
4910.1 Hbk: ApE AGREED-UPON ...............................2
49 CFR 24: .107;
AGGREGATING ...............................2 1378.0 Hbk: s2-7
24 CFR 135: .92;
24 CFR 902: .52 AGREED-UPON SETTLEMENT .....1
49 CFR 24: .107
AGGREGATION ...............................9

AGREEMENT* ................................ 1 HUD-53012B: Att2; Att3 (4);
1378.0 Hbk: s8-43 Att4 (12); Att6.3 (3);
HUD-5369: s10;
AGREEMENT .............................. 533 HUD-5369-A: Intro; s1; s2;
24 CFR 8: .27; HUD-5369C: s1; s3;
24 CFR 35: .86 (3); .110 (2); HUD-5370: s2; s29; s31;
24 CFR 42: .305; .375; s37; s39; s40; s43 (3);
24 CFR 50: .17 (2); HUD-5370-C: s3; s13a (5);
24 CFR 55: .25 (3); s13b (4); s13c (2); s14;
24 CFR 58: .4; .14; .22 (2); s16; s18 (2);
.57; HUD-92264: p7;
24 CFR 87: .100 (4); .105 (7); 1378.0 Hbk: T/C; s1-6; s1-8;
.110 (3); .200; .205 (4); s1-12; s1-15 (2); s1-29;
.300 (2); .605 (3); s2-3; s2-5; s3-6 (2);
24 CFR 135: .5; .38; .40; s4-7 (5); s5-1 (3);
24 CFR 902: .5; .7 (2); .67; s5-2 (2); s5-9; s7-5 (4);
.75 (5); .79 (2); s7-7 (2); s7-12; s8-3;
24 CFR 905: .10 (3); s8-4; s8-23; s8-24;
24 CFR 941: .102; .103 (2); s8-34 (3); s8-35; s8-36;
.201; .207; .401 (2); s8-43 (5); s8-44;
.501; .602 (2); .606; s8-52 (2); s8-53; s8-54;
.608 (2); .610 (12); .612; s8-56 (2); s8-64; s8-65;
.614; .616; s8-72; s8-74; s8-75 (3);
24 CFR 943: .100; .118 (2); s8-83; s8-85; s8-87 (2);
.122 (2); .124 (6); .126; s8-94; s8-103; s8-114;
.128 (3); .130; s8-124 (3); s8-134; s8-135;
24 CFR 965: .101; .305; s8-150; s8-152; s8-164 (2);
.502; s8-165; s8-185; s8-194 (2);
24 CFR 968: .101; .102; s8-211; s8-214; s8-222 (5);
.103 (2); .105 (2); .108; s8-223; Ap1 (4); Ap3;
.205 (2); .305 (2); .310; Ap19; Ap20 (49); Ap29 (2);
.315 (3); .325; .335 (2); 4910.1 Hbk: Front; ApK;
24 CFR 970: .4; .5; .11; 7417.1 Hbk: T/C (4); s2-4 (2);
49 CFR 24: .2; .4; .6 (6); s2-6 (11); s2-7 (3);
.101 (2); .102 (2); .204; s3-14 (4); s3-15 (6);
.205 (2); .206; .307 (2); s3-16; s3-17; s3-18 (2);
.603; s3-19; s3-113; s3-123;
HUD-50071: p1 (4); s3-125; s3-127 (2); s3-136;
HUD-51000: p2; s4-12; s4-23; s4-28;
HUD-51915: Intro; T/C (3); s4-29 (2); s5-15;
A1.1; A2.1 (2); A2.2 (2); s5-22 (2); s6-4; s6-25;
B2.1; B3.1; B4.1; B4.2; s6-29 (2); s6-38; s6-39;
C1.2; C1.3 (4); C1.4 (2); s7-33; s7-34; s7-35;
C1.6; D1.0; D1.4; D1.5; s7-92; s7-115; s8-4;
D1.6; E1.1; E1.2; s8-5; s8-32; s8-62;
E1.7 (2); E1.8 (2); E1.9; s9-4 (2)
E1.10; E1.11 (3); E1.12;
F (4); AGREEMENT BETWEEN OWNER
HUD-51975-A: s1.1; s1.2; AND ARCHITECT ........................... 2
s1.7 (3); s1.8 (2); s1.9; 7417.1 Hbk: s3-16; s3-19
s1.10; s1.11 (3); s1.12; AGREEMENT SUBJECT TO
HUD-51971: p1 (5); p2 (5);
p3 (11); TERMINATION ............................... 1
HUD-52481: p1 (3); s1 (2); 49 CFR 24: .205
s8 (2); s9 (2); Att (11); AGREEMENT TO PAY ................... 3
HUD-52651-A: p7; HUD-51915: E1.11;
HUD-52833: p2; HUD-51975-A: s1.11;
HUD-52835: p1 (2); HUD-5370-C: s13b
HUD-52837: pi; AGREEMENT-ON ........................... 1
HUD-52840A: p1 (2); 7417.1 Hbk: s6-4
HUD-53012A: Intro (2); s2 (2);
s6 (3); s9 (5); s10 (2); AGREEMENTS .............................. 68
s19; s22; s23 (2); 24 CFR 35: .135 (4);
24 CFR 50: .3; .22;
24 CFR 58: .77; 49 CFR 24: .603;
24 CFR 87: .605 (2); 1378.0 Hbk: s7-21; s8-122;
24 CFR 135: .11; .92; Ap1 (2);
24 CFR 902: .79; .83; 4910.1 Hbk: s100-2; Idx
24 CFR 941: .606 (3); AIDS.................................................21
.610 (4); 24 CFR 8: .3 (4);
24 CFR 943: .122; .124; 24 CFR 35: .700 (2); .900;
.126; .1000; .1200 (2);
24 CFR 963: .5; 24 CFR 58: .1 (2);
24 CFR 970: .11 (2); 1378.0 Hbk: Intro (2); T/C;
24 CFR 972: .224 (3); s1-3; s8-60; s8-61;
49 CFR 24: .1; s8-62 (2); s8-72
HUD-50070: p1 (2);
HUD-51915: E1.3; AIR CHANGES .................................2
HUD-51975-A: s1.3; s1.7; 4910.1 Hbk: ApI; ApK
HUD-52481: p1; Att (2); AIR CONDITIONING .....................33
HUD-52651-A: p6; 24 CFR 965: .505 (7);
HUD-52820: p1 (3); HUD-5087: s15;
HUD-5369C: s4; HUD-51994: p1 (2); p5;
HUD-5370: s27; s28; HUD-52651-A: p4 (2); p8;
HUD-5370-C: s8 (2); s13e; HUD-53012B: Att7.1;
1378.0 Hbk: Ap20 (2); HUD-92264: p3 (3);
7417.1 Hbk: s2-6 (4); s3-14; 1378.0 Hbk: s1-26;
s3-137; s6-4 (2); s6-22; 4910.1 Hbk: ApB; ApH;
s6-24; s6-38; s7-22; 7417.1 Hbk: T/C; s3-147 (7);
s7-74; s7-122; s9-82; s3-175 (2); s10-23 (2)
s10-25 (2); s10-112 AIR CONDITIONING SYSTEM ......4
AGREES ..........................................69 24 CFR 965: .505;
24 CFR 35: .86; 7417.1 Hbk: s3-147; s10-23 (2)
24 CFR 42: .375; AIR CONDITIONING SYSTEMS ....2
24 CFR 50: .3; 7417.1 Hbk: s3-147; s3-175
24 CFR 135: .5 (2); .38 (3);
24 CFR 941: .103 (3); .604; AIR HANDLING ...............................2
.610; HUD-5087: s15;
24 CFR 968: .105 (2); .112; 7417.1 Hbk: s3-175
.315; AIR INFILTRATION ........................3
49 CFR 24: .2; 4910.1 Hbk: s508-1; ApD; ApE
HUD-51915: E1.12 (3);
HUD-51975-A: s1.12 (3);
AIR LEAKAGE .................................5
4910.1 Hbk: ApD (5)
HUD-51971: p1 (3); p2 (2);
HUD-52481: s3; s4; s6; AIR MAIL ..........................................2
HUD-52840A: p1 (2); 7417.1 Hbk: s5-16; s7-124
HUD-53012A: s12; AIR POLLUTION..............................3
HUD-53012B: Att3; Att4; 24 CFR 941: .202;
HUD-5369-A: s6; s10 (2); 7417.1 Hbk: s3-78; s9-63
HUD-5369C: s4;
HUD-5370: s18; s22 (2); s39;
AIR PRESSURE ................................1
4910.1 Hbk: ApD
s40 (3); s43 (2); s45;
HUD-5370-C: s7; s8; s13c; AIR QUALITY ..................................6
s14; 24 CFR 50: .4;
1378.0 Hbk: s1-8 (2); 24 CFR 58: .5;
s8-52 (2); s8-54; s8-142; 24 CFR 902: .23;
s8-231; Ap20 (5); 7417.1 Hbk: T/C; s3-79;
7417.1 Hbk: s3-133; s3-134 s3-98
AGRICULTURAL PRODUCTS .......2 AIR QUALITY STANDARDS .........1
49 CFR 24: .2; 7417.1 Hbk: s3-98
1378.0 Hbk: s1-10 AIR RIGHTS......................................3
AIA .....................................................4 1378.0 Hbk: Ap20;
HUD-5087: Intro; 7417.1 Hbk: s3-79 (2)
4910.1 Hbk: s100-4; ApB; ApH AIR-CONDITIONING ......................2
AID .....................................................8 HUD-51994: p3; p4
24 CFR 51: .106;

AIRCRAFT ....................................... 1 49 CFR 24: .2 (4); .203;
7417.1 Hbk: s3-33 .208 (8)
AIRFIELD ......................................... 1 ALIEN LAWFULLY ADMITTED .. 1
24 CFR 51: .301 49 CFR 24: .208
AIRFIELDS ..................................... 10 ALIEN NOT LAWFULLY PRESENT
24 CFR 51: .100; .208 (2); ........................................................... 5
.300 (2); .301 (2); 24 CFR 972: .130; .230;
.303 (2); .305 49 CFR 24: .2; .203; .208
AIRPORT ........................................ 10 ALIEN NUMBER ............................. 1
24 CFR 51: .301 (6); .303 (2); 49 CFR 24: .208
.305; ALIENS ............................................. 1
24 CFR 58: .6 49 CFR 24: .208
AIRPORT OPERATOR .................... 4 ALIEN'S ............................................ 5
24 CFR 51: .301; .303 (2); 49 CFR 24: .208 (5)
24 CFR 58: .6
ALIMONY ........................................ 1
AIRPORT OPERATORS .................. 1 1378.0 Hbk: s7-21
24 CFR 51: .305
ALL AVAILABLE EVIDENCE ...... 2
AIRPORTS ...................................... 15 24 CFR 941: .501;
24 CFR 51: .101; .106 (5); 24 CFR 968: .335
.208; .300 (2); .301 (2);
.303; .305 (3) ALL FAMILIES ................................ 4
24 CFR 945: .203;
ALARM ............................................. 8 24 CFR 971: .3;
24 CFR 965: .805 (2); 24 CFR 972: .124;
HUD-5087: s16; 49 CFR 24: .603
HUD-51000: p2;
4910.1 Hbk: s100-2 (3); ApI ALL FAMILY UNITS ...................... 1
HUD-92264: p2
ALARM SYSTEM ............................ 2
24 CFR 965: .805; ALL REASONABLE STEPS ......... 18
HUD-51000: p2 24 CFR 941: .207;
24 CFR 968: .108;
ALARM SYSTEMS .......................... 1 1378.0 Hbk: s2-2; s8-2;
4910.1 Hbk: ApI s8-22; s8-32; s8-42;
ALARMS .......................................... 3 s8-63; s8-73; s8-82;
24 CFR 8: .3 (2); .33 s8-93; s8-102; s8-123;
ALASKA NATIVE CLAIMS ........... 6 s8-132; s8-162; s8-183;
HUD-5369: s12 (3); s8-212;
HUD-5369-A: s8 (2); 7417.1 Hbk: s3-122
1378.0 Hbk: s7-21 ALLEGATION.................................. 6
ALASKA NATIVE VILLAGE ......... 4 24 CFR 87: .400;
24 CFR 58: .2 (3); 24 CFR 135: .70; .76 (4)
HUD-5369: s12 ALLEGATIONS ............................... 3
ALCOHOL ...................................... 15 24 CFR 135: .72; .76 (2)
24 CFR 8: .3 (4); ALLEGED ....................................... 10
24 CFR 51: .208 (7); 24 CFR 87: .605 (3);
1378.0 Hbk: s2-4; s2-5; 24 CFR 135: .76 (2);
s8-62; s8-72 HUD-53012A: s17 (2);
ALCOHOL ABUSE .......................... 1 HUD-5370: s31; s46a;
1378.0 Hbk: s8-62 HUD-5370-C: s3
ALCOHOL TREATMENT ............... 2 ALLEGED NONCOMPLIANCE ..... 1
1378.0 Hbk: s2-4; s2-5 24 CFR 135: .76
ALCOHOLIC .................................... 2 ALLEGES ......................................... 2
24 CFR 8: .3 (2) 24 CFR 135: .76 (2)
ALCOHOLISM ................................. 1 ALLEGING ....................................... 5
24 CFR 8: .3 24 CFR 41: .6;
24 CFR 135: .70 (2); .74;
ALIEN ............................................. 15 .76
24 CFR 972: .130; .230;
ALLEY .............................................. 1
4910.1 Hbk: ApK
ALLEYS...........................................12 24 CFR 968: .103
HUD-5087: s2; ALLOCATION AREA ....................39
HUD-51971: p1 (7); 7417.1 Hbk: T/C; s4-1 (2);
HUD-52481: s5; s6; s4-2; s4-22; s5-1 (2);
1378.0 Hbk: Ap20 (2) s5-2 (2); s5-11 (4); s5-21;
ALL-INCLUSIVE ..............................1 s5-24; s5-25 (2); s6-1;
7417.1 Hbk: s3-113 s6-3 (2); s6-4; s6-5;
s6-29 (3); s6-30 (2);
ALLOCATE .......................................8 s7-1 (2); s7-33 (2);
24 CFR 905: .10 (3); s7-34 (2); s7-52 (2);
24 CFR 968: .103 (3); .315; s7-83 (2); s7-123; s7-124
.320
ALLOCATION AREAS ..................21
ALLOCATED ..................................32 7417.1 Hbk: T/C (2); s1-5;
24 CFR 55: .1; s4-2; s5-3 (4); s5-11;
24 CFR 905: .120 (2); s5-16; s5-21 (2);
24 CFR 968: .103 (4); s7-34 (2); s7-44 (2);
.310 (3); .320; s7-122; s7-126 (2);
HUD-52834: p5 (10); p6 (4); s7-127 (2)
HUD-53012B: Att5.16;
7417.1 Hbk: s5-3 (2); s5-11; ALLOCATION OF CAPITAL FUNDS
s5-21 (2); s5-25 ............................................................1
ALLOCATES.....................................1 24 CFR 905: .10
24 CFR 943: .118 ALLOCATION OF FUNDS ..............5
ALLOCATING ..................................7 24 CFR 943: .124;
24 CFR 941: .608; 24 CFR 968: .103 (2); .310 (2)
24 CFR 968: .103 (2); ALLOCATION OF THE CREDIT ....1
7417.1 Hbk: s1-5; s1-6; 24 CFR 970: .11
s5-3 (2) ALLOCATION PLAN .....................45
ALLOCATING MODERNIZATION 24 CFR 945: .103; .105 (2);
FUNDS ...............................................1 .201 (3); .203 (26);
24 CFR 968: .103 .205 (4); .303;
7417.1 Hbk: s4-2; s5-1;
ALLOCATING OPERATING s5-3; s5-11 (4); s5-25
SUBSIDIES ........................................1 ALLOCATION PLAN'' .....................2
24 CFR 941: .608 24 CFR 945: .203 (2)
ALLOCATION ..............................164 ALLOCATION PLAN AND .............1
24 CFR 905: .10 (4); 7417.1 Hbk: s4-2
24 CFR 941: .301; .610 (2);
24 CFR 943: .124; ALLOCATION PLAN APPROVAL.2
24 CFR 945: .103; .105 (2); 24 CFR 945: .203 (2)
.201 (3); .203 (35); ALLOCATION PLAN AS.................2
.205 (4); .303; 24 CFR 945: .203 (2)
24 CFR 968: .103 (14); ALLOCATION PLAN BASED.........1
.104 (2); .105; .112 (2); 24 CFR 945: .203
.305; .310 (14); .315 (3);
.335; ALLOCATIONS ................................8
24 CFR 970: .11; 24 CFR 968: .104 (2);
7417.1 Hbk: T/C (3); s1-5; 1378.0 Hbk: s8-182 (2);
s4-1 (2); s4-2 (4); s4-22; 7417.1 Hbk: T/C; s1-5;
s5-1 (3); s5-2 (2); s5-3 (2)
s5-3 (6); s5-11 (9); s5-16; ALLOTMENT ...................................2
s5-21 (3); s5-24; HUD-52540: p1;
s5-25 (4); s6-1; s6-3 (2); 1378.0 Hbk: s7-21
s6-4; s6-5; s6-29 (3); ALLOTMENT NUMBER .................1
s6-30 (2); s7-1 (2); HUD-52540: p1
s7-33 (2); s7-34 (4);
s7-44 (2); s7-52 (2); ALLOW ...........................................38
s7-83 (2); s7-122; s7-123; 24 CFR 35: .88;
s7-124; s7-126 (2); 24 CFR 50: .19 (2);
s7-127 (2) 24 CFR 55: .12;
24 CFR 70: .4;
ALLOCATION AMOUNT................1

24 CFR 135: .92; 1378.0 Hbk: Intro; T/C (3);
24 CFR 902: .1; .43; .50; s3-2 (8); s3-4.; s3-8 (2);
.51; .60; .77 (2); s4-2 (3); s4-5; s4-6;
24 CFR 945: .203; .205; s7-16 (2); s7-20;
24 CFR 968: .105; .320; s7-21 (3); s7-22 (5);
24 CFR 970: .7; .13; Ex7-1; Ap5; Ap6; Ap18;
24 CFR 972: .130 (2); Ap18a; Ap18b; Ap20; Ap25;
HUD-52481: Att; Ap26; Ap28 (3);
HUD-52484: p5; 7417.1 Hbk: s7-101
HUD-53012A: s9; ALLOWANCES.............................. 48
HUD-53012B: Att5.7; 24 CFR 70: .3;
HUD-5369-B: s4; 24 CFR 965: .404; .405 (2);
HUD-92264: p1; .407; .502 (11); .503 (2);
1378.0 Hbk: s7-11; s7-21; .504 (5); .505 (6);
4910.1 Hbk: s100-3 (2); .506 (3); .507 (5);
c100-3; s306; ApI; .508 (2);
ApK (2); 24 CFR 971: .13 (2);
7417.1 Hbk: s10-29; s11-14 1378.0 Hbk: s3-2; s7-21 (3);
ALLOWABILITY ............................. 3 s7-22; Ap20;
HUD-5370: s29; 7417.1 Hbk: Front
HUD-5370-C: s13e (2) ALLOWED ..................................... 33
ALLOWABLE ................................ 51 24 CFR 35: .940 (2);
24 CFR 8: .29 (2); 24 CFR 51: .208 (2);
24 CFR 51: .101; .203 (3); 24 CFR 55: .11 (8); .20;
24 CFR 58: .22; .23; 24 CFR 970: .13;
24 CFR 70: .1; HUD-51001: p2 (2);
24 CFR 87: .110; .200 (4); HUD-51004: p1;
.205 (6); .300 (6); HUD-5370: s8 (2); s29 (3);
24 CFR 968: .310; s30;
24 CFR 970: .9; 1378.0 Hbk: s8-234;
49 CFR 24: .102; 7417.1 Hbk: s3-132 (4);
HUD-5370: s46d; s3-133; s3-134; s3-175;
HUD-5370-C: s13e (2); s9-15; s10-24
1378.0 Hbk: s5-2; ALLOWING...................................... 7
4910.1 Hbk: s100-2; ApI (2); 24 CFR 70: .1; .2;
ApK; 24 CFR 970: .11;
7417.1 Hbk: s3-19 (2); s3-136; 49 CFR 24: .2;
s3-137 (3); s3-146 (2); HUD-5369-A: s6;
s3-149 (2); s3-150; s5-12; 1378.0 Hbk: s1-21; Ap20
s8-65; s10-22
ALLOWS .......................................... 6
ALLOWABLE DAMAGES ............. 2 24 CFR 902: .26;
49 CFR 24: .102; 49 CFR 24: .603 (2);
1378.0 Hbk: s5-2 HUD-5369-A: s6;
ALLOWABLE HEIGHT .................. 2 1378.0 Hbk: s5-1;
4910.1 Hbk: ApI; ApK 7417.1 Hbk: s11-12
ALLOWABLE HEIGHT AND AREA1 ALL-WEATHER .............................. 1
4910.1 Hbk: ApI 4910.1 Hbk: ApK
ALLOWABLE STRESS ................... 1 ALL-WEATHER ACCESS .............. 1
7417.1 Hbk: s10-22 4910.1 Hbk: ApK
ALLOWABLE STRESSES .............. 1 ALONE.............................................. 4
4910.1 Hbk: ApI 24 CFR 35: .110;
ALLOWANCE ................................ 61 24 CFR 51: .103;
24 CFR 941: .103; 24 CFR 945: .105 (2)
24 CFR 965: .402; .501; ALPHA NUMERIC .......................... 4
.505; HUD-52540: p2;
24 CFR 971: .13 (2); HUD-52825: pi;
49 CFR 24: .302 (3); .303 (3); HUD-52832: p2;
HUD-52484: p5; HUD-52837: pi
HUD-53012B: Att5.16 (4); ALTER .............................................. 8
24 CFR 50: .19 (3);
24 CFR 58: .2; .34; .35; HUD-52481: Att (3)
4910.1 Hbk: ApI; ApK ALTERNATE FORMS ......................1
ALTERATION.................................33 HUD-52481: Att
24 CFR 8: .3 (5); .21 (4); ALTERNATE MANAGEMENT
.23 (2); .24 (4); .25 (2);
.32 (4); .33; ENTITIES ..........................................1
24 CFR 40: .1; .2; .3 (5); 24 CFR 902: .5
.6; ALTERNATE PRODUCTS ..............1
24 CFR 50: .19; 4910.1 Hbk: s607-2
24 CFR 55: .2; ALTERNATE SITES .........................5
7417.1 Hbk: s3-149 7417.1 Hbk: s3-78 (3); s3-135;
ALTERATION OF EXISTING s3-136
FACILITIES.......................................1 ALTERNATES ..................................2
24 CFR 8: .24 HUD-5087: Intro;
ALTERATIONS ..............................27 HUD-53012B: Att5.4
24 CFR 8: .3; .21 (3); ALTERNATIVE ..............................73
.23 (7); .25 (3); .31 (2); 24 CFR 8: .21;
.32; 24 CFR 35: .130;
24 CFR 35: .110 (2); 24 CFR 50: .42;
24 CFR 51: .101; 24 CFR 55: .20 (2); .27;
24 CFR 968: .112; 24 CFR 58: .32; .40;
HUD-51001: p2 (2); .47 (2);
HUD-5370: s36; 24 CFR 902: .7;
1378.0 Hbk: s8-8; s8-49; 24 CFR 905: .10;
7417.1 Hbk: s3-149 24 CFR 941: .203; .501;
ALTERATIONS TO COMMON .602;
24 CFR 943: .150;
AREAS ...............................................1 24 CFR 963: .1; .3 (2);
24 CFR 8: .23 .5 (2); .10 (4); .12;
ALTERED ........................................13 24 CFR 968: .103 (3);
24 CFR 8: .3 (4); .32 (2); .205 (2); .325 (3); .335;
24 CFR 40: .2 (2); .4; 24 CFR 971: .7;
24 CFR 41: .5; 24 CFR 972: .130;
24 CFR 902: .53; 49 CFR 24: .4; .101; .105;
HUD-5370: s16; .302; .404; .603;
1378.0 Hbk: Ap20 HUD-53012B: Att2;
ALTERING ........................................3 1378.0 Hbk: T/C (2); s2-4;
24 CFR 8: .32; s3-2; s3-3; s3-4.;
24 CFR 42: .305; s3-6 (2); s4-5 (3);
HUD-51915: A1.2 s4-6 (2); s5-1; s5-5;
s7-22; s8-47; s8-87;
ALTERNATE ..................................33 s8-145; Ex7-1; Ap7;
24 CFR 8: .24; Ap18a; Ap18b;
24 CFR 50: .3; 4910.1 Hbk: ApK;
24 CFR 51: .106; 7417.1 Hbk: s3-75 (2); s3-127;
24 CFR 902: .5; s3-135; s10-63
HUD-52481: Att (9);
HUD-53012B: Att5.4; ALTERNATIVE COMPENSATION 2
HUD-5369: s1; 49 CFR 24: .105;
4910.1 Hbk: s513-1; s513-2; 1378.0 Hbk: s5-5
s513-3; s607-2; ALTERNATIVE MANAGEMENT ..5
7417.1 Hbk: s3-78 (4); s3-135; 24 CFR 941: .501;
s3-136 (2); s3-142 (2); 24 CFR 968: .325 (3); .335
s11-12 (5) ALTERNATIVE MANAGEMENT
ALTERNATE ACCESSIBLE SITES 1 ENTITY .............................................4
24 CFR 8: .24 24 CFR 902: .7;
ALTERNATE BIDS ..........................6 24 CFR 905: .10;
HUD-53012B: Att5.4; 24 CFR 968: .103 (2)
HUD-5369: s1; ALTERNATIVE MANAGEMENT
7417.1 Hbk: s11-12 (4)
STRATEGY .......................................4
ALTERNATE FORM ........................3

24 CFR 968: .325 (3); .335 ALUMINUM DOORS ...................... 2
ALTERNATIVE METHOD ............. 1 4910.1 Hbk: s508-2; Idx
24 CFR 963: .5 ALUMINUM FENESTRATION
ALTERNATIVE METHODS ........... 3 PRODUCTS ...................................... 1
24 CFR 8: .21; 4910.1 Hbk: ApF
24 CFR 55: .20;
24 CFR 968: .103 ALUMINUM HOUSE PAINT.......... 1
4910.1 Hbk: s609-3
ALTERNATIVE PROCEDURES .... 1
24 CFR 50: .42 ALUMINUM PAINT ........................ 1
4910.1 Hbk: s609-3
ALTERNATIVE PROCUREMENT. 4
24 CFR 941: .602; ALUMINUM WINDOWS ................ 2
24 CFR 943: .150; 4910.1 Hbk: s508-4 (2)
24 CFR 963: .1; .10 AMBIENT ......................................... 2
ALTERNATIVE PROCUREMENT 24 CFR 51: .106;
7417.1 Hbk: s3-98
CONTRACT AWARDS ................... 1
24 CFR 963: .10 AMBIENT BACKGROUND LEVEL1
24 CFR 51: .106
ALTERNATIVE PROCUREMENT
AMBULANCE .................................. 3
PROCESS .......................................... 7 4910.1 Hbk: Front; s100-2;
24 CFR 963: .3 (2); .5; s614-1
.10 (3); .12
AMBULANCE STRETCHERS ........ 3
ALTERNATIVE PROCUREMENT 4910.1 Hbk: Front; s100-2;
PROCESS .......................................... 7 s614-1
24 CFR 963: .3 (2); .5; AMCC ............................................... 6
.10 (3); .12 24 CFR 968: .145 (5);
ALTERNATIVE PUBLIC HOUSING 7417.1 Hbk: s4-29
USES ................................................. 2 AME .................................................. 7
24 CFR 971: .7; 24 CFR 902: .5 (2); .7; .75;
24 CFR 972: .130 .83 (2);
ALTERNATIVE SITES .................... 4 HUD-50072: p1
49 CFR 24: .101; AMELIORATION ............................ 1
1378.0 Hbk: s5-1; s8-87; 24 CFR 941: .103
7417.1 Hbk: s3-127 AMELIORATION OF UNUSUAL
ALTERNATIVE STRATEGIES ...... 1 SITE CONDITIONS ......................... 1
1378.0 Hbk: s2-4 24 CFR 941: .103
ALTERNATIVELY .......................... 5 AMELIORATIVE ............................. 1
24 CFR 51: .103; 24 CFR 51: .101
24 CFR 941: .606; .610;
HUD-2530: p3; AMELIORATIVE ACTIONS........... 1
HUD-51994: p2 24 CFR 51: .101
ALTERNATIVES ........................... 21 AMEND .......................................... 17
24 CFR 35: .1330; 24 CFR 35: .88;
24 CFR 55: .20 (7); .27; 24 CFR 50: .19;
24 CFR 58: .22; .32; .40; 24 CFR 58: .52;
24 CFR 968: .215; 24 CFR 87: .400;
24 CFR 971: .7; 24 CFR 945: .203;
24 CFR 972: .130; 24 CFR 968: .315 (3);
1378.0 Hbk: s6-2; HUD-52540: p2;
4910.1 Hbk: s101-1; ApK; HUD-52837: pi;
7417.1 Hbk: s3-79; s11-12 (2) HUD-53012A: s6; s8;
HUD-53012B: Att5.12;
ALTERS ............................................ 2 Att5.17 (2);
24 CFR 968: .105; HUD-5369-A: s3;
HUD-5370: s3 7417.1 Hbk: s5-3
ALUMINUM ................................... 21 AMENDED ................................... 284
4910.1 Hbk: s508-2 (3); 24 CFR 8: .1 (2); .3 (2);
s508-4 (2); s609-3 (2); .21; .22; .24; .25;
Idx (3); ApB; ApC (6); .28; .32;
ApE (2); ApF; ApH
24 CFR 35: .88; .90; .92; HUD-53012A: Intro; s2 (2);
.94; .100; .110; .1115; s5 (2); s8; s11; s12 (2);
24 CFR 40: .2; s23 (2);
24 CFR 41: .6; HUD-53012B: Att5.17;
24 CFR 50: .1; .4 (11); .19; HUD-5369: s3 (3);
.20; HUD-5370: s12; s18 (2);
24 CFR 51: .100 (2); .101; s39 (6); s40; s46d;
.102; .103; .104; .105; HUD-5370-C: s13b; s14 (5);
.106; .200; .201; .202; s18;
.203; .208; .300; .302; 1378.0 Hbk: Intro (2); T/C;
.303; s1-2 (2); s1-25; s1-30;
24 CFR 55: .12; .22; s1-32; s2-4; s2-5; s3-4.;
24 CFR 58: .1; .2 (2); .4; s7-1; s7-16 (2); s8-1;
.5 (7); .6 (3); .11; .33; s8-3; s8-5; s8-8; s8-21;
.34; .35; .47; .60; s8-25; s8-38; s8-49;
.72; .75; s8-122; s8-176; s8-214;
24 CFR 70: .1; s8-217; Ap2; Ap3; Ap4;
24 CFR 87: .110; .200; Ap5; Ap6; Ap7; Ap18;
.400 (2); Ap18a (2); Ap18b (2); Ap20;
24 CFR 135: .5 (4); .11; Ap25 (2); Ap26 (2); Ap27;
.38; .76 (2); Ap29;
24 CFR 902: .20; .25; .33; 7417.1 Hbk: s3-15 (2); s3-45;
.35; .45; .60; .67; s3-72; s3-161; s3-164;
.77; .79; s9-103; s10-132
24 CFR 905: .10; AMENDED DEVELOPMENT
24 CFR 941: .101; .102;
.103; .201; .202; .207; TIMETABLE .....................................1
.208; .602; .606 (2); 7417.1 Hbk: s3-164
.610; .612; AMENDING ......................................4
24 CFR 945: .105; .301; 24 CFR 968: .315;
24 CFR 963: .3; .5; .10; HUD-52832: p2 (2);
24 CFR 965: .101 (2); .205; 7417.1 Hbk: s2-5
.215; AMENDMENT ..............................166
24 CFR 968: .101; .102; 24 CFR 50: .19; .23;
.103; .104 (2); .105 (2); 24 CFR 55: .11; .12 (2);
.108 (2); .110; .112; 24 CFR 70: .1;
.205; .305; .310 (2); 24 CFR 87: .100; .105; .205;
.315; .320 (2); .325 (2); .605;
.330 (2); .335 (2); .435; 24 CFR 135: .76;
24 CFR 970: .1; .2; .3; 24 CFR 902: .25; .35; .45;
.4; .5; .7; .8; .9; .53;
.13; 24 CFR 905: .10;
24 CFR 971: .5; 24 CFR 941: .302 (2);
49 CFR 24: .1; .8 (2); .102; .305 (3); .608 (3);
.103; .105; .202; .203; .610 (5); .612 (2); .614;
.204; .205; .303; .304; .616;
.306; .307; .401; .403; 24 CFR 965: .501;
.404; .603 (2); 24 CFR 968: .103 (3);
HUD-50070: p1 (2); .105 (2); .125; .210 (6);
HUD-51915: E1.12; .315; .320; .325 (4);
HUD-51975-A: s1.12; .335 (3);
HUD-51971: p1; p3; 24 CFR 969: .104 (2);
HUD-51994: p2 (6); .105 (3); .106;
HUD-52825: pi; 24 CFR 972: .233;
HUD-52832: p2 (2); HUD-50071: p1;
HUD-52834: p5; HUD-51915: T/C; A1.1; A1.2;
HUD-52835: p1; A2.2 (2); B2.1; B3.1 (4);
HUD-52837: pi; C1.4 (2); E1.11;
HUD-52840A: p1 (5); HUD-51975-A: s1.11;
HUD-52842: p3; HUD-52190-A: p1 (3); p2 (4);
HUD-53009-A: p1 (4); HUD-52190-B: p1 (8); p2 (5);
HUD-52190-C: p1 (8); p2 (9);
HUD-52840A: p1 (13);

HUD-53001: p2; AMERICAN INDIAN....................... 3
HUD-53009-A: p1 (10); 1378.0 Hbk: Ap8; Ap9; Ap21
HUD-53012A: Intro; s23;
HUD-5369: s2 (2); s3 (7); AMERICAN INSTITUTE OF
s4; ARCHITECTS .................................. 2
HUD-5370-C: s13a; s13b (3); 4910.1 Hbk: ApB; ApH
7417.1 Hbk: s3-166 (2); AMERICAN NATIONAL STANDARD
s3-167; s3-204 (6); s4-29;
s7-44; s10-29 ........................................................... 3
24 CFR 51: .106 (2);
AMENDMENT DECREASE ........... 2 4910.1 Hbk: s613-2
7417.1 Hbk: s3-204 (2)
AMENDMENT FUNDS ................... 6 AMERICAN NATIONAL
HUD-52540: p2; STANDARDS ................................... 3
7417.1 Hbk: s3-166 (2); 1378.0 Hbk: s1-7;
s3-204 (3) 4910.1 Hbk: ApB; ApH
AMENDMENT OF COMPLAINT ... 1 AMERICAN SAMOA ...................... 3
24 CFR 135: .76 24 CFR 35: .110;
24 CFR 58: .2;
AMENDMENT TO THE PROPOSAL 1378.0 Hbk: Ap28
........................................................... 1 AMICABLE .................................... 11
24 CFR 941: .305 49 CFR 24: .101 (2);
AMENDMENTS ............................. 72 HUD-51971: p1; p3;
24 CFR 35: .725; 1378.0 Hbk: s5-1 (2); s8-36;
24 CFR 50: .4; s8-87 (2);
24 CFR 87: .200; 7417.1 Hbk: s3-127 (2)
24 CFR 135: .76 (2); AMICABLE AGREEMENT........... 11
24 CFR 902: .24 (4); .25; 49 CFR 24: .101 (2);
.35; .45; .53; HUD-51971: p1; p3;
24 CFR 941: .305; .610; 1378.0 Hbk: s5-1 (2); s8-36;
24 CFR 945: .203; s8-87 (2);
24 CFR 968: .315 (7); .320; 7417.1 Hbk: s3-127 (2)
.325 (8);
24 CFR 970: .2 (2); AMORTIZATION .......................... 20
HUD-52484: p3; 24 CFR 965: .402;
HUD-52540: p2 (2); 24 CFR 968: .102;
HUD-52836: p1 (3); 24 CFR 971: .13;
HUD-53012A: Intro (2); s1; 49 CFR 24: .404;
s8; HUD-52840A: p1 (2);
HUD-53012B: Att1; Att5 Intro; HUD-53012B: Att5.17;
HUD-5369: Intro; s3 (4); Att6 Intro; Att6.1; Att6.3;
HUD-5370-C: s13b; Att6.4; Att6.6; Att6.7 (6);
1378.0 Hbk: Intro (2); s1-25; 1378.0 Hbk: s7-21 (2)
4910.1 Hbk: s100-3; ApE; AMORTIZATION FUND............... 12
ApK (4); HUD-53012B: Att5.17;
7417.1 Hbk: T/C (2); Att6 Intro; Att6.1; Att6.3;
s3-49 (3); s3-98 (2); Att6.4; Att6.6; Att6.7 (6)
s3-99; s3-101; s3-179;
s5-3
AMORTIZATION PERIOD ............. 1
24 CFR 968: .102
AMENDMENTS TO NEEDS AMORTIZE ...................................... 5
ASSESSMENTS ............................... 1 24 CFR 971: .13;
24 CFR 968: .315 HUD-53012B: Att6.5 (4)
AMENDS .......................................... 1 AMORTIZED.................................. 10
24 CFR 50: .4 24 CFR 971: .13 (7);
AMENITIES.................................... 12 49 CFR 24: .401; .603;
24 CFR 8: .26; 1378.0 Hbk: s3-3
24 CFR 968: .112; AMORTIZED COST OF
HUD-92264: p3 (4); p7;
7417.1 Hbk: s3-113 (4); s3-143
DEMOLISHING ............................... 1
24 CFR 971: .13
AMENITY-RELATED ..................... 1
7417.1 Hbk: s3-113
AMORTIZED COST OF 24 CFR 941: .304 (2);
.606 (4); .610 (2);
DEMOLITION ...................................1 24 CFR 963: .12;
24 CFR 971: .13 24 CFR 965: .401; .402 (2);
AMORTIZED DEMOLITION AND .403; .404 (2); .406 (3);
RELOCATION COST--$28 ..............1 24 CFR 968: .115; .315 (3);
24 CFR 971: .13 24 CFR 970: .12;
24 CFR 972: .124 (2);
AMORTIZED MODERNIZATION .218 (8); .221 (2);
COST--$333 .......................................1 .224 (7); .230;
24 CFR 971: .13 49 CFR 24: .2; .103 (4);
.404;
AMORTIZED MODERNIZATION HUD-51001: p2;
COST ..................................................2 HUD-51915: A1.2 (3); E1.2 (2);
24 CFR 971: .13 (2) HUD-51975-A: s1.2 (2);
AMOUNT ALLOWED......................3 HUD-51994: p1 (2); p2 (2);
HUD-51001: p2; HUD-52396: p1 (2);
7417.1 Hbk: s3-133; s10-24 HUD-52484: p4 (2); p8;
HUD-52832: p2;
AMOUNT DUE .................................4 HUD-5370-C: s13b;
24 CFR 941: .403;
HUD-92264: p4 (2); p5;
HUD-51001: p2;
p7 (5); p8;
HUD-52481: Att;
1378.0 Hbk: s5-2; s5-3 (5);
HUD-53012B: Att5.14
Ap19; Ap20 (12);
AMOUNT OF CREDITS...................1 4910.1 Hbk: Intro; s101-3;
24 CFR 968: .310 ApK (2);
AMOUNT OF RELOCATION 7417.1 Hbk: T/C; s1-5;
s3-15; s3-113 (2); s3-147;
ASSISTANCE ....................................2 s3-148 (4); s3-149;
24 CFR 42: .390; s5-15 (2); s6-26; s7-36;
24 CFR 941: .207 s7-95 (3); s7-99; s9-64;
AMOUNT PAID ................................1 s9-73; s9-81; s9-82;
24 CFR 87: .110 s10-27; s10-85; s10-103;
AMOUNTS OWED ...........................1 s10-104; s10-112; s11-16;
HUD-5370-C: s4 s11-17 (2)
AMOUNTS PAID ..............................4 ANALYSIS AND SCORING ............1
49 CFR 24: .603; 24 CFR 902: .52
HUD-53012B: Att6.4 (2); ANALYST .......................................12
1378.0 Hbk: s7-21 HUD-92264: p8;
AMYL ACETATE .............................1 7417.1 Hbk: s3-18; s9-92;
24 CFR 51: .208 s10-123; s11-17 (2); s12-1;
s12-2 (4); s12-11
AMYL ALCOHOL ............................2
24 CFR 51: .208 (2) ANALYSTS .......................................1
7417.1 Hbk: s3-18
ANALYSES .....................................32
24 CFR 51: .106 (6); ANALYZE .........................................3
24 CFR 965: .407 (2); 24 CFR 58: .32; .40;
49 CFR 24: .603; 24 CFR 965: .302
HUD-92264: p1; p8 (3); ANALYZED ....................................15
1378.0 Hbk: s5-4; Ap20 (17); 24 CFR 35: .110; .1315;
7417.1 Hbk: s3-78 .1340; .1355 (4);
ANALYSIS ....................................162 24 CFR 965: .404 (4);
24 CFR 35: .110 (3); .1315; HUD-51994: p6 (2);
.1340 (3); HUD-92264: p4; p7
24 CFR 50: .17; .31; ANATOMICAL .................................1
.35 (2); 24 CFR 8: .3
24 CFR 51: .106 (4); ANATOMICAL LOSS ......................1
24 CFR 58: .15 (2); .53; 24 CFR 8: .3
24 CFR 87: .205 (5); .300 (5);
24 CFR 135: .74 (2); ANCHORAGE ...................................2
24 CFR 902: .52; 7417.1 Hbk: s10-20; s10-22
ANCHORING ....................................2

49 CFR 24: .502; HUD-52481: s1; s2; s3 (7);
1378.0 Hbk: s3-8 s5; s9;
ANCILLARY .................................. 11 HUD-52484: p1; p2 (2);
24 CFR 51: .103; .106; .208; HUD-52651-A: p4 (3);
HUD-92264: p2 (2); p4 (6) HUD-52832: p2 (4);
HUD-52834: p1; p2; p3; p4;
ANCILLARY PROJECT INCOME . 1 p5 (6);
HUD-92264: p4 HUD-52835: p1 (15); p2 (2);
ANNIVERSARY .............................. 4 p3 (2); pi (21); pii (4);
24 CFR 943: .124; piii (4);
HUD-53012B: Att6.5; Att6.6 (2) HUD-52840A: p1 (15); p2;
ANNOUNCE ..................................... 1 p3 (8);
24 CFR 135: .9 HUD-53001: p2 (2);
HUD-53009-A: p1 (2);
ANNOUNCED .................................. 5 HUD-53012A: Intro (4); s1;
24 CFR 35: .900; .1000; s2 (2); s3; s17 (2); s23;
24 CFR 905: .10; HUD-53012B: Intro (2);
24 CFR 972: .124; .218 Att1 (5); Att2 (9);
ANNOUNCEMENT ....................... 11 Att4 (2); Att6 Intro (5);
24 CFR 35: .900; .1000; Att6.2 (3); Att6.5 (64);
24 CFR 970: .13; Att6.6 (9); Att6.7 (4);
49 CFR 24: .2; .603; Att6.8 (5); Att6.9 (12);
1378.0 Hbk: s5-3; Att6.11 (2); Att6.12 (7);
7417.1 Hbk: T/C; s7-124; HUD-5370: s1;
s11-29 (3) HUD-92264: p2 (2); p3 (2);
p7 (2);
ANNUAL ...................................... 514 1378.0 Hbk: T/C; s4-5 (9);
24 CFR 35: .100;
s4-6 (3); s7-21 (5);
24 CFR 87: .605 (5);
s7-22 (5); s8-94;
24 CFR 135: .5; .90 (4);
s8-137 (2); Ap7; Ap20 (2);
24 CFR 902: .3; .9; .30;
7417.1 Hbk: T/C (2); s1-1;
.33 (3); .43 (2); .50;
s2-3; s2-6; s3-135 (3);
.67; .75; .79;
s3-136 (3); s3-137 (2);
24 CFR 941: .103; .302;
s3-149; s3-162; s3-167;
24 CFR 943: .115; .128;
s4-12; s5-3; s5-15 (3);
24 CFR 945: .105;
s6-28; s6-29; s7-34 (2);
24 CFR 963: .3; .5 (2);
s7-115
24 CFR 965: .201; .205 (5);
.507 (2); ANNUAL BASIS .............................. 4
24 CFR 968: .101; .102; 24 CFR 902: .9; .33; .43;
.104; .105 (2); .108; 24 CFR 968: .310
.112 (11); .120; .125 (2); ANNUAL CONTRIBUTION ......... 35
.130; .305 (4); .310 (3); 24 CFR 963: .5;
.315 (10); .320 (3); HUD-52481: s3 (3);
.325 (32); .330; .335 (7); HUD-53012B: Att6.2;
24 CFR 969: .101; .103 (3); Att6.5 (22); Att6.6 (2);
.105; Att6.7; Att6.8 (3); Att6.9;
24 CFR 970: .2; Att6.12
24 CFR 971: .13 (2);
24 CFR 972: .100; .109; ANNUAL CONTRIBUTION DATE39
.127; .133 (2); .136; 24 CFR 969: .103 (2);
.139 (2); .206; .209 (3); HUD-53012B: Att6.2;
.212 (2); .221; .227 (2); Att6.5 (25); Att6.6 (6);
.233 (3); .236; Att6.9 (5)
49 CFR 24: .2 (3); .306 (7); ANNUAL CONTRIBUTION DATE39
HUD-2516: p1; 24 CFR 969: .103 (2);
HUD-2530: p3; HUD-53012B: Att6.2;
HUD-50072: p2; p3 (4); p4; Att6.5 (25); Att6.6 (6);
p5; p6; p7 (4); p8 (4); Att6.9 (5)
HUD-52190-A: p1 (8); p2; ANNUAL CONTRIBUTIONS ..... 149
HUD-52190-B: p1 (8); p2; 24 CFR 135: .5;
HUD-52190-C: p1 (8); p2; 24 CFR 902: .3; .67;
HUD-52427: p1; 24 CFR 941: .103; .302;
24 CFR 943: .115; 7417.1 Hbk: T/C (2); s2-3;
24 CFR 945: .105; s3-162; s3-167; s5-15 (3);
24 CFR 963: .3; .5; s6-29; s7-34 (2); s7-115
24 CFR 965: .201; .205; ANNUAL CONTRIBUTIONS
24 CFR 968: .105;
24 CFR 969: .101; .103; CONTRACTED .................................1
24 CFR 970: .2; HUD-53012B: Att6.11
24 CFR 972: .100; .212; ANNUAL CONTRIBUTIONS
HUD-52190-A: p1 (8); p2; CONTRACTS ....................................3
HUD-52190-B: p1 (8); p2; 24 CFR 963: .3;
HUD-52190-C: p1 (8); p2; 24 CFR 970: .2;
HUD-52427: p1; 7417.1 Hbk: s2-6
HUD-52481: s1; s2; s3 (2);
s5; s9; ANNUAL COSTS OF OWNERSHIP1
HUD-52484: p1; 1378.0 Hbk: Ap20
HUD-52540: p2; ANNUAL DEBT SERVICE ..............1
HUD-52840A: p1 (3); HUD-53012B: Att1
HUD-53001: p2;
HUD-53009-A: p1;
ANNUAL FINANCIAL REPORT ....3
24 CFR 902: .30; .33 (2)
HUD-53012A: Intro (4); s1;
s2 (2); s3; s17 (2); s23; ANNUAL FINANCIAL STATEMENT
HUD-53012B: Intro (2); ............................................................1
Att1 (4); Att2 (8); 24 CFR 965: .205
Att4 (2); Att6 Intro (5);
Att6.5 (17); Att6.6;
ANNUAL FORMULA ALLOCATION
Att6.7 (3); Att6.8 (2); ............................................................3
Att6.9 (5); Att6.11 (2); 24 CFR 968: .104; .112 (2)
Att6.12 (6); ANNUAL FUNDING ALLOCATION
HUD-5370: s1;
1378.0 Hbk: s8-137 (2); ............................................................1
7417.1 Hbk: T/C (2); s1-1; 24 CFR 968: .310
s2-3; s2-6; s3-135 (2); ANNUAL GRANT ..........................14
s3-136 (2); s3-137 (2); 24 CFR 968: .112 (3); .325;
s3-162; s3-167; s5-15 (3); .335 (2);
s6-29; s7-34 (2); s7-115 HUD-52834: p5 (3);
ANNUAL CONTRIBUTIONS HUD-52837: p1; pi (3); piii
CONTRACT ....................................74 ANNUAL GRANT AMOUNT ..........1
24 CFR 135: .5; HUD-52837: pii
24 CFR 902: .3; .67; ANNUAL GRANT FUNDS ..............1
24 CFR 941: .103; .302; 24 CFR 968: .335
24 CFR 943: .115; ANNUAL GRANT FUNDS ..............1
24 CFR 945: .105; 24 CFR 968: .335
24 CFR 963: .5;
24 CFR 965: .201; .205; ANNUAL GROSS INCOME ............7
24 CFR 968: .105; 49 CFR 24: .2;
24 CFR 969: .101; 1378.0 Hbk: T/C; s4-5;
24 CFR 972: .100; .212; s7-21; s7-22 (3)
HUD-52190-A: p1 (8); p2; ANNUAL GROSS RECEIPTS ..........2
HUD-52190-B: p1 (8); p2; 49 CFR 24: .2;
HUD-52190-C: p1 (8); p2; 1378.0 Hbk: s4-5
HUD-52427: p1 (2); ANNUAL INCOME ..........................6
HUD-52540: p2; HUD-52651-A: p4 (2);
HUD-52840A: p1 (3); 1378.0 Hbk: s7-21 (4)
HUD-53001: p2;
HUD-53009-A: p1; ANNUAL INSPECTION ...................4
HUD-53012A: Intro (4); s1; 24 CFR 902: .43;
s2; HUD-50072: p2; p3 (2)
HUD-53012B: Intro (2); ANNUAL INSTALLMENTS ............1
Att4 (2); HUD-53012B: Att6.2
HUD-5370: s1; ANNUAL NET EARNINGS ...........13
1378.0 Hbk: s8-137 (2); 49 CFR 24: .2; .306 (5);
1378.0 Hbk: s4-5 (6); Ap7

ANNUAL PERFORMANCE REPORT 24 CFR 972: .100; .106;
HUD-50072: p1;
........................................................... 3 HUD-52834: p5;
24 CFR 135: .90 (3) HUD-52842: p3;
ANNUAL PREMIUMS .................... 1 HUD-53012B: Att6.5 (4);
24 CFR 965: .205 HUD-5369: s10 (2);
ANNUAL REAL CAPITAL COST .. 2 7417.1 Hbk: s3-171; s3-172;
24 CFR 971: .13 (2) s4-12
ANNUAL REVIEW .......................... 1 ANNUITIES ...................................... 1
24 CFR 965: .507 1378.0 Hbk: s7-21
ANNUAL REVIEWS ....................... 1 ANNUNCIATOR .............................. 1
24 CFR 965: .507 4910.1 Hbk: s100-2
ANNUAL REVISION....................... 1 ANODES ........................................... 2
24 CFR 968: .315 4910.1 Hbk: s602-1 (2)
ANNUAL STATEMENT ............... 70 ANSI ................................................ 27
24 CFR 968: .101; .105; 24 CFR 51: .106;
.108; .112 (2); .120; 1378.0 Hbk: s1-7;
.125; .130; .305 (3); 4910.1 Hbk: s508-6 (3);
.315 (2); .320 (2); s611-1 (2); s614-1; ApA;
.325 (5); .330; .335 (3); ApB; ApC (5); ApE (5);
HUD-52834: p1; p2; p3; p4; ApH; ApI; ApK (5)
HUD-52835: p1 (10); p2 (2); ANSWER QUESTIONS ................... 1
p3 (2); pi (8); pii (3); 7417.1 Hbk: s12-2
piii (3); ANTENNA ........................................ 1
HUD-52840A: p1 (6); p2; HUD-5087: s16
p3 (4);
HUD-53001: p2; ANTICIPATE.................................... 2
1378.0 Hbk: s8-94; HUD-52832: p2 (2)
7417.1 Hbk: s4-12 ANTICIPATED ............................... 68
ANNUAL STATEMENT/FIVE-YEAR 24 CFR 51: .106; .200; .205;
24 CFR 55: .25;
........................................................... 1 24 CFR 58: .47; .53;
24 CFR 968: .125 24 CFR 135: .9; .38;
ANNUAL 24 CFR 941: .304; .606;
STATEMENT/PERFORMANCE ..... 3 24 CFR 943: .150;
HUD-52837: pi; 24 CFR 945: .203;
HUD-52842: p3 (2) 24 CFR 965: .305;
24 CFR 969: .106 (3);
ANNUAL STATEMENT/REVISION1 49 CFR 24: .2; .205; .304;
HUD-52837: p1 HUD-51915: E1.12;
ANNUAL STATEMENTS ............... 1 HUD-51975-A: s1.12;
24 CFR 968: .335 HUD-51971: p3 (2);
HUD-52484: p4;
ANNUAL SUBMISSION ............... 40 HUD-52651-A: p7; p8;
24 CFR 968: .102; .112 (3);
HUD-52833: p2;
.305; .310; .315 (6);
HUD-53012B: Att5.10 (3);
.325 (24);
HUD-5369: s12;
HUD-52834: p5;
HUD-5370: s40; s46a (2);
HUD-52835: p1;
s46c (3);
HUD-52837: pi (2)
HUD-5372: p1; p2 (7);
ANNUAL SUBMISSION-- .............. 1 1378.0 Hbk: s1-20; s3-4.;
24 CFR 968: .325 s4-3; s7-21; s8-192;
ANNUAL-FY .................................... 1 s8-195;
HUD-2516: p1 4910.1 Hbk: s305;
7417.1 Hbk: s3-16; s3-19 (2);
ANNUALLY ................................... 30 s3-75; s3-179; s5-12;
24 CFR 35: .300; .715; .720;
s5-25; s6-24; s6-25;
24 CFR 902: .33; .71;
s7-25; s10-13; s10-26;
24 CFR 965: .205; .507;
s10-27; s10-28; s10-30;
24 CFR 968: .305; .315 (3);
s10-104
.325 (3); .335;
24 CFR 971: .7;
ANTICIPATED ACC EXPIRATION APPEAL .........................................200
DATE .................................................3 24 CFR 42: .390 (2);
24 CFR 969: .106 (3) 24 CFR 135: .76 (2);
24 CFR 902: .35 (2); .63;
ANTICIPATED COMPLETION DATE .68; .69 (24);
............................................................1 24 CFR 941: .207 (2); .501;
7417.1 Hbk: s10-13 24 CFR 968: .103; .108 (2);
ANTICIPATED DATE ......................7 .310 (12); .325 (3);
24 CFR 135: .38; .335 (2);
HUD-51915: E1.12; 24 CFR 970: .5 (2); .13 (4);
HUD-51975-A: s1.12; 24 CFR 972: .130; .230;
HUD-5370: s40; 49 CFR 24: .10 (15); .203;
7417.1 Hbk: s5-25; s10-26; .603;
s10-104 HUD-53012A: s17;
HUD-53012B: Att5.1 (2);
ANTICIPATED INTEREST RATE ..1 HUD-5370: s31 (3);
7417.1 Hbk: s10-28 HUD-5370-C: s3;
ANTICIPATED TO BE RECEIVED 1 HUD-92264: p1; p3 (2); p7;
1378.0 Hbk: s7-21 1378.0 Hbk: T/C (20); s1-8;
s1-31; s1-33 (27);
ANTICIPATES ..................................2 s2-3 (2); s6-2 (2); s6-3;
24 CFR 972: .109; .236
s7-17 (2); s8-6 (2);
ANTICIPATING ................................1 s8-26 (2); s8-37 (2);
24 CFR 51: .101 s8-48 (2); s8-57 (2);
ANTICIPATION ................................2 s8-66 (2); s8-76 (2);
1378.0 Hbk: s8-83; s8-88 (2); s8-98 (2);
7417.1 Hbk: s3-123 s8-105 (2); s8-116 (3);
s8-126 (2); s8-136 (2);
ANTICRIME ......................................2 s8-148 (2); s8-154 (2);
24 CFR 902: .43 (2)
s8-166 (2); s8-175 (2);
ANTICRIME STRATEGIES .............2 s8-187 (2); s8-196 (2);
24 CFR 902: .43 (2) s8-216 (2); s8-224 (2);
ANY OTHER ENTITY .....................3 Ap1; Ap8 (2); Ap9 (2);
24 CFR 8: .3; 7417.1 Hbk: s3-113;
24 CFR 902: .7; s3-128 (2); s3-150; s3-163
24 CFR 941: .606 APPEAL OF TROUBLED
ANYWHERE .....................................1 DESIGNATION .................................3
1378.0 Hbk: Ap2 24 CFR 902: .69 (3)
APARTMENT ...................................9 APPEAL POINT DEDUCTIONS .....1
24 CFR 965: .401; 24 CFR 902: .35
HUD-2530: p3;
HUD-5087: s15;
APPEAL PROCESS ..........................1
24 CFR 902: .63
1378.0 Hbk: Ap2 (2); Ap4 (3);
Ap24 APPEALED .......................................5
49 CFR 24: .10 (2);
APARTMENTS .................................7 HUD-5369-B: s8;
24 CFR 35: .86; .110;
1378.0 Hbk: s1-33 (2)
HUD-5087: Intro (2); s8;
4910.1 Hbk: s607-1; APPEALING ......................................2
7417.1 Hbk: s3-174 49 CFR 24: .207;
1378.0 Hbk: s2-7
APPARENT .....................................14
24 CFR 902: .79 (2); APPEALS.........................................30
HUD-51915: E1.7 (2); 24 CFR 42: .390;
HUD-51975-A: s1.7 (2); 24 CFR 58: .18;
HUD-53012A: s17; 24 CFR 135: .76;
HUD-5369: s8 (3); 24 CFR 902: .69; .79;
HUD-5369-A: s4 (2); 24 CFR 941: .207;
HUD-5369C: s5 (2) 24 CFR 968: .108; .310 (3);
24 CFR 970: .5; .13;
APPARENT FRAUD .........................3 49 CFR 24: .10 (2); .603;
24 CFR 902: .79 (2);
HUD-53012A: s17 (2);
HUD-53012A: s17
HUD-5370: s31; s45 (2);

HUD-5370-C: s7 (2); HUD-5370-C: s13a;
1378.0 Hbk: T/C (3); 1378.0 Hbk: Intro (14); T/C;
s1-33 (2); s7-17; s8-216; s1-3 (2); s1-8; s2-1;
7417.1 Hbk: s1-6 s2-3 (3); s2-5 (2); s2-6;
APPEAR ............................................ 7 s3-2 (2); s3-3 (2); s3-4.;
24 CFR 50: .2; .34; s3-7; s4-2; s4-3; s4-5;
49 CFR 24: .208; s5-1; s5-2; s5-3;
HUD-51000: p2; s6-3 (2); s7-16 (3);
HUD-5369-A: s6; s8-141 (2); Ap1; Ap2 (2);
HUD-5370: s36; Ap3 (2); Ap4 (2); Ap5 (3);
4910.1 Hbk: s508-6 Ap6 (3); Ap7 (2); Ap8;
Ap9; Ap10 (2); Ap11;
APPEARANCE ................................. 9 Ap12; Ap13; Ap14; Ap15;
24 CFR 87: .105; Ap16; Ap17; Ap18; Ap18a;
24 CFR 902: .23; .53; Ap18b; Ap19 (2); Ap20 (12);
24 CFR 941: .600; .608; Ap21 (2); Ap22 (2);
HUD-5370-C: s13a; Ap23 (2); Ap24; Ap25 (4);
HUD-92264: p3; Ap26 (3); Ap27; Ap28 (2);
1378.0 Hbk: s5-9; Ap29;
7417.1 Hbk: s3-15 4910.1 Hbk: Front (11);
APPEARANCE OF PREJUDICE ..... 1 T/C (11); Intro; s100-2;
7417.1 Hbk: s3-15 s102-1; s508-1 (2); s508-2;
APPEARANCES ............................... 1 s509-1; s509-3; s607-1;
7417.1 Hbk: s3-15 s608-4; Idx (12); ApA (2);
ApB; ApC (3); ApD (2);
APPEARED ...................................... 1 ApE (4); ApF (2); ApG;
1378.0 Hbk: Intro ApH (2); ApI (3); ApJ;
APPEARING ..................................... 1 ApK (5);
1378.0 Hbk: Ap20 7417.1 Hbk: T/C; s1-1
APPEARS........................................ 10 APPLIANCE ..................................... 1
HUD-2530: p4; 4910.1 Hbk: ApE
HUD-52190-A: p2 (3); APPLIANCES ................................. 13
HUD-53012B: Att5.16 (2); 24 CFR 8: .21;
Att6.7; 24 CFR 51: .101 (2);
1378.0 Hbk: s1-21; s8-47; 24 CFR 902: .25;
Ap20 24 CFR 965: .405; .501;
APPENDICES ................................. 35 .505 (2); .506;
1378.0 Hbk: Intro; T/C; 49 CFR 24: .301;
s1-1 (2); s1-31; s2-3; HUD-51994: p8;
s2-5; s2-6; s2-7; 1378.0 Hbk: s3-2;
s6-2 (2); s7-16; 7417.1 Hbk: s3-137
4910.1 Hbk: Front; T/C; APPLICABLE POLICIES ................ 1
Intro; s103 (2); s513-1; 1378.0 Hbk: s2-4
ApI (8); ApK (7);
7417.1 Hbk: Front (2) APPLICABLE POLICY ................... 1
1378.0 Hbk: s3-8
APPENDIX ................................... 231
24 CFR 8: .2 (2); .4; APPLICABLE PROGRAM
24 CFR 51: .103 (3); .106; REQUIREMENTS ............................ 1
.201; .203; .207; 7417.1 Hbk: s4-26
.208 (2); APPLICABLE SITE ......................... 4
24 CFR 87: .100 (4); .105; 24 CFR 941: .207;
.400; .600; .605 (2); 1378.0 Hbk: s8-43; s8-85;
24 CFR 135: .32; .92 (2); 7417.1 Hbk: s3-125
24 CFR 902: .24 (2); .43 (2);
24 CFR 968: .103; APPLICANT ................................... 55
24 CFR 971: .3; .5; .13; 24 CFR 8: .3 (2); .27 (4);
24 CFR 972: .124; .127; .50 (2);
.218; 24 CFR 50: .3 (2); .32 (2);
49 CFR 24: .2 (3); .3; .9; 24 CFR 135: .5; .9 (4);
.101; .306; .307; 24 CFR 902: .43;
.401 (2); .402; .403; HUD-50070: p1 (8);
.404; .603 (5); HUD-52825: pi;
HUD-52832: p2 (2); 24 CFR 135: .5; .9 (4);
HUD-52834: p5; .74 (2); .92 (2);
HUD-52835: p1; 24 CFR 902: .25 (2);
HUD-52837: pi; 24 CFR 905: .10 (4);
HUD-53012A: s12; 24 CFR 941: .301 (2);
HUD-5370: s39; 24 CFR 945: .203; .301;
HUD-5370-C: s14; s18 (3); 24 CFR 965: .205;
1378.0 Hbk: s1-8 (3); 24 CFR 968: .102; .103 (8);
s6-2 (3); s8-43 (2); s8-62; .108; .112 (8); .210;
s8-127; s8-137; s8-147; .215 (2); .225 (2);
s8-150; s8-155; Ap20; 24 CFR 970: .1; .4 (3); .5;
7417.1 Hbk: s3-48; s7-44 .6; .8 (4); .11 (23);
APPLICANT/GRANTEE ..................1 .13 (8);
HUD-52825: pi 24 CFR 971: .7;
24 CFR 972: .112 (2); .130;
APPLICANT/SPONSOR ...................1 .206; .230 (2);
1378.0 Hbk: s1-12 49 CFR 24: .2; .10; .203;
APPLICANT FOR ASSISTANCE ....1 .401; .402; .602 (4);
24 CFR 8: .3 HUD-2530: p1 (2); p3 (7);
APPLICANT ON A WAITING LIST1 p4 (2);
24 CFR 8: .3 HUD-5087: s7; s15 (2);
HUD-52820-C: p1 (2);
APPLICANT SCREENING ..............1 HUD-52837: pi;
24 CFR 902: .43 HUD-53012A: s9;
APPLICANTS ..................................42 HUD-53012B: Att3 (2);
24 CFR 8: .2; .25; Att4 (2); Att5.11;
24 CFR 50: .3; .4; HUD-5369: s8 (2);
24 CFR 51: .101; .102 (3); HUD-5370: s20; s29;
24 CFR 135: .9; .36; .38; HUD-5370-C: s13b (4);
24 CFR 945: .203 (3); HUD-92264: p1; p7;
HUD-2530: p4; 1378.0 Hbk: T/C (7); s1-8 (2);
HUD-50072: p3 (3); s3-3; s3-4.; s4-5;
HUD-51915: E1.12; s6-2 (2); s7-7 (6);
HUD-51975-A: s1.12; s8-3 (5); s8-8; s8-23 (2);
HUD-53012A: s12 (2); s8-28; s8-34 (3);
HUD-5370: s39 (4); s40; s8-43 (3); s8-49;
HUD-5370-C: s14 (4); s18; s8-53 (2); s8-56 (2);
1378.0 Hbk: s8-72 (4); s8-58; s8-64 (3);
Ap20 (3); s8-74 (5); s8-77; s8-83;
7417.1 Hbk: s3-45; s3-48; s8-94; s8-114; s8-124 (3);
s5-23 s8-134 (5); s8-142;
s8-145 (2); s8-146 (2);
APPLICANT'S .................................10 s8-147 (6); s8-150;
24 CFR 50: .3 (2); .17 (2);
s8-152 (3); s8-153;
.22; .32;
s8-164 (3); s8-167; s8-173;
24 CFR 135: .9;
s8-185; s8-194 (3);
HUD-2530: p4;
Ap1 (4); Ap2 (2); Ap25;
HUD-50070: p1 (2)
Ap29 (2);
APPLICANTS' ...................................1 4910.1 Hbk: c1 (2); s102-1;
24 CFR 51: .102 s609-3 (3); Idx (4); ApC;
APPLICATION ..............................423 ApE (4); ApI (5); ApK;
24 CFR 8: .3 (3); .32; 7417.1 Hbk: Front; T/C (8);
24 CFR 35: .100 (2); .105; s1-2; s1-3; s2-5 (2);
.110 (2); .610; .1135 (2); s2-6 (2); s3-73; s3-136;
.1330; s3-143; c4; s4-1 (3);
24 CFR 40: .3 (2); .4; s4-2 (10); s4-11;
24 CFR 42: .305 (2); s4-12 (9); s4-13 (2);
24 CFR 50: .3; .19; .32; s4-14; s4-21 (3);
24 CFR 51: .202; .205 (2); s4-22 (22); s4-23 (5);
.207; s4-24 (2); s4-25 (3);
24 CFR 55: .12; s4-26 (3); s4-27 (5);
24 CFR 58: .22; s4-28 (2); s4-29 (20);
24 CFR 87: .200; .205; .300; s4-30 (8); s5-1; s5-3;

s5-11 (6); s5-12 (2); APPLICATION PROPOSING .......... 4
s5-13 (4); s5-14 (4); 24 CFR 970: .11 (4)
s5-15; s5-16; s5-21;
s7-33; s7-44 (2); s7-52; APPLICATION PROVIDES ............ 2
s7-126 7417.1 Hbk: s4-2 (2)
APPLICATION APPROVABILITY 2 APPLICATION RATING ................. 1
7417.1 Hbk: Front; s4-29 7417.1 Hbk: T/C
APPLICATION APPROVABLE-NOT APPLICATION REVIEW .............. 10
7417.1 Hbk: T/C; s4-1;
........................................................... 1 s4-14; s4-22 (2); s4-25;
7417.1 Hbk: s4-30 s4-26; s4-28; s7-33;
APPLICATION APPROVAL ........... 1 s7-44
1378.0 Hbk: s8-83 APPLICATION REVIEW DATE ..... 6
APPLICATION APPROVAL LETTER 7417.1 Hbk: s4-22 (3); s4-23;
........................................................... 1 s4-24; s4-27
7417.1 Hbk: s4-12 APPLICATION REVIEW DATE ..... 6
APPLICATION APPROVED ........... 1 7417.1 Hbk: s4-22 (3); s4-23;
7417.1 Hbk: s4-30 s4-24; s4-27
APPLICATION FOR ASSISTANCE22 APPLICATION REVIEW DATES .. 1
24 CFR 8: .3 (2); 7417.1 Hbk: s4-22
24 CFR 42: .305; APPLICATION REVIEW DATES .. 1
24 CFR 51: .202; 7417.1 Hbk: s4-22
49 CFR 24: .10; .203; APPLICATION REVIEW DEADLINE
1378.0 Hbk: s1-8; s6-2;
s7-7 (3); s8-3 (4); s8-34; ........................................................... 2
s8-53; s8-64; s8-74 (2); 7417.1 Hbk: s4-25; s4-26
s8-185; s8-194 APPLICATION SELECTION .......... 2
APPLICATION FOR CONVERSION1 7417.1 Hbk: T/C; s5-11
24 CFR 968: .112 APPLICATION TRACKING ........... 1
APPLICATION FOR DEMOLITION 7417.1 Hbk: s4-22
OR DISPOSITION .......................... 10 APPLICATIONS ............................. 59
24 CFR 970: .1; .4 (2); 24 CFR 8: .32; .50;
.11 (4); .13 (2); 24 CFR 51: .202; .204;
24 CFR 972: .206 24 CFR 135: .9; .38;
.92 (2);
APPLICATION FOR LOAN 24 CFR 941: .606;
ASSISTANCE ................................... 1 24 CFR 970: .4; .11; .13;
24 CFR 42: .305 HUD-2530: p3 (2);
APPLICATION KIT ......................... 1 HUD-51915: E1.12;
24 CFR 135: .9 HUD-51975-A: s1.12;
HUD-5370: s40;
APPLICATION PIPELINE............... 6 1378.0 Hbk: s8-27; s8-72;
7417.1 Hbk: T/C; s4-2 (2); 4910.1 Hbk: ApE;
s4-22; s5-1; s5-3 7417.1 Hbk: s1-2; s1-5;
APPLICATION PREPARATION .... 2 s3-113; s3-163; s4-2 (2);
7417.1 Hbk: T/C; s4-12 s4-11; s4-12 (5); s4-22;
APPLICATION PROCEDURES ...... 2 s4-24; s4-29 (7); s5-1;
24 CFR 945: .301; s5-11 (10); s5-13; s5-14;
49 CFR 24: .602 s7-44; s7-127 (2); s9-103;
s10-132
APPLICATION PROCESS............... 2
24 CFR 135: .92 (2) APPOINTED ..................................... 8
24 CFR 87: .105;
APPLICATION PROCESSING ....... 1 24 CFR 902: .7; .77 (2);
HUD-92264: p7 24 CFR 968: .103;
APPLICATION PROCESSING STAGE HUD-53012A: s20;
HUD-5370-C: s13a;
........................................................... 1 7417.1 Hbk: s2-5
HUD-92264: p1
APPLICATION PROPOSES ............ 2 APPOINTING ................................... 2
24 CFR 902: .75; .79
7417.1 Hbk: s4-29 (2)
APPOINTING AUTHORITIES ........1 49 CFR 24: .401;
24 CFR 902: .75 1378.0 Hbk: s3-3
APPOINTING AUTHORITY............1 APPRAISAL IS NOT REQUIRED ...6
24 CFR 902: .79 24 CFR 35: .610;
49 CFR 24: .102;
APPOINTMENT ................................8 1378.0 Hbk: s5-1 (2); s8-87;
24 CFR 87: .105; 7417.1 Hbk: s3-127
24 CFR 902: .75; .77 (2);
.83 (2); APPRAISAL IS UNNECESSARY ...1
HUD-5370-C: s13a; 49 CFR 24: .102
7417.1 Hbk: s2-5 APPRAISAL PRACTICE ..................4
APPOINTMENTS .............................1 49 CFR 24: .103;
24 CFR 902: .77 HUD-92264: p1; p8;
1378.0 Hbk: s5-3
APPORTION .....................................2
24 CFR 968: .112; APPRAISAL PRACTICES................2
1378.0 Hbk: Ap20 49 CFR 24: .103;
1378.0 Hbk: s5-3
APPORTIONED ................................1
7417.1 Hbk: s5-3 APPRAISAL PRICE ..........................1
7417.1 Hbk: s3-15
APPORTIONMENT ..........................4
1378.0 Hbk: Ap20 (3); APPRAISAL RECORDS ...................1
7417.1 Hbk: s5-3 7417.1 Hbk: s7-92
APPRAISAL ..................................253 APPRAISAL REPORT ....................34
24 CFR 35: .610; 49 CFR 24: .603;
24 CFR 50: .17; HUD-92264: p1 (2);
24 CFR 941: .303 (2); 1378.0 Hbk: s6-3; Ap20 (23);
.304 (2); 7417.1 Hbk: Front; s7-95 (2);
24 CFR 970: .8 (3); .13; s8-4; s8-8 (2); s8-63
24 CFR 972: .218 (3); APPRAISAL REPORTS....................8
49 CFR 24: .2 (2); .102 (11); 49 CFR 24: .104;
.103 (22); .104 (6); .105; HUD-92264: p8;
.107; .108; .401; 1378.0 Hbk: s5-4; Ap20 (4);
.603 (8); 7417.1 Hbk: s8-63
HUD-2516: p1 (2); p2; APPRAISAL REQUIREMENTS ......2
HUD-52484: p5; 49 CFR 24: .104;
HUD-52651-A: p6; p8; 1378.0 Hbk: s5-4
HUD-53012B: Att5.1;
HUD-92264: p1 (6); p5; APPRAISAL REVIEW PROCESS ...2
p7 (4); p8 (2); 49 CFR 24: .104;
1378.0 Hbk: Intro; T/C; 1378.0 Hbk: s5-4
s3-3 (3); s5-1 (2); APPRAISAL SERVICES ................12
s5-2 (13); s5-3 (25); 1378.0 Hbk: s5-3; Ap20;
s5-4 (8); s5-5; s5-7; 7417.1 Hbk: Front (2);
s5-8; s6-3; s8-36; s8-87; s3-15 (6); s7-92 (2)
s8-231; Ap18b; Ap19 (2); APPRAISAL SERVICES/FEE ..........1
Ap20 (49); Ap23; 7417.1 Hbk: s7-95
7417.1 Hbk: Front (3); s1-5;
s3-15 (16); s3-78; s3-127; APPRAISAL SERVICES/FEE
s6-2; s7-92 (5); s7-95 (8); APPRAISER ......................................1
s7-99; s7-122; s8-4; 7417.1 Hbk: s7-92
s8-8 (3); s8-63 (4); s8-73;
s9-64; s9-73; s9-82;
APPRAISAL STANDARDS .............6
49 CFR 24: .103 (2);
s10-85; s10-103; s10-112;
1378.0 Hbk: s5-3 (2); Ap20 (2)
s11-17
APPRAISAL ASSIGNMENT ...........4 APPRAISALS ..................................44
49 CFR 24: .102; .103 (2);
49 CFR 24: .103 (2); .603;
.104 (2); .207; .603 (4);
1378.0 Hbk: s5-3
HUD-52484: p2; p5 (2);
APPRAISAL DOCUMENTATION ..2 HUD-53012B: Att5.1 (2);
49 CFR 24: .104; HUD-92264: p7; p8;
1378.0 Hbk: s5-4
APPRAISAL FEES ............................2

1378.0 Hbk: T/C (2); s2-7; APPRAISING.................................... 4
s5-2; s5-3 (4); s5-4 (2); 1378.0 Hbk: Ap20 (2);
s5-9; s8-36; Ap20 (9); 7417.1 Hbk: s7-96; s7-98
7417.1 Hbk: T/C (2);
s7-95 (2); s7-122; s8-63 APPRENTICE ................................. 13
24 CFR 965: .101 (4);
APPRAISE ........................................ 5 HUD-5370: s46b; s46c;
49 CFR 24: .103; .603; s46d (6); s48
1378.0 Hbk: s5-2; s5-3; Ap20
APPRENTICE WAGE RATE .......... 4
APPRAISED ................................... 51 24 CFR 965: .101 (2);
24 CFR 968: .112; HUD-5370: s46d; s48
24 CFR 970: .13;
49 CFR 24: .102; .103 (4); APPRENTICES ............................... 14
.603 (2); 24 CFR 135: .11 (2);
HUD-92264: p1; p7; 24 CFR 968: .112;
1378.0 Hbk: s5-2; s5-3 (4); HUD-5370: s46b; s46c (2);
s5-8; s5-9; Ap20 (20); s46d (8)
7417.1 Hbk: s3-78; s6-26; APPRENTICE'S ................................ 1
s7-96; s7-97; s7-101; HUD-5370: s46d
s7-122; s8-5 (3); APPRENTICESHIP ........................ 37
s8-62 (2); s8-65; s8-73 24 CFR 135: .11 (9); .38;
APPRAISED VALUE ..................... 15 24 CFR 963: .10;
24 CFR 968: .112; 24 CFR 965: .101 (4);
24 CFR 970: .13; HUD-51915: E1.12;
7417.1 Hbk: s3-78; s6-26; HUD-51975-A: s1.12;
s7-96; s7-97; s7-101; HUD-53012A: s12;
s7-122; s8-5 (3); HUD-5370: s39; s40; s46c;
s8-62 (2); s8-65; s8-73 s46d (12); s48 (2);
APPRAISER.................................. 192 HUD-5370-C: s14;
24 CFR 50: .19; 1378.0 Hbk: Ap20
24 CFR 941: .303; .304; APPROPRIATE ACTION .............. 11
49 CFR 24: .2; .102; 24 CFR 58: .22;
.103 (8); .104 (3); 24 CFR 135: .38;
.603 (4); 24 CFR 902: .73;
HUD-92264: p1; p8 (6); 24 CFR 905: .10;
1378.0 Hbk: Intro; s3-3; 24 CFR 965: .205;
s5-2 (3); s5-3 (8); HUD-51915: E1.12;
s5-4 (4); s6-3; s8-36; HUD-51975-A: s1.12;
Ap19; Ap20 (106); HUD-5370: s9; s40;
7417.1 Hbk: Front; s3-15 (10); HUD-5370-C: s18;
s3-19; s7-92 (8); 1378.0 Hbk: s1-33
s7-94 (2); s7-95 (8); APPROPRIATE ACTIONS .............. 3
s7-98; s7-99 (2); 24 CFR 41: .5;
s7-122 (2); s8-4 (2); s8-8; 24 CFR 971: .13;
s8-63 24 CFR 972: .139
APPRAISER/REVIEW ..................... 1 APPROPRIATE ASSURANCES ..... 1
24 CFR 50: .19 49 CFR 24: .4
APPRAISERS ................................. 29 APPROPRIATE COURSE OF ACTION
49 CFR 24: .103 (4); .603 (2);
HUD-52484: p5; ........................................................... 1
HUD-92264: p8; 24 CFR 971: .13
1378.0 Hbk: Intro; s5-2 (2); APPROPRIATE DOCUMENT......... 1
s5-3 (7); 24 CFR 969: .104
7417.1 Hbk: T/C; s3-15 (5);
s6-4; s7-92 (3); s8-63
APPROPRIATE DOCUMENTATION
APPRAISER'S................................. 53 ........................................................... 2
24 CFR 40: .6;
49 CFR 24: .102; .103 (2);
24 CFR 902: .69
.104; .603 (3);
1378.0 Hbk: s5-2 (2); APPROPRIATE FOR THE INTENDED
s5-3 (2); s5-4 (4); USE.................................................... 1
s6-3 (2); Ap20 (36) 7417.1 Hbk: s6-43
APPROPRIATE IN THE 24 CFR 968: .335
COMMUNITY ...................................1 APPROVABILITY ............................7
24 CFR 941: .203 7417.1 Hbk: Front; s4-25;
s4-29 (5)
APPROPRIATE PROCEDURES ......1
24 CFR 58: .4 APPROVABLE ................................26
24 CFR 941: .608; .612;
APPROPRIATE PROOF ...................1 24 CFR 968: .320; .325;
24 CFR 902: .25 1378.0 Hbk: s8-124;
APPROPRIATE REMEDIES ............1 7417.1 Hbk: s4-2; s4-21 (2);
24 CFR 58: .72 s4-22 (2); s4-29 (8);
APPROPRIATE SAFEGUARDS ......2 s4-30 (3); s6-4; s7-1;
24 CFR 42: .350; s7-34; s7-114; s11-17
1378.0 Hbk: s7-16 APPROVABLE APPLICATION ......1
APPROPRIATE STEPS ....................2 7417.1 Hbk: s4-2
24 CFR 972: .139; APPROVABLE APPLICATIONS ....3
HUD-52484: p4 7417.1 Hbk: s4-29 (3)
APPROPRIATED ............................27 APPROVABLE-NOT ........................1
24 CFR 58: .1; 7417.1 Hbk: s4-30
24 CFR 87: .100 (2); .110; APPROVAL ...................................708
.200; .205; .300; 24 CFR 8: .25;
.605 (2); 24 CFR 35: .165 (3); .1135;
24 CFR 905: .120; .1340;
HUD-50071: p1 (2); 24 CFR 41: .3; .4;
HUD-51915: E1.11 (2); 24 CFR 50: .2; .3 (2); .16;
HUD-51975-A: s1.11 (2); .17 (9); .19 (10); .22 (2);
HUD-53012B: Att6.11 (2); .36;
HUD-5369-A: s3 (2); 24 CFR 51: .103; .104 (3);
HUD-5370: s43 (2); .106 (3); .202; .304;
HUD-5370-C: s13b (4); 24 CFR 55: .1 (3); .10 (2);
1378.0 Hbk: s8-47 .11; .12 (5); .20; .22;
APPROPRIATES ...............................1 .24; .25 (4); .26;
1378.0 Hbk: s8-47 24 CFR 58: .1; .2 (2);
APPROPRIATION ............................6 .4 (3); .6; .22 (4); .34;
24 CFR 58: .1; .35 (3); .75; .77 (2);
24 CFR 87: .105; 24 CFR 902: .43 (2); .50 (2);
24 CFR 905: .10; .51 (2); .71; .73 (2);
24 CFR 968: .103; .315; .320 24 CFR 905: .10; .120;
24 CFR 941: .101 (4); .102;
APPROPRIATION ACT ...................3 .103; .205 (5); .207 (3);
24 CFR 58: .1; .301 (2); .302 (2);
24 CFR 905: .10; .303 (4); .304 (2); .305;
24 CFR 968: .103 .306; .404 (2); .501;
APPROPRIATION OF FUNDS ........2 .602 (3); .606 (2);
24 CFR 968: .315; .320 .608 (2); .610 (3);
24 CFR 945: .105; .201;
APPROPRIATIONS ........................19 .203 (13); .205 (9);
24 CFR 35: .115 (3); .725;
.308 (2); .502;
24 CFR 51: .101;
24 CFR 968: .101 (2); .102;
24 CFR 58: .1 (4);
.112 (3); .120; .125 (2);
24 CFR 87: .600 (2);
.135 (9); .145; .205;
24 CFR 965: .205 (2);
.210; .215; .225 (3);
24 CFR 968: .335;
.235 (3); .305 (2);
24 CFR 970: .4;
.315 (2); .320 (4);
24 CFR 971: .1;
.325 (5); .335 (2); .422;
24 CFR 972: .121;
.428;
1378.0 Hbk: s8-145; Ap25
24 CFR 969: .104; .105;
APPROPRIATIONS ACT .................5 .107 (2);
24 CFR 58: .1 (4); 24 CFR 970: .1; .2 (2);
24 CFR 972: .121 .4 (2); .5 (3); .6; .7;
APPROPRIATIONS ACTS ...............2 .8 (5); .9; .11 (10);
24 CFR 58: .1; .12 (4); .13; .14;

24 CFR 971: .7; s5-11 (3); s5-13 (2);
24 CFR 972: .109 (3); s5-14 (4); s5-15; s5-22;
.130 (2); .212 (3); .224; s5-25; s6-2 (7); s6-4;
.230; .236 (3); s6-5 (2); s6-6; s6-24 (6);
49 CFR 24: .102; .104 (2); s6-29; s6-30 (3); s6-38;
.603 (4); s6-39; s6-44; s7-2;
HUD-2516: p1 (3); p2 (2); s7-4 (4); s7-21; s7-25;
p3 (4); p4; s7-26; s7-27; s7-32;
HUD-50072: p2 (2); s7-43; s7-44 (6); s7-45;
HUD-51000: p1; p2; s7-52; s7-77; s7-92;
HUD-51001: p1 (4); s7-93; s7-102; s7-113;
HUD-51915: A1.2 (6); A1.3 (3); s7-115 (3); s7-122 (3);
C1.3; C1.5 (3); D1.2; s7-123 (2); s7-124 (2);
D1.8; E1.7; s7-125 (4); s8-2; s8-3;
HUD-51975-A: s1.7; s8-4; s8-7; s8-32; s8-42;
HUD-51971: p3 (2); s8-52; s8-71; s8-73 (3);
HUD-52190-A: p1 (7); p3; s8-82; s8-83; s9-2 (2);
p4 (2); p5; s9-3 (3); s9-4 (2);
HUD-52651-A: p6 (7); p7 (5); s9-5 (3); s9-11 (2); s9-33;
p8; s9-41; s9-42 (2);
HUD-52820-C: p1 (4); p2 (2); s9-43 (2); s9-52; s9-62;
pi (4); pii; piii (5); s9-92; s9-101; s9-102 (2);
HUD-52832: p1 (6); pi (4); s10-2 (4); s10-3 (4);
pii (5); piii (4); s10-4 (3); s10-13 (2);
HUD-52840A: p1 (2); p3 (5); s10-25; s10-29; s10-30 (3);
HUD-53001: p1 (3); s10-43; s10-61; s10-62;
HUD-53012A: s2 (2); s6; s7; s10-63; s10-64 (2); s10-72;
s11; s17; s10-124 (2); s10-131;
HUD-53012B: Att2; Att5.1 (4); s10-132 (2); s11-2; s11-11;
Att5.6 (2); Att5.12 (2); s11-12 (3); s11-14 (5);
Att5.13; Att5.14 (4); s11-15 (2); s11-16 (3);
Att5.16 (6); Att5.17 (3); s11-28 (2); s12-11; s12-12
Att6.1; Att6.4; Att6.7; APPROVAL AUTHORITY .............. 1
Att6.9; Att6.10; Att7.4; 24 CFR 51: .304
HUD-5370: s6 (3); s9 (6);
s11 (11); s17; s20; s27; APPROVAL LETTER .................... 12
s28 (2); s46d (3); 24 CFR 58: .2 (2);
HUD-5370-C: s15; 7417.1 Hbk: s3-162;
HUD-5372: p1; p2 (2); s9-102 (2); s10-2 (2);
HUD-5378: p1 (2); s10-132 (2); s11-2; s11-12;
1378.0 Hbk: s2-2; s4-2; s11-28
s5-2; s5-4 (3); s8-36 (3); APPROVAL LETTERS .................... 1
s8-38; s8-75; s8-83 (2); 7417.1 Hbk: s10-62
s8-86 (2); s8-103 (2); APPROVAL OF ADVANCES ......... 5
s8-10; s8-114 (3); s8-115; 7417.1 Hbk: s6-30; s7-113;
s8-142; s8-143; s8-150; s7-115; s7-125; s10-30
s8-153; s8-176; s8-231 (3);
s8-233; Ap20 (2); APPROVALS .................................. 18
4910.1 Hbk: s615-3; ApK (2); 24 CFR 50: .19 (3);
7417.1 Hbk: T/C (8); s1-5 (2); 24 CFR 51: .103 (3); .104;
s2-5 (2); s2-6; s3-2 (2); 24 CFR 55: .24;
s3-14 (4); s3-16 (3); 24 CFR 58: .35;
s3-18 (2); s3-19 (3); 24 CFR 905: .120;
s3-61 (5); s3-72; s3-73; 24 CFR 941: .403; .606;
s3-79 (2); s3-113 (2); HUD-51971: p3;
s3-123 (2); s3-126 (2); HUD-53012B: Att5.2 (2);
s3-135; s3-136; s3-137; HUD-5370: s20;
s3-146; s3-149 (4); s3-150; 7417.1 Hbk: s10-25; s10-54
s3-162 (9); s3-166; s3-167; APPROVE ....................................... 81
s3-179; s4-12 (4); 24 CFR 8: .28;
s4-14 (2); s4-23 (2); 24 CFR 35: .830;
s4-24 (2); s4-25; s4-26; 24 CFR 50: .10; .31;
s4-28; s4-29; s5-3;
24 CFR 51: .202 (2); .304 (2); 24 CFR 945: .201; .203 (3);
.305; .205 (4); .601;
24 CFR 55: .20; .27 (2); 24 CFR 968: .101 (5);
24 CFR 58: .1; .72; .73 (2); .102 (2); .103 (3);
24 CFR 905: .120; .104 (2); .105; .108;
24 CFR 941: .302; .303; .112 (11); .120; .125 (3);
.304; .600; .612; .130; .135 (2); .215;
24 CFR 943: .118; .225 (7); .235; .240;
24 CFR 945: .203 (2); .305 (5); .310; .315 (3);
.205 (3); .320 (7); .325 (9);
24 CFR 968: .104 (2); .110; .330 (2); .335; .416;
.112; .125; .145; .215; .422; .428;
.320; .325; 24 CFR 969: .106;
24 CFR 970: .4; .6; .7; 24 CFR 970: .2 (6); .4;
.11; .13 (2); .8 (2); .9; .10; .11 (5);
24 CFR 971: .11; .13; .14 (2);
24 CFR 972: .109 (2); .115; 24 CFR 971: .1; .3; .7 (4);
.212 (2); .9; .11 (2); .13;
49 CFR 24: .2; .4; .104; 24 CFR 972: .109 (2); .115;
HUD-2530: p3 (2); p4; .121; .124; .130; .212;
HUD-51001: p2; 49 CFR 24: .102 (2); .104 (2);
HUD-51915: A1.2 (2); .208; .302; .602;
HUD-52396: p1 (2); .603 (4);
HUD-53012A: s11 (3); HUD-2516: p2 (2); p3 (2);
HUD-53012B: Att5.3; Att5.16; HUD-50070: p1 (2); p2 (2);
HUD-5370: s11; s46a (2); HUD-51000: p1 (3); p2 (5);
s47a; HUD-51002: p1 (2);
HUD-92264: p8; HUD-51915: A1.2; A2.1; C2.4;
1378.0 Hbk: s5-4; s7-18; HUD-52344: p1 (6);
7417.1 Hbk: s3-113; s3-142; HUD-52481: s4;
s3-164; s3-166; s3-179 (2); HUD-52484: p1 (2); p2 (2);
s4-29; s7-85; s7-92 p3 (3); p4 (5); p5 (4);
APPROVED ...................................602 HUD-52540: p2;
24 CFR 8: .3; .21; .24; HUD-52651-A: p6 (2);
.25; HUD-52825: p1; p2; pi (18);
24 CFR 35: .88 (2); .90; pii (11); piii;
.92 (2); .94; .106; HUD-52834: p5 (2);
.165 (3); .1135; .1330; HUD-52836: p1;
.1340; HUD-52837: pi (6); pii (2);
24 CFR 41: .4; piii (3);
24 CFR 42: .305 (4); .375; HUD-52840A: p1 (7); p2 (2);
24 CFR 50: .1; .3; HUD-53009-A: p1 (2);
24 CFR 51: .104; .303; HUD-53012A: s8; s9 (2);
.305 (2); s11 (4); s12;
24 CFR 55: .1 (2); .2; HUD-53012B: Att2; Att4;
.3 (2); .12 (3); .21; Att5.1 (2); Att5.3;
.25 (2); Att5.12 (2); Att5.13 (2);
24 CFR 58: .1 (2); .22 (2); Att5.14; Att5.16 (6);
.35; .71; .72; .77 (3); Att5.17 (2); Att6.1 (2);
24 CFR 135: .11 (7); .76; Att6.5; Att6.6; Att7.4;
.90; HUD-5369: s10;
24 CFR 902: .1; .7; .20 (3); HUD-5370: s2; s6 (2);
.60 (4); .73 (2); s9 (5); s11 (2); s27 (5);
24 CFR 905: .10 (3); .120; s28; s35; s46c; s46d (5);
24 CFR 941: .101 (2); s47c;
.102 (3); .103 (3); .201; HUD-5370-C: s5;
.202 (2); .207; .302 (2); HUD-5372: p1 (2); p2 (2);
.305 (5); .306; .401; 1378.0 Hbk: s1-8; s2-2;
.403; .404; .501 (3); s2-3; s3-7; s5-2 (2);
.604 (2); .608 (3); s5-4; s6-2; s8-3; s8-23;
.610 (5); .612 (8); .614; s8-27; s8-34 (2); s8-43;
.616; s8-53; s8-62; s8-64;
s8-74 (2); s8-124;

s8-134 (2); s8-145 (2); HUD-52836: p1;
s8-150 (2); s8-152; s8-164; HUD-52837: pi
s8-173; s8-185; s8-194; APPROVED COST ........................... 1
s8-231 (5); Ap2 (2); Ap4; HUD-52484: p4
Ap6; Ap19; Ap20 (4);
Ap25; Ap26; APPROVED COSTS......................... 3
4910.1 Hbk: s603-1; s615-2; 24 CFR 941: .103 (3)
ApC; ApE; ApI; ApK (6); APPROVED DESIGN DOCUMENTS
7417.1 Hbk: s2-2; s2-5 (6); ........................................................... 1
s2-6 (2); s3-13; s3-14; 7417.1 Hbk: s10-24
s3-19; s3-32; s3-61;
s3-72; s3-75 (3); s3-79; APPROVED DEVELOPMENT
s3-136; s3-149; s3-171; SCHEDULE ...................................... 1
s3-172; s4-23 (2); 7417.1 Hbk: s5-23
s4-29 (7); s4-30 (2); s5-3;
s5-13; s5-16; s5-22 (3);
APPROVED FOR
s5-23; s6-2 (2); s6-30; DEPROGRAMMING ....................... 3
s6-38; s7-2; s7-4 (3); 24 CFR 971: .7;
s7-23; s7-27; s7-33; 24 CFR 972: .109; .212
s7-83; s7-99; s7-112; APPROVED FULL PROPOSAL...... 1
s7-122 (4); s7-123; s7-124; 24 CFR 941: .302
s7-125 (4); s7-126 (3);
s8-3; s8-4; s8-5; s8-7;
APPROVED FUNDING ................... 1
24 CFR 968: .125
s8-43; s8-52 (2); s8-53;
s8-64 (2); s8-65 (4); APPROVED IMPLEMENTATION
s8-73 (3); s9-2; s9-4; PLAN ................................................. 1
s9-5 (4); s9-11; s9-15 (2); 24 CFR 902: .20
s9-72 (3); s9-82 (2);
s9-102 (2); s10-2 (3); APPROVED MODERNIZATION ... 1
s10-3; s10-4 (4); s10-11; HUD-52837: piii
s10-21; s10-24 (2); s10-29; APPROVED MODERNIZATION
s10-85; s10-102 (2); PROGRAM ....................................... 8
s10-112 (2); s10-132; 24 CFR 968: .112; .135 (2);
s11-14; s11-17 (3); .225 (4); .240
s11-28 (2); s12-12;
s12-13 (2) APPROVED MODERNIZATION
APPROVED ACTIONS .................... 1 PROGRAM ....................................... 8
24 CFR 55: .3 24 CFR 968: .112; .135 (2);
.225 (4); .240
APPROVED ACTUAL ..................... 3
HUD-52484: p1; p2; APPROVED NEIGHBORHOODS... 1
HUD-53012B: Att5.17 7417.1 Hbk: s8-65
APPROVED AMENDMENTS ......... 1 APPROVED OR RECOMMENDED
24 CFR 941: .305 VALUE.............................................. 1
APPROVED ANNUAL STATEMENT 49 CFR 24: .104
........................................................... 6 APPROVED PHA PROPOSAL........ 8
24 CFR 968: .101; .112; 24 CFR 941: .501;
.320; .325 (2); .330 7417.1 Hbk: s9-5; s9-11;
s9-15 (2); s10-4; s10-11;
APPROVED BUDGET ..................... 4 s10-24
HUD-52484: p4 (4)
APPROVED PROPOSAL............... 11
APPROVED BUDGET AMOUNTS 1 24 CFR 941: .305 (3);
HUD-52484: p5 .501 (2); .604 (2); .612;
APPROVED BUDGET AMOUNTS 1 .614; .616;
HUD-52484: p5 24 CFR 970: .2
APPROVED BUDGETS................... 1 APPROVED PROPOSALS .............. 1
24 CFR 968: .305 24 CFR 941: .608
APPROVED COMPREHENSIVE APPROVED RATIO ......................... 2
PLAN ................................................. 6 24 CFR 941: .612 (2)
24 CFR 968: .104 (2); .112; APPROVED TOTAL DEVELOPMENT
.325; COST ................................................. 1
24 CFR 941: .608 ARCHITECT .................................117
APPROVED VALUE ........................3 24 CFR 41: .3;
49 CFR 24: .104; .603; 24 CFR 941: .303; .304;
1378.0 Hbk: s5-4 .402; .606;
APPROVED WITH CONDITIONS ..3 49 CFR 24: .2;
7417.1 Hbk: s7-4; s9-5; HUD-5087: Intro; s16;
s10-4 HUD-51000: p1;
HUD-51915: C2.4;
APPROVED WORK..........................1 HUD-52484: p2; p5;
24 CFR 968: .225 HUD-52651-A: p6; p8;
APPROVED WORK ITEMS.............4 HUD-5369: s3;
24 CFR 968: .215; .225 (2); HUD-5370: s1 (3); s3 (4);
HUD-50072: p2 s5; s9; s20; s27 (2);
APPROXIMATE DATE ....................2 HUD-5372: p1; p2 (3);
49 CFR 24: .303; HUD-5378: p1 (2);
1378.0 Hbk: s4-2 1378.0 Hbk: s1-11;
7417.1 Hbk: T/C; s3-14;
APPURTENANCES ..........................8 s3-16 (10); s3-18;
24 CFR 902: .24; s3-19 (4); s3-71; s3-79;
49 CFR 24: .502; s3-150; s6-2; s6-4 (3);
HUD-51915: A1.2; s6-22; s6-24; s7-26;
HUD-51971: p1 (4); s7-72 (4); s7-74;
1378.0 Hbk: s3-8 s7-122 (2); s8-6; s8-42;
APPURTENANT ...............................8 s8-73; s9-3; s9-4; s9-11;
24 CFR 8: .3; s9-13; s9-62; s9-65 (2);
24 CFR 40: .2; s9-82; s9-102; s10-3 (2);
HUD-52190-A: p1 (3); s10-11 (2); s10-12 (2);
HUD-5370: s22; s10-22; s10-24; s10-26;
1378.0 Hbk: Ap20; s10-27 (2); s10-29;
4910.1 Hbk: ApK s10-86 (2); s10-112;
s10-132; s11-12;
APPURTENANT STRUCTURES ....1 s11-15 (3); s11-18; s11-27;
24 CFR 8: .3
s12-2 (2); s12-11 (6);
APRIL ..............................................13 s12-12 (6); s12-13
24 CFR 51: .208;
24 CFR 968: .103 (5);
ARCHITECT/ ....................................3
24 CFR 968: .140; .419;
24 CFR 971: .1;
HUD-52825: piii
24 CFR 972: .121;
49 CFR 24: .602; ARCHITECT/OTHER .......................1
1378.0 Hbk: Intro; HUD-52651-A: p5
7417.1 Hbk: s3-113 (3) ARCHITECTS .................................18
AQUIFER...........................................1 24 CFR 70: .1; .3;
4910.1 Hbk: ApK 24 CFR 965: .215;
24 CFR 968: .110;
AQUIFERS ........................................3 HUD-2530: p3;
24 CFR 50: .4;
HUD-5087: Intro;
24 CFR 58: .5 (2)
HUD-51915: E1.16;
ARBITRARY .....................................2 HUD-51975-A: s1.6;
24 CFR 965: .502; HUD-53012B: Att5.7; Att5.9;
24 CFR 970: .13 HUD-5378: p2;
ARBITRATOR ..................................1 4910.1 Hbk: ApB; ApH;
HUD-5370: s31 7417.1 Hbk: T/C; s3-12 (2);
s3-16; s3-61
ARCHEOLOGICAL ..........................3
24 CFR 58: .5; ARCHITECT'S.................................54
7417.1 Hbk: s3-93 (2) HUD-52484: p2; p5 (3);
HUD-5370: T/C; s1; s3 (2);
ARCHITECT/ENGINEER ................7 7417.1 Hbk: T/C (6); s3-16;
24 CFR 941: .501;
s3-19; s6-4 (2); s6-5;
24 CFR 968: .135; .335;
s6-22 (6); s7-36; s7-72;
HUD-51975-A: s1.7;
s7-73 (3); s7-82 (2);
HUD-52825: p2; piii;
s7-122; s7-125; s8-4;
HUD-5369: s11
s9-4; s9-15; s9-16;

s9-65 (3); s9-82; s10-25; 7417.1 Hbk: s7-72 (2)
s10-54; s10-86 (3); ARCHITECTURAL BARRIERS ..... 9
s10-112; s11-15; s12-11; 24 CFR 8: .1;
s12-12 (3); s12-13 24 CFR 41: .4 (2); .6 (2);
ARCHITECT'S/ ................................. 1 24 CFR 50: .20;
24 CFR 968: .135 24 CFR 58: .35;
ARCHITECTURAL/ENGINEERING2 24 CFR 968: .110;
24 CFR 35: .1135; 7417.1 Hbk: s3-43
24 CFR 968: .112 ARCHITECTURAL BARRIERS ACT
ARCHITECTURAL ........................ 67 ........................................................... 5
24 CFR 8: .1; 24 CFR 8: .1;
24 CFR 35: .110; 24 CFR 41: .4; .6;
24 CFR 41: .4 (2); .5 (4); 24 CFR 968: .110;
.6 (4); 7417.1 Hbk: s3-43
24 CFR 50: .20; ARCHITECTURAL CERTIFICATION
24 CFR 58: .35;
24 CFR 135: .5; ........................................................... 1
24 CFR 968: .110; .120; 7417.1 Hbk: s10-3
HUD-51915: A1.2; ARCHITECTURAL DESIGN .......... 1
HUD-52484: p1; p5; 24 CFR 968: .120
HUD-53012B: Att5 Intro; ARCHITECTURAL DRAWINGS ... 2
Att5.2; 7417.1 Hbk: s3-16; s6-27
HUD-5370: s1; s3;
HUD-92264: p8 (3); ARCHITECTURAL EXHIBITS....... 2
4910.1 Hbk: ApB; ApC (2); 7417.1 Hbk: s7-74; s9-63
ApE (2); ApH; ARCHITECTURAL SERVICES ...... 5
7417.1 Hbk: T/C (4); s1-5; 7417.1 Hbk: s3-16 (2); s3-19;
s3-16 (4); s3-19; s3-43; s7-82; s8-4
s3-93; s3-113; s6-4;
s6-27 (2); s6-30; s6-43;
ARCHITECTURAL SHEET ............ 1
7417.1 Hbk: s10-12
s7-65; s7-72 (2);
s7-74 (2); s7-82 (2); ARCHITECTURAL TREATMENT. 2
s8-4 (2); s8-32; s9-53; 7417.1 Hbk: s6-43; s7-74
s9-63; s10-3; s10-12; ARCHITECTURAL-ENGINEERING1
s10-24; s10-73 HUD-52484: p5
ARCHITECTURAL/ ......................... 2 ARCHITECTURALLY .................... 1
24 CFR 968: .112; 24 CFR 35: .630
HUD-52832: p2
ARCHITECTURE ............................. 4
ARCHITECTURAL AND 24 CFR 968: .112;
ENGINEERING .............................. 17 HUD-51915: A1.1 (2);
24 CFR 41: .5 (2); 7417.1 Hbk: s3-143
HUD-52484: p5; ARCHITECTURE/ENGINEERING 1
HUD-53012B: Att5 Intro; 24 CFR 35: .1115
Att5.2;
HUD-92264: p8;
ARCTIC ............................................ 1
4910.1 Hbk: ApK
7417.1 Hbk: T/C (4); s1-5;
s6-27; s7-65; s7-82; AREA/COMMUNITY ...................... 1
s8-32; s9-53; s10-73 1378.0 Hbk: s8-216
ARCHITECTURAL AND AREA COUNSEL ........................... 39
7417.1 Hbk: s1-5 (2);
ENGINEERING EXAMINATIONS 1 s2-5 (2); s2-6; s2-7 (3);
24 CFR 41: .5
s4-23 (2); s4-28; s5-14;
ARCHITECTURAL AND s5-15 (3); s7-1; s7-32 (3);
ENGINEERING INSPECTIONS ..... 1 s7-33; s7-34 (3); s7-35;
24 CFR 41: .5 s7-36; s7-122; s8-32;
s8-84 (2); s9-42;
ARCHITECTURAL AND s10-29 (2); s10-43;
TRANSPORTATION BARRIERS ... 4 s10-52 (2); s10-53 (2);
24 CFR 41: .5 (2); .6 (2) s10-54; s11-27
ARCHITECTURAL ASSISTANCE. 2 AREA COUNSEL'S .......................... 4
7417.1 Hbk: s4-23; s7-31; 24 CFR 51: .106 (7);
s8-31; s10-51 24 CFR 55: .25 (15);
AREA MANAGER ..........................31 24 CFR 58: .53;
7417.1 Hbk: T/C; s1-5 (4); 7417.1 Hbk: s3-72
s3-15; s3-18; s3-19; AREA-WIDE .....................................2
s3-75 (2); s3-135; 24 CFR 968: .305; .315
s3-142 (3); s3-143; s3-146; AREA-WIDE RESIDENT GROUPS 1
s3-149; s3-179 (2); s4-2; 24 CFR 968: .305
s4-14 (2); s5-11; s5-13;
s5-14 (4); s5-24; s6-5; ARID ..................................................1
s7-123 4910.1 Hbk: s603-1
AREA MANAGERS..........................2 ARID REGIONS ................................1
7417.1 Hbk: s5-3; s7-2 4910.1 Hbk: s603-1
AREA MANAGER'S .......................27 ARMED FORCES .............................2
7417.1 Hbk: s2-7 (2); s3-146; 1378.0 Hbk: s7-21 (2)
s3-149; s4-14; s5-11 (3); ARMED SERVICES..........................1
s5-14 (2); s5-15 (2); 24 CFR 87: .600
s7-126; s7-127; s8-4; ARMORED ........................................1
s8-5; s8-42; s9-3; s9-11; 7417.1 Hbk: s3-32
s9-42; s9-52; s9-62;
s9-103 (2); s10-72; ARMORED CAR ...............................1
s10-132 (2) 7417.1 Hbk: s3-32
AREA OF MINORITY ARMS LENGTH................................1
HUD-2530: p3
CONCENTRATION ........................10
24 CFR 42: .350; ARMS-LENGTH ...............................1
24 CFR 941: .202; .207; HUD-92264: p6
24 CFR 968: .108; ARREST.............................................2
24 CFR 970: .5; 24 CFR 50: .19;
49 CFR 24: .205; 24 CFR 58: .34
1378.0 Hbk: s1-29; s6-2;
s8-113;
ARTICLES OF INCORPORATION .2
24 CFR 965: .205;
7417.1 Hbk: s3-77
7417.1 Hbk: s3-113
AREA OFFICE APPROVAL ..........43 ARTIFACTS ......................................1
7417.1 Hbk: T/C (2); s2-6;
7417.1 Hbk: s3-93
s3-2 (2); s3-14 (3);
s3-16 (2); s3-18 (2); ARTILLERY ......................................1
s3-19; s3-137; s3-149; 24 CFR 51: .106
s4-14; s5-14; s5-22; ARTIST ..............................................1
s6-5 (2); s6-6; s6-24 (6); 7417.1 Hbk: s3-150
s6-29; s6-30; s6-39;
s7-44; s8-7; s9-3;
AS IS ................................................22
24 CFR 50: .3;
s9-4 (2); s9-11; s10-3;
24 CFR 51: .106;
s10-29; s11-14 (2); s11-15;
24 CFR 972: .133; .227;
s11-16; s12-12
HUD-52651-A: p4; p7 (2); p8;
AREA OFFICE REVIEW ................26 HUD-92264: p4 (3); p5 (4);
7417.1 Hbk: T/C (8); s2-7; p6 (4);
s3-18; s4-21; s6-5; s7-1; 1378.0 Hbk: Ap20;
s7-34; s7-126; s8-24; 4910.1 Hbk: s403-1;
s8-73 (2); s9-5; s9-34; 7417.1 Hbk: s3-33
s9-92; s9-102; s10-4;
s10-44; s10-123; s10-132
AS RAPIDLY AS POSSIBLE ...........1
HUD-53012B: Att6.7
AREA OFFICE REVIEW AND AS SOON AS FEASIBLE ...............21
APPROVAL .......................................1 24 CFR 970: .5;
7417.1 Hbk: s11-16 49 CFR 24: .102; .203; .204;
AREA-GROUND...............................1 .205; .207;
HUD-92264: p2 1378.0 Hbk: s2-3; s2-5 (3);
s2-7; s3-3; s4-2; s5-2;
AREAWAYS .....................................1 s8-56 (2); s8-83; s8-113;
7417.1 Hbk: s10-21
s8-143; s8-213;
AREAWIDE.....................................24 7417.1 Hbk: s3-123

AS SOON AS POSSIBLE................. 9 ASKING PRICE .............................. 12
24 CFR 8: .25 (2); 49 CFR 24: .403; .603;
24 CFR 941: .207; HUD-51971: p3;
24 CFR 968: .315; HUD-52651-A: p7; p8;
24 CFR 971: .7; 1378.0 Hbk: s2-5; Ap5;
24 CFR 972: .130; 7417.1 Hbk: s3-14; s3-78;
49 CFR 24: .303; .603; s6-27; s8-5 (2)
7417.1 Hbk: s7-122 AS-NEEDED BASIS ........................ 5
AS SOON AS PRACTICABLE ........ 4 HUD-52825: pi;
24 CFR 58: .55; HUD-52832: p2 (2);
HUD-5369: s9; HUD-52837: pi (2)
HUD-5370: s20; s30 ASPHALT ....................................... 13
AS THEIR INTERESTS MAY 4910.1 Hbk: s603-1; ApB;
APPEAR ............................................ 1 ApC; ApE (4); ApH (5);
HUD-5370: s36 7417.1 Hbk: s10-24
ASBESTOS ....................................... 5 ASPHALT TILE ............................... 3
24 CFR 968: .112; 4910.1 Hbk: s603-1; ApC; ApE
24 CFR 970: .13; AS-REPAIRED ................................. 3
HUD-5087: s6; 7417.1 Hbk: s7-98 (3)
HUD-52837: pii (2) ASSEMBLE ...................................... 2
ASBESTOS SIDING......................... 1 HUD-51915: A1.2;
HUD-5087: s6 1378.0 Hbk: s7-10
ASBESTOS TESTING ..................... 1 ASSEMBLED ................................... 3
24 CFR 968: .112 4910.1 Hbk: s508-5 (2); ApK
AS-BUILT ......................................... 7 ASSEMBLIES ................................... 3
HUD-5370: T/C; s10 (5); HUD-5370: s20;
7417.1 Hbk: T/C 4910.1 Hbk: s607-2; ApD
AS-BUILT DRAWINGS .................. 7 ASSEMBLY ...................................... 3
HUD-5370: T/C; s10 (5); HUD-51994: p4; p6;
7417.1 Hbk: T/C HUD-5370: s9
ASCERTAIN COMPLIANCE .......... 2 ASSESS ........................................... 11
HUD-5370: s39; 24 CFR 8: .25;
HUD-5370-C: s14 24 CFR 51: .106;
ASD ................................................. 18 24 CFR 902: .1 (3); .9; .43;
24 CFR 51: .200; .201 (3); HUD-50072: p1 (2);
.203; .205; .208 (12) HUD-52481: s1;
7417.1 Hbk: s10-63
ASHRAE ........................................... 6
4910.1 Hbk: s100-2; ASSESS AND SCORE ..................... 3
s607-1 (2); ApB; ApE; ApH 24 CFR 902: .1 (2); .9
ASIAN/PACIFIC AMERICANS ...... 1 ASSESSED...................................... 37
HUD-2516: p1 24 CFR 50: .42;
24 CFR 58: .53;
ASIAN ............................................... 7 24 CFR 902: .5; .7 (8); .9;
HUD-5369-A: s7 (2); .20; .25; .30; .43;
HUD-5369C: s2 (2); .60 (2); .63; .67;
1378.0 Hbk: Ap8; Ap9; Ap21 24 CFR 970: .11;
ASIAN/PACIFIC .............................. 1 HUD-50072: p1 (3); p2 (4);
HUD-2516: p1 p4 (2);
ASIAN INDIAN ................................ 2 HUD-52481: s6 (2);
HUD-5369-A: s7; HUD-5370: s33;
HUD-5369C: s2 HUD-92264: p3 (2);
1378.0 Hbk: Ap20 (2)
ASIAN PACIFIC AMERICANS ...... 2
HUD-5369-A: s7; ASSESSED FISCAL YEAR ............. 8
HUD-5369C: s2 24 CFR 902: .7 (7); .60
AS-IS ............................................... 15 ASSESSED VALUATION ............... 1
7417.1 Hbk: s7-92; s7-96; 1378.0 Hbk: Ap20
s7-98 (10); s7-99 (3) ASSESSED VALUE ......................... 3
HUD-92264: p3 (2);
1378.0 Hbk: Ap20 HUD-52835: p1;
ASSESSES .........................................1 HUD-5369: s12;
24 CFR 902: .43 1378.0 Hbk: s8-62;
7417.1 Hbk: s3-15; s3-92;
ASSESSING.....................................11 s3-113; s3-164; s4-12;
24 CFR 8: .22; .23; s7-94
24 CFR 50: .31;
24 CFR 51: .103 (2); .106 (2); ASSESSMENT-- ................................2
24 CFR 902: .1; .40; 24 CFR 968: .315 (2)
24 CFR 945: .205; ASSESSMENT TOOLS ....................1
7417.1 Hbk: s3-113 24 CFR 902: .1
ASSESSMENT ..............................318 ASSESSMENTS ..............................55
24 CFR 8: .25 (6); 24 CFR 35: .92; .165; .325;
24 CFR 35: .80; .86 (2); .715 (2); .1115 (2);
.90 (2); .92 (2); .1320 (3); .1340; .1355;
.110 (10); .120 (6); 24 CFR 50: .24; .32; .35;
.155 (2); .165 (8); 24 CFR 51: .106 (2);
.210 (2); .215 (2); 24 CFR 58: .14; .15; .36;
.315 (3); .320; .325; .38; .47;
.510; .620 (3); .715 (13); 24 CFR 902: .1; .60;
.720 (4); .730 (8); 24 CFR 968: .112 (2);
.815 (3); .820 (3); .315 (6); .325;
.830 (10); .930 (3); .940; 24 CFR 972: .203; .206;
.1010; .1015 (2); .215; .221;
.1115 (3); .1120; .1125; 49 CFR 24: .304;
.1130 (11); .1210; HUD-51971: p1 (2); p2; p3;
.1215 (4); .1225 (7); HUD-52481: Att;
.1320 (5); .1330 (3); HUD-52484: p2; p5;
.1340 (6); .1355 (10); HUD-92264: p3; p6;
24 CFR 42: .375; 1378.0 Hbk: s4-3; Ap20;
24 CFR 50: .2; .31; .33; 4910.1 Hbk: ApA;
.34; 7417.1 Hbk: s3-113 (4); s3-163
24 CFR 51: .106 (2); .305 (2); ASSESSMENTS] ...............................3
24 CFR 55: .10; .27; HUD-52481: s3 (3)
24 CFR 58: .2 (3); .15 (2);
.35; .40; ASSESSOR ......................................18
24 CFR 902: .1 (5); .5 (3); 24 CFR 35: .110; .165 (2);
.7 (5); .20; .30; .1340 (4); .1355 (11)
.40 (2); .45; .50 (3); ASSESSORS ......................................2
.52; .60 (3); .68; 24 CFR 35: .1320 (2)
.69 (2); .73; .79; ASSET ................................................1
24 CFR 905: .10; .120 (2); HUD-5369-B: s9
24 CFR 941: .303; .304;
.608; ASSETS ...........................................20
24 CFR 943: .130 (3); 24 CFR 902: .35;
24 CFR 945: .203 (4); 24 CFR 941: .501;
24 CFR 968: .103; .105; 24 CFR 965: .205;
.112 (2); .135; .205; 49 CFR 24: .304;
.225; .305; .315 (14); HUD-2530: p3;
24 CFR 970: .8; .11 (2); HUD-52481: s3;
24 CFR 971: .3; HUD-53012A: s7;
24 CFR 972: .121; .124; HUD-5370: s46a;
.200; .206 (3); .209 (3); 1378.0 Hbk: s4-4; s7-21 (10);
.218 (7); .221 (6); 7417.1 Hbk: s3-113
.224 (4); .230 (3); ASSETS'' ............................................1
.233 (2); .239 (3); 24 CFR 965: .205
HUD-50072: p1 (3); p2 (2);
p3 (2); p4 (3); p5 (2);
ASSIGN ...........................................14
24 CFR 35: .900; .1000;
HUD-51915: A1.2;
.1200;
HUD-51971: p3;
HUD-51915: D1.0;
HUD-52832: p1 (3); p2 (7);
HUD-52832: p2;
HUD-52833: p1 (3); p2 (8);
HUD-53012B: Att2;
HUD-52834: p6;
HUD-5370: s2; s35;

HUD-5370-C: s5; ASSIGNMENTS ............................... 7
7417.1 Hbk: s4-12; s6-44; HUD-2530: p4;
s7-1; s7-72; s7-92 HUD-53012B: Att5 Intro;
ASSIGNED ..................................... 53 Att5.6;
24 CFR 35: .106; .1340; HUD-5370: s35;
24 CFR 50: .10; HUD-5378: p2;
24 CFR 135: .9; 1378.0 Hbk: s5-3;
24 CFR 902: .24 (2); .25 (2); 7417.1 Hbk: s10-1
.68; ASSIGNS .......................................... 9
24 CFR 941: .101; 24 CFR 971: .13;
24 CFR 943: .115; 49 CFR 24: .105; .403;
24 CFR 945: .203; HUD-5370-C: s1; s18 (2);
24 CFR 968: .101 (2); 1378.0 Hbk: s3-7; s5-5;
.112 (2); 7417.1 Hbk: s1-5
HUD-2516: p2 (2);
HUD-2530: p1; p2; p4; ASSIST ............................................ 66
HUD-51001: p2; 24 CFR 8: .28;
HUD-53012B: Att2; Att5.6; 24 CFR 50: .3; .19;
HUD-5370: s27; s35; 24 CFR 51: .101; .208;
HUD-5370-C: s5; 24 CFR 58: .1; .35; .57;
HUD-5372: p2; 24 CFR 135: .32; .92 (3);
1378.0 Hbk: s8-182; Ap20 (3); 24 CFR 941: .101; .402;
7417.1 Hbk: s1-5; s4-2; .604; .606;
s4-22 (2); s4-28 (2); 24 CFR 943: .150;
s4-29; s4-30; s5-3 (2); 24 CFR 945: .205;
s5-14; s6-44 (10) 24 CFR 965: .405;
24 CFR 968: .112 (2); .315;
ASSIGNEE ........................................ 6 .325;
24 CFR 8: .3; 24 CFR 970: .8;
24 CFR 135: .5; 24 CFR 972: .130;
HUD-51971: p1; 49 CFR 24: .205; .505;
HUD-53012B: Att5.6; .603 (2);
HUD-5370: s27; s34 HUD-51915: A1.2 (2);
ASSIGNEES...................................... 1 HUD-52190-A: p1 (3);
HUD-51971: p1 HUD-52484: p4;
ASSIGNING...................................... 6 HUD-52840A: p1 (2);
24 CFR 8: .21; HUD-5369: s12;
24 CFR 51: .101; 1378.0 Hbk: T/C; s1-1; s1-3;
HUD-52190-A: p1 (3); s1-32; s2-5 (2); s2-6;
7417.1 Hbk: s4-24 s6-3; s8-67; s8-71;
s8-72 (4); s8-147;
ASSIGNMENT ............................... 34 s8-150 (2); Ap1 (2); Ap7;
24 CFR 8: .21; .24; Ap18; Ap18a; Ap18b; Ap25;
24 CFR 55: .3; 7417.1 Hbk: s2-2; s3-2;
24 CFR 135: .92; s3-14; s4-29
24 CFR 941: .403; .610;
49 CFR 24: .103 (2); .603; ASSISTANCE/RELOCATION ........ 9
HUD-51915: T/C; D1.0 (2); 1378.0 Hbk: Intro; T/C (4);
HUD-52190-A: p1 (3); s8-51; s8-60; s8-91; Ap1
HUD-52484: p5; ASSISTANCE CONTRACT ............ 1
HUD-52540: p2; 24 CFR 970: .11
HUD-53012B: Att5.6 (3); ASSISTANCE EXPENSES .............. 3
HUD-5370: T/C; s35; 1378.0 Hbk: s7-22 (3)
HUD-5370-C: s5;
1378.0 Hbk: s2-7; s5-3; ASSISTANCE FUNDS ..................... 2
Ap20 (3); 24 CFR 943: .118;
7417.1 Hbk: T/C (2); s4-29; 7417.1 Hbk: s1-5
s5-3; s7-72; s7-92 ASSISTANCE PAYMENT............... 2
ASSIGNMENT OF AIDES .............. 2 24 CFR 58: .6;
24 CFR 8: .21; .24 1378.0 Hbk: s7-22
ASSIGNMENT TO THE PHA ......... 1 ASSISTANCE PAYMENTS .......... 21
24 CFR 941: .403 24 CFR 8: .3 (2);
24 CFR 35: .110;
24 CFR 50: .17; 24 CFR 968: .101; .108 (4);
24 CFR 902: .7; .315;
24 CFR 965: .201; .301; 24 CFR 970: .1; .5 (7); .11;
24 CFR 968: .101; 24 CFR 971: .7;
24 CFR 969: .102; 24 CFR 972: .127; .130 (2);
1378.0 Hbk: s1-3 (6); s8-122; .230 (2);
s8-182; s8-191; s8-221 (3) 49 CFR 24: .1; .6 (2); .307;
ASSISTANT SECRETARIES ...........9 .603;
24 CFR 50: .10; HUD-2530: p1 (2);
24 CFR 51: .1; HUD-51915: E1.12; E1.17;
1378.0 Hbk: Intro (5); HUD-51975-A: s1.12; s1.7;
7417.1 Hbk: Front (2) HUD-52651-A: p3; p7;
HUD-52825: p1;
ASSISTANT SECRETARY ..........109 HUD-53012A: s2;
24 CFR 8: .25 (2); HUD-5370: s39; s40;
24 CFR 35: .830; HUD-5370-C: s14; s18;
24 CFR 41: .3 (2); .4 (5); 1378.0 Hbk: Intro; s1-7;
.5 (6); .6; s1-8 (2); s1-14; s7-1 (2);
24 CFR 50: .1; .10; s7-7 (2); s7-9; s7-10;
24 CFR 51: .3 (2); .103; s7-21; s7-22 (2); s8-2;
.104 (4); .106; .304; s8-3 (2); s8-22; s8-23;
24 CFR 55: .3 (2); s8-32; s8-34; s8-36;
24 CFR 58: .1; s8-42; s8-43; s8-45;
24 CFR 135: .3; .5 (2); s8-53; s8-63; s8-73;
.7 (4); .32; .34; .70; s8-82; s8-85; s8-87;
.72 (3); .74 (4); .76 (21); s8-102; s8-103; s8-112 (3);
.90 (2); s8-113; s8-114; s8-123;
24 CFR 902: .67; .69 (2); s8-132; s8-134; s8-145;
.77 (7); .79; s8-183; s8-185; s8-191 (4);
24 CFR 968: .335; s8-192; s8-201 (2);
HUD-53012A: s17; s8-214 (2); s8-222; s8-232;
4910.1 Hbk: Front (2); Fwd; Ex7-1; Ap18;
7417.1 Hbk: Front (2); s3-75; 7417.1 Hbk: T/C (3); s1-2;
s3-79 (2); s3-135; s3-136; s1-5; s2-6 (2); s3-19;
s3-149; s3-164; s3-165 (2); s3-42; s3-43; s3-44;
s3-167; s3-179; s4-14; s3-73 (3); s3-77 (2);
s5-3 (2); s5-16; s6-28; s3-79; s3-113 (2); s3-122;
s7-64; s7-112; s7-115; s3-125; s3-127; s3-132;
s7-124 s4-14; s4-25 (3); s4-29;
ASSISTANT SECRETARY-- ...........1 s5-13 (4); s6-22; s6-39;
24 CFR 135: .76 s6-41 (2); s6-43; s7-43;
ASSISTANT SECRETARY'S ...........2 s7-44 (5); s7-54; s9-43;
24 CFR 135: .70; .76 s10-64; s11-12
ASSISTED .....................................194 ASSISTED ACTIVITIES ..................4
24 CFR 8: .3; .28; .33; 24 CFR 42: .325 (2);
24 CFR 35: .100; .110 (2); 49 CFR 24: .6 (2)
.325; .700; .715; .720; ASSISTED ACTIVITY ...................10
.915 (4); .920; .1100 (2); 24 CFR 42: .375 (3);
.1215 (2); .1225 (2); 24 CFR 941: .610;
24 CFR 42: .305; .325 (2); HUD-52825: p1;
.375 (3); 1378.0 Hbk: s7-1; s7-7 (2);
24 CFR 51: .1; .3; .208; s7-10; s8-3
24 CFR 58: .1; .2; .4; ASSISTED HOMEBUYER PROGRAM
.30;
24 CFR 70: .4; ............................................................1
24 CFR 135: .5; .9; .11; 1378.0 Hbk: s1-14
.34; .38; .76; ASSISTED HOUSEHOLDS..............1
24 CFR 941: .202; .207 (3); 7417.1 Hbk: s3-73
.610; ASSISTED HOUSING ....................24
24 CFR 943: .144; 24 CFR 970: .5;
24 CFR 945: .105; 24 CFR 971: .7;
24 CFR 965: .101; .501; 24 CFR 972: .130; .230;

HUD-52651-A: p3; 7417.1 Hbk: s6-39; s11-12
1378.0 Hbk: s1-7; ASSISTING ....................................... 6
7417.1 Hbk: T/C (3); s1-5; 24 CFR 135: .32;
s2-6; s3-73; s3-113; 24 CFR 902: .75;
s3-132; s4-25; s4-29; HUD-52840A: p1 (2);
s5-13 (2); s6-43; HUD-5370: s3 (2)
s7-44 (2); s7-54; s9-43;
s10-64 ASSISTIVE ....................................... 1
24 CFR 8: .33
ASSISTED HOUSING'' .................... 1
24 CFR 58: .1 ASSISTIVE DEVICES ..................... 1
24 CFR 8: .33
ASSISTED HOUSING AND ............ 1
7417.1 Hbk: s4-25 ASSISTS............................................ 2
24 CFR 135: .5;
ASSISTED HOUSING NEEDS........ 2 24 CFR 968: .105
7417.1 Hbk: s2-6; s3-73
ASSOCIATE ..................................... 4
ASSISTED HOUSING PROGRAM . 2 24 CFR 965: .205 (3);
24 CFR 8: .33; 7417.1 Hbk: s7-115
1378.0 Hbk: s8-145
ASSOCIATE IN CLAIMS ................ 1
ASSISTED HOUSING PROJECTS . 1 24 CFR 965: .205
24 CFR 968: .315
ASSOCIATE IN RISK
ASSISTED HOUSING PROVIDES . 1
HUD-52651-A: p7 MANAGEMENT .............................. 1
24 CFR 965: .205
ASSISTED HOUSING SITES .......... 1
7417.1 Hbk: s4-14 ASSOCIATED ................................ 39
24 CFR 35: .110; .930;
ASSISTED HOUSING SITES .......... 1 .1135; .1140; .1200;
7417.1 Hbk: s4-14 .1330; .1340; .1355 (2);
ASSISTED HOUSING VACANCIES3 24 CFR 50: .19;
24 CFR 971: .7; 24 CFR 55: .20;
24 CFR 972: .130; .230 24 CFR 58: .35;
ASSISTED PERSONS ...................... 4 24 CFR 902: .24;
24 CFR 941: .202; 24 CFR 941: .103 (2); .610;
7417.1 Hbk: s3-77 (2); s7-43 24 CFR 965: .205; .215 (2);
24 CFR 968: .112;
ASSISTED PROGRAM .................... 6 49 CFR 24: .2; .205;
24 CFR 8: .3; .28; HUD-2530: p4 (3);
49 CFR 24: .307; HUD-53012A: s7;
1378.0 Hbk: Intro; s8-201; HUD-53012B: Att6 Intro;
Ap18 Att6.1;
ASSISTED PROGRAMS ................. 7 HUD-5370: s15; s29; s46d;
HUD-51915: E1.17; 1378.0 Hbk: s1-8; s2-2;
HUD-51975-A: s1.7; s4-7; s8-45 (2); s8-150;
1378.0 Hbk: s1-8; s7-21; 4910.1 Hbk: s100-4;
7417.1 Hbk: s3-42; s3-43; 7417.1 Hbk: s3-167
s3-44 ASSOCIATES ................................... 1
ASSISTED PROJECT..................... 34 24 CFR 51: .208
24 CFR 58: .2; ASSOCIATION .............................. 76
24 CFR 135: .9; 24 CFR 35: .1330 (2);
24 CFR 941: .207; 24 CFR 42: .350 (3);
24 CFR 968: .108 (2); 24 CFR 50: .19;
24 CFR 970: .5 (4); 24 CFR 55: .3; .12;
49 CFR 24: .603; 24 CFR 87: .105;
1378.0 Hbk: s1-8; s8-2; 24 CFR 135: .5 (2); .40;
s8-3; s8-23; s8-34; .92 (2);
s8-36; s8-43; s8-53; 24 CFR 941: .610;
s8-85; s8-103; s8-112 (3); 24 CFR 965: .205;
s8-113; s8-114; s8-123; 49 CFR 24: .2;
s8-134; s8-185; s8-192; HUD-5370-C: s13a;
s8-201; s8-214 (2); s8-222; 1378.0 Hbk: s1-4; s1-12;
7417.1 Hbk: s3-125 s1-19; s7-16 (3); Ap25;
ASSISTED PROJECTS .................... 2 Ap26;
4910.1 Hbk: ApA; ApB (19); 7417.1 Hbk: s3-113
ApH (21); ApI (2); ApK; ASSUMPTION ................................15
7417.1 Hbk: T/C; s3-113 (3); 24 CFR 58: .4 (6); .6; .77;
s6-39; s11-12 24 CFR 902: .83;
ASSOCIATION/ ................................4 49 CFR 24: .401 (2);
7417.1 Hbk: s3-113 (4) HUD-51971: p3;
ASSOCIATION/CORPORATION ..11 1378.0 Hbk: s3-3 (2); Ap20
7417.1 Hbk: s3-113 (11) ASSUMPTION FEES ........................4
ASSOCIATION/CORPORATION'S .2 49 CFR 24: .401 (2);
7417.1 Hbk: s3-113 (2) 1378.0 Hbk: s3-3 (2)
ASSOCIATIONS ...............................9 ASSUMPTIONS ..............................10
24 CFR 87: .300; 24 CFR 51: .106;
24 CFR 135: .92; 24 CFR 58: .53 (3);
HUD-5370-C: s13b; 24 CFR 941: .606;
1378.0 Hbk: s8-72; s8-75; 24 CFR 971: .13;
7417.1 Hbk: s3-113 (3); s6-39 49 CFR 24: .103;
HUD-92264: p8;
ASSOCIATION'S ..............................1 1378.0 Hbk: s5-3; Ap20
7417.1 Hbk: s3-113
ASSURANCE ..................................30
ASSUME ..........................................26 24 CFR 8: .50 (4);
24 CFR 50: .1 (2); .4 (4); 24 CFR 41: .3 (4);
.5; .10; .57; .72; 24 CFR 902: .63;
24 CFR 902: .5; .83; 24 CFR 941: .207;
24 CFR 968: .305; .315; 24 CFR 968: .108; .135;
.325; 49 CFR 24: .4;
24 CFR 971: .5; .7; HUD-52651-A: p2; p7;
24 CFR 972: .127; .130; HUD-5369: Intro; s9 (2);
49 CFR 24: .6; s10 (4);
HUD-51915: C2.4; HUD-5370: s1;
HUD-5370: s7; s11; 1378.0 Hbk: s1-29; s8-89;
HUD-5370-C: s16; 7417.1 Hbk: s3-74; s3-129;
1378.0 Hbk: s6-1; s4-2; s6-25; s11-18
4910.1 Hbk: s102-1
ASSURANCE OF COMPLETION ...8
ASSUME MANAGEMENT 24 CFR 968: .135;
RESPONSIBILITY ............................1 HUD-5369: Intro; s9 (2);
24 CFR 902: .83 s10 (3);
ASSUMED .......................................27 HUD-5370: s1
24 CFR 51: .208; ASSURANCE OF COMPLIANCE ...4
24 CFR 58: .77; 24 CFR 41: .3;
24 CFR 902: .5 (2); .60 (3); 24 CFR 941: .207;
24 CFR 971: .3; 24 CFR 968: .108;
24 CFR 972: .109; .124; 1378.0 Hbk: s1-29
.212; ASSURANCES ................................32
49 CFR 24: .306 (2); .402; 24 CFR 8: .28; .50 (3);
HUD-50072: p1; 24 CFR 51: .106; .202; .303;
HUD-92264: p4; 24 CFR 902: .79;
1378.0 Hbk: s1-8 (3); s3-4.; 24 CFR 941: .606 (3);
s4-5; s4-6; s8-83; .610 (2);
Ap20 (2); 24 CFR 968: .320; .325 (2);
4910.1 Hbk: ApK; 24 CFR 970: .11 (3);
7417.1 Hbk: s3-123 49 CFR 24: .2; .4 (6); .601;
ASSUMED MANAGEMENT .603;
RESPONSIBILITIES .........................1 HUD-2516: p1;
24 CFR 902: .5 7417.1 Hbk: s6-2; s7-75;
s11-18
ASSUMES .........................................9 ASSURANCES-- ...............................1
24 CFR 35: .98;
24 CFR 58: .4; 49 CFR 24: .4
24 CFR 902: .5; .77; ASSURE...........................................64
HUD-5370: s7; s20; s34; 24 CFR 8: .1; .27; .28;
HUD-92264: p7; .50;

24 CFR 35: .510; 24 CFR 51: .201
24 CFR 41: .4; .6; ATTACH ......................................... 39
24 CFR 50: .3 (2); .10; 24 CFR 35: .80;
24 CFR 51: .102; HUD-2530: p3 (2); p4 (3);
24 CFR 55: .2; HUD-5087: Intro; s14;
24 CFR 58: .77; HUD-51001: p2;
24 CFR 941: .207; .402; HUD-51002: p1 (4); p3;
.606; .610; HUD-52481: s3 (2);
24 CFR 943: .130; HUD-52484: p2; p3 (2);
24 CFR 965: .215; HUD-52651-A: p1; p2; p6;
24 CFR 968: .108; .419; p7 (6); p8 (3);
24 CFR 970: .6; .7; .11 (2); HUD-52825: p2 (3); piii;
24 CFR 971: .3; HUD-52832: p2 (3); p3
24 CFR 972: .124 (2);
49 CFR 24: .6; .104; .204; ATTACHED.................................... 57
.205; 24 CFR 8: .29;
HUD-52190-A: p1 (3); 24 CFR 35: .86; .110; .1200;
HUD-52481: Att; .1330 (2);
HUD-52484: p5; 24 CFR 55: .27;
HUD-5370: s27; 49 CFR 24: .502;
1378.0 Hbk: s2-2; s2-5 (2); HUD-2530: p1 (2); p2;
s3-7; s5-4; s8-2; s8-22; HUD-50070: p1;
s8-32; s8-42; s8-63; HUD-5087: s3; s9;
s8-73; s8-82; s8-93; HUD-51971: p1; p2;
s8-102; s8-123; s8-132; HUD-52427: p1;
s8-162; HUD-52484: p4;
4910.1 Hbk: s201; ApK; HUD-52540: p2;
7417.1 Hbk: s3-113 (2); HUD-52651-A: p1; p2 (5);
s3-122; s3-147; s6-4; p3 (2); p4 (5); p6;
s6-41; s7-73 p7 (2); p8 (3);
HUD-52840A: p1 (4);
ASSURED ......................................... 2 HUD-53012B: Att5.17;
49 CFR 24: .204; HUD-5369: s10;
1378.0 Hbk: s1-6 HUD-5370: s46a; s47a;
ASSURES.......................................... 2 HUD-92264: p4;
24 CFR 941: .103; 1378.0 Hbk: s3-8; s5-9 (2);
4910.1 Hbk: s301-1 Ap20 (2);
ASSURING ....................................... 9 4910.1 Hbk: s100-2; ApE;
24 CFR 35: .210; .820; 7417.1 Hbk: s7-122; s8-73;
24 CFR 58: .6; s11-12
24 CFR 965: .215; ATTACHMENT.............................. 66
24 CFR 971: .3; .7; 24 CFR 35: .92 (4); .1330;
49 CFR 24: .108; HUD-51971: p3 (2);
7417.1 Hbk: s1-4; s3-73 HUD-52481: Att (2);
AT LEAST 51 PERCENT................. 9 HUD-52484: p2; p4 (2); p6;
24 CFR 902: .25; HUD-53012A: s21;
24 CFR 963: .5; HUD-53012B: Intro (8); Att1;
HUD-5369-A: s7 (3); s8; Att2 (3); Att3; Att4;
HUD-5369C: s2 (3) Att5 Intro (4); Att5.10;
Att6 Intro (2); Att6.1;
AT LEAST ONE UNIT..................... 1 Att6.2; Att6.4 (3);
24 CFR 8: .22 Att6.5 (7); Att6.6 (3);
AT ONE TIME .................................. 2 Att6.7 (5); Att6.8 (2);
24 CFR 968: .102; Att6.9 (3); Att7.1;
49 CFR 24: .4 HUD-5369: s1; s12 (2);
AT RISK ............................................ 2 HUD-5370: s9;
24 CFR 35: .92; 7417.1 Hbk: s11-18
24 CFR 902: .67 ATTACHMENTS ........................... 16
ATLANTA ........................................ 2 HUD-2530: p3;
HUD-52481: Att; HUD-52484: p4 (2); p5;
4910.1 Hbk: ApH p6 (3); p8;
HUD-53012B: Intro;
ATMOSPHERIC PRESSURE .......... 1 4910.1 Hbk: s615-2; ApK;
7417.1 Hbk: s5-15; s5-16; AUDIO ...............................................2
s7-36; s7-93; s8-32 24 CFR 8: .3;
ATTACHMENTS' .............................1 24 CFR 35: .125
HUD-52651-A: p4 AUDIO RECORDINGS ....................1
ATTENDANT CARE ........................1 24 CFR 8: .3
1378.0 Hbk: s7-22 AUDIO-VISUAL ...............................1
ATTENUATION .............................22 24 CFR 8: .21
24 CFR 51: .100; .101 (5); AUDIO-VISUAL MATERIALS .......1
.103 (6); .104 (9); .105 24 CFR 8: .21
ATTIC ..............................................10 AUDIT .............................................71
49 CFR 24: .603; 24 CFR 902: .33; .35;
HUD-52651-A: p4; .50 (2); .63 (9); .67;
1378.0 Hbk: s1-6; .69; .75 (6); .79;
4910.1 Hbk: c4; s403-1 (3); 24 CFR 941: .209 (2); .501;
Idx (2); 24 CFR 943: .130 (4); .146;
7417.1 Hbk: s10-20 24 CFR 965: .205 (2); .302;
ATTIC SPACE ...................................6 .308;
49 CFR 24: .603; 24 CFR 968: .112 (3); .115;
1378.0 Hbk: s1-6; .145 (5); .305; .320 (2);
4910.1 Hbk: s403-1 (3); .325; .335; .425;
7417.1 Hbk: s10-20 .428 (4);
ATTIC SPACES ................................1 24 CFR 970: .14;
4910.1 Hbk: c4 HUD-50072: p2 (3);
HUD-51915: E1.5;
ATTIC VENTILATION ....................1 HUD-51975-A: s1.5;
4910.1 Hbk: Idx HUD-52837: p1 (2);
ATTITUDES OF OTHERS ...............1 HUD-53012A: s15 (2);
24 CFR 8: .3 HUD-5370: s45;
ATTORNEY ....................................27 HUD-5370-C: s7;
24 CFR 35: .96; HUD-92264: p4 (3);
49 CFR 24: .2 (2); .107; 1378.0 Hbk: s1-32; s6-1;
HUD-51915: A1.2; 7417.1 Hbk: s4-29
HUD-5369: s10 (2); AUDIT COMMITTEE .......................2
1378.0 Hbk: s5-7; 24 CFR 902: .63; .75
7417.1 Hbk: s2-5; s3-14; AUDIT CONDUCTED ......................2
s3-17 (6); s3-19 (2); 24 CFR 968: .335; .425
s4-24; s8-4; s8-81 (2);
s11-14; s11-16; s11-18 (2); AUDIT COSTS ..................................2
s11-27 24 CFR 968: .112 (2)
ATTORNEY FEES ............................1 AUDIT FINDINGS ............................5
24 CFR 35: .96 24 CFR 941: .501;
24 CFR 968: .305; .320;
ATTORNEY GENERAL ...................2 .325;
49 CFR 24: .2 (2) 7417.1 Hbk: s4-29
ATTORNEYS' OPINIONS ................1 AUDIT REPORT ...............................1
HUD-53012B: Att5.1 24 CFR 902: .63
ATTORNEYS ....................................5 AUDIT REQUIREMENTS................3
HUD-2530: p3; 24 CFR 941: .209;
1378.0 Hbk: s5-3; 24 CFR 968: .145; .428
7417.1 Hbk: T/C; s3-17;
s3-61 AUDIT REVIEW ...............................2
24 CFR 902: .75 (2)
ATTORNEYS' ...................................1
HUD-53012B: Att5.1 AUDIT SERVICES............................1
24 CFR 902: .69
ATTRIBUTES ...................................4
1378.0 Hbk: Ap20 (4) AUDIT VERIFICATION ..................3
24 CFR 968: .145; .428;
AUDIBLE ..........................................1 HUD-53001: p1
24 CFR 965: .805
AUDITED ........................................14
AUDIENCE .......................................1 24 CFR 902: .33 (2); .50;
1378.0 Hbk: s2-2 .60 (5); .63 (2);

24 CFR 965: .205 (2); 24 CFR 941: .102;
24 CFR 968: .428; 24 CFR 965: .205;
HUD-53001: p1 49 CFR 24: .2;
AUDITED FINANCIAL DATA ....... 1 HUD-53012A: s11;
24 CFR 902: .33 HUD-5370: s16; s20; s28;
7417.1 Hbk: s3-15; s3-19;
AUDITED FINANCIAL STATEMENT s3-113; s3-162 (2); s5-11;
........................................................... 5 s7-4; s7-122; s8-4;
24 CFR 902: .60 (4); s8-42; s11-3; s11-15
24 CFR 965: .205 AUTHORIZE .................................. 22
AUDITED FINANCIAL 24 CFR 969: .107;
STATEMENTS ................................. 1 24 CFR 971: .13;
24 CFR 902: .33 24 CFR 972: .109; .139;
.212;
AUDITED REPORT ......................... 1 HUD-5370: s1; s27;
24 CFR 902: .60 1378.0 Hbk: s3-3; s3-4.;
AUDITING........................................ 3 7417.1 Hbk: s3-15; s3-18;
24 CFR 965: .205; s3-32; s3-135; s3-137;
1378.0 Hbk: s8-8; s8-49 s3-146; s4-14; s5-24;
s8-73; s9-102; s10-132 (2);
AUDITOR ......................................... 5 s11-12
24 CFR 902: .60 (2); .71;
24 CFR 965: .205 (2) AUTHORIZED ............................. 224
24 CFR 8: .3;
AUDITOR'S ...................................... 1 24 CFR 35: .96; .110; .170;
24 CFR 902: .67
.1310; .1315; .1320 (3);
AUDITORY ...................................... 2 .1325; .1340;
24 CFR 51: .101; 24 CFR 50: .2;
4910.1 Hbk: s400-1 24 CFR 55: .1; .26;
AUDITS .......................................... 22 24 CFR 58: .1 (6); .2 (2);
24 CFR 902: .71 (3); .4; .75; .76; .77;
24 CFR 965: .205; .215; 24 CFR 70: .5;
.301; .302 (4); .305; 24 CFR 87: .110; .200; .205;
.307; .502; .300;
24 CFR 968: .112; .315 (2); 24 CFR 135: .7; .76; .92;
HUD-2530: p1 (3); 24 CFR 902: .60; .79 (2);
HUD-52834: p6; 24 CFR 905: .10 (2);
HUD-52836: p1; 24 CFR 941: .102 (2); .205;
1378.0 Hbk: s1-32 .303; .305; .401 (2);
.403 (2); .602; .604;
AUGUST ........................................... 5 24 CFR 943: .124;
24 CFR 40: .2 (2);
24 CFR 945: .101;
24 CFR 941: .102;
24 CFR 965: .205 (2);
HUD-52540: p2;
24 CFR 968: .210; .335;
1378.0 Hbk: s8-146
.425;
AUTHENTIC .................................... 1 49 CFR 24: .2 (2); .10;
7417.1 Hbk: s2-5 .102; .105; .208;
AUTHORITY RESIDENT-OWNED HUD-2516: p1;
HUD-2530: p3; p4;
BUSINESSES.................................... 1 HUD-50070: p1 (4); p2;
24 CFR 135: .40 HUD-51000: p1;
AUTHORITY RESIDENTS ............. 1 HUD-51001: p2 (7);
24 CFR 965: .205 HUD-51002: p1 (3);
AUTHORITY TO ACQUIRE ........... 9 HUD-51915: C2.3; E1.5;
49 CFR 24: .2 (2); .101 (2); HUD-51975-A: s1.5;
1378.0 Hbk: s1-11; s1-23; HUD-51971: p3 (3);
s5-1 (2); s8-36 HUD-52190-A: p1 (12);
HUD-52481: s9;
AUTHORITY'S ................................. 1 HUD-52484: p3 (6); p5;
HUD-52481: Att HUD-52540: p1; p2;
AUTHORIZATION ........................ 24 HUD-52651-A: p5 (2);
24 CFR 35: .165 (3); HUD-53012A: s8; s10; s15;
24 CFR 58: .22; .71; s17; s22;
HUD-53012B: Att2; Att3; 24 CFR 941: .401; .403
Att4; Att5.6; Att5.10; AUTHORIZED TO DO BUSINESS .3
Att6.2; Att6.11; Att7.1; 24 CFR 965: .205;
Att7.2 (2); HUD-5369: s9; s10
HUD-5369: s1 (2); s3;
s5 (3); s9; s10; AUTHORIZES .................................15
HUD-5369-A: s1 (2); 24 CFR 941: .101; .600;
HUD-5369-B: s2 (2); s3; 24 CFR 943: .100;
s6 (3); 24 CFR 970: .9;
HUD-5369C: s3 (2); s5 (3); 49 CFR 24: .603;
HUD-5370: s1 (2); s2; s16; HUD-53012B: Att1 (2);
s17; s20 (2); s28; s39; 1378.0 Hbk: s3-5; s3-6 (2);
s45 (2); s46a (2); s46b; s8-62;
s46c; s46j; s47c; s47g; 7417.1 Hbk: s1-1; s2-3;
HUD-5370-C: s7 (2); s13b (2); s11-16; s11-17
s14; AUTHORIZING ..............................16
1378.0 Hbk: s1-33; s3-6; 24 CFR 40: .2;
s5-2; s5-5; s6-1; s7-21; 24 CFR 902: .83;
s8-47 (3); Ap20; 24 CFR 965: .205;
7417.1 Hbk: s2-2; s3-2; 24 CFR 968: .101;
s3-13; s3-15; s3-18; 49 CFR 24: .307;
s3-32; s3-79; s3-131; HUD-53012B: Att5.12;
s3-136; s3-162; s3-179; 1378.0 Hbk: s4-7; s7-21;
s5-3; s6-5; s6-29 (3); 7417.1 Hbk: s3-15; s3-18;
s6-41; s7-4; s7-34; s3-162; s5-14; s6-29;
s7-72; s7-92 (2); s7-94; s7-92; s11-2; s11-18
s7-95; s7-122 (6); s8-32; AUTHORIZING OFFICIAL .............1
s8-42; s8-63; s9-15 (2); 24 CFR 965: .205
s9-65; s10-3; s10-86;
s11-12; s11-14; s11-15; AUTISM.............................................1
s11-17; s12-11 24 CFR 8: .3
AUTHORIZED AGENT....................3 AUTO .................................................1
HUD-5369-A: s1; HUD-51994: p8
HUD-5369C: s3; AUTO/TRUCK ..................................1
HUD-5370: s1 24 CFR 51: .106
AUTHORIZED DESIGNEE..............2 AUTOMATED...................................2
49 CFR 24: .10; HUD-2530: p4;
1378.0 Hbk: s1-33 7417.1 Hbk: s1-5
AUTHORIZED REPRESENTATIVE15 AUTOMATIC ....................................8
24 CFR 135: .76; 24 CFR 902: .33; .60;
24 CFR 943: .124; 24 CFR 968: .103; .112;
HUD-51001: p2 (2); 24 CFR 972: .236;
HUD-51004: p1; HUD-51994: p2;
HUD-52651-A: p5; 4910.1 Hbk: s100-2;
HUD-5369: s5; 7417.1 Hbk: s3-92
HUD-5369-B: s6;
HUD-5370: s1; s20; s46a (2);
AUTOMATIC INCREASE ...............1
24 CFR 968: .112
s46b; s46j; s47g
AUTHORIZED REPRESENTATIVES AUTOMATIC ONE MONTH
..........................................................12 EXTENSION .....................................2
24 CFR 902: .33; .60
HUD-51004: p1;
HUD-51915: E1.5; AUTOMATIC TEMPERATURE
HUD-51975-A: s1.5; LIMIT CONTROLS ...........................1
HUD-53012A: s15; 4910.1 Hbk: s100-2
HUD-53012B: Att5.10;
HUD-5370: s45 (2); s46c;
AUTOMATICALLY .........................7
24 CFR 902: .43;
s47c;
1378.0 Hbk: s8-83;
HUD-5370-C: s7 (2);
4910.1 Hbk: s100-2;
1378.0 Hbk: Ap20
7417.1 Hbk: s3-32; s3-123;
AUTHORIZED TO ACQUIRE TITLE s3-165; s6-6
............................................................2

AUTOMATICALLY EXCLUDED .. 1 HUD-53012A: s11;
24 CFR 902: .43 HUD-53012B: Att5.15; Att5.16;
Att6.5 (4); Att6.6 (2);
AUTOMOBILE ................................. 7 HUD-5370: T/C; s2; s7;
24 CFR 941: .202; s15; s40;
HUD-53012B: Att7.1; 1378.0 Hbk: s2-2 (2);
HUD-5370: s36 (2); s2-5 (2); s2-6; s6-2;
4910.1 Hbk: s303-2; s8-145; Ap1;
7417.1 Hbk: s3-32 (2) 7417.1 Hbk: T/C; s3-73;
AUTOMOBILE COLLISION........... 1 s3-74; s3-78; s3-131;
7417.1 Hbk: s3-32 s3-146; s3-162; s3-166;
AUTOMOBILE EXHAUSTS ........... 1 s4-2; s4-12; s4-29 (2);
4910.1 Hbk: s303-2 s6-4 (2); s6-5; s6-25;
s7-43; s7-75; s7-102 (2);
AUTOMOBILE LIABILITY ............ 2 s8-65; s10-29
HUD-5370: s36 (2)
AVAILABILITY OF COMMUNITY
AUTOMOBILE LIABILITY SERVICES ........................................ 1
INSURANCE .................................... 1 24 CFR 941: .203
7417.1 Hbk: s3-32
AVAILABILITY OF FUNDING...... 2
AUTOMOTIVE ................................ 2 24 CFR 135: .9;
HUD-52484: p2; p5 7417.1 Hbk: s4-29
AUTOMOTIVE EQUIPMENT ........ 1 AVAILABILITY OF FUNDS .......... 7
HUD-52484: p2 24 CFR 968: .104 (2); .310;
AUXILIARY ..................................... 6 .315 (3);
24 CFR 8: .3 (3); .33; HUD-53012A: s11
1378.0 Hbk: s7-22; AVAILABLE ACCESSIBLE UNITS1
4910.1 Hbk: s100-2 24 CFR 8: .28
AUXILIARY AIDS........................... 3 AVAILABLE DATA ........................ 9
24 CFR 8: .3 (3) 24 CFR 51: .106;
AUXILIARY ALARMS ................... 1 24 CFR 968: .103 (3);
24 CFR 8: .33 24 CFR 970: .8;
24 CFR 972: .221;
AUXILIARY APPARATUS............. 1 49 CFR 24: .102;
1378.0 Hbk: s7-22
1378.0 Hbk: s5-2;
AVAILABILITY ........................... 110 7417.1 Hbk: s4-25
24 CFR 8: .25; .27; .28;
24 CFR 35: .125; .700; .725;
AVAILABLE EVIDENCE ............... 2
24 CFR 941: .501;
.900 (2); .1000 (2); .1200;
24 CFR 968: .335
24 CFR 40: .7;
24 CFR 50: .19; .23; .34; AVAILABLE FINANCIAL
24 CFR 55: .22; RESOURCES .................................... 1
24 CFR 135: .9 (2); .38; 24 CFR 902: .35
24 CFR 902: .25; .71;
24 CFR 905: .10; AVAILABLE FOR INSPECTION ... 9
24 CFR 941: .103; .203; 24 CFR 58: .38;
.301; .404; .610 (3); 24 CFR 963: .5;
24 CFR 945: .203 (2); .205; 24 CFR 965: .502 (3);
.303; HUD-53012B: Att5.10;
24 CFR 965: .508; HUD-5369-B: s5;
24 CFR 968: .101; .103; HUD-5370: s46c; s47c
.104 (3); .310; .315 (3); AVAILABLE FOR OCCUPANCY .. 9
.330; .422; 24 CFR 42: .375;
24 CFR 970: .4; .11; 24 CFR 945: .203 (3);
24 CFR 972: .218 (2); 24 CFR 968: .103 (2);
.224 (2); HUD-52423: p1 (2);
49 CFR 24: .204; .205 (2); HUD-53012B: Att5.15
.404; .603 (2); AVAILABLE FUNDING ................. 6
HUD-51915: E1.12; 24 CFR 968: .210;
HUD-51975-A: s1.12; HUD-5369: s8 (5)
HUD-52344: p1 (4);
HUD-52832: p2 (3); AVAILABLE FUNDS ...................... 2
24 CFR 965: .305; AVERAGE NUMBER OF DAYS .....4
HUD-53012B: Att5.4 24 CFR 902: .7; .35; .43;
AVAILABLE METHODS .................2 HUD-50072: p2
24 CFR 8: .21; .24 AVERAGE PEAK NUMBER ...........1
AVAILABLE POINTS ......................9 24 CFR 55: .2
24 CFR 135: .92; AVERAGE SOUND LEVEL ..........21
24 CFR 902: .7; .25; 24 CFR 51: .101 (3); .103 (8);
.35 (2); .45; .53; .104 (2); .106 (8)
.67 (2)
AVERAGE TIME ..............................6
AVAILABLE RESOURCES .............3 24 CFR 902: .7 (6)
24 CFR 970: .13;
1378.0 Hbk: s8-147; Ap1 AVERAGE TOTAL DEVELOPMENT
AVAILABLE TO THE COMMUNITY COST ..................................................2
24 CFR 971: .13 (2)
............................................................1
24 CFR 970: .7 AVERAGE UTILITY COSTS...........4
1378.0 Hbk: s7-9; s8-164;
AVERAGE ANNUAL GROSS s8-222; Ap4
INCOME ............................................2 AVERAGE UTILITY RATE.............2
49 CFR 24: .2; 24 CFR 965: .506 (2)
1378.0 Hbk: s4-5
AVERAGES.......................................1
AVERAGE ANNUAL GROSS 24 CFR 971: .13
RECEIPTS .........................................2 AVERAGING ....................................6
49 CFR 24: .2; 24 CFR 51: .106 (4);
1378.0 Hbk: s4-5 24 CFR 941: .306;
AVERAGE ANNUAL NET 24 CFR 971: .13
EARNINGS ......................................13 AVOID .............................................35
49 CFR 24: .2; .306 (5); 24 CFR 50: .18;
1378.0 Hbk: s4-5 (6); Ap7 24 CFR 55: .2;
AVERAGE DATES OF 24 CFR 902: .25;
24 CFR 941: .202;
CONSTRUCTION .............................5 24 CFR 968: .235;
24 CFR 905: .10 (4); 24 CFR 970: .13;
24 CFR 968: .103 49 CFR 24: .207; .401;
AVERAGE HOUSEHOLD INCOME2 .603 (3);
1378.0 Hbk: Ap25; Ap26 HUD-2530: p4 (2);
AVERAGE MONTHLY UTILITY HUD-51915: C2.3;
HUD-5370: s9; s13; s16;
COSTS .............................................51 1378.0 Hbk: s1-14; s1-30;
24 CFR 42: .305; s2-7; s3-3; s5-6; s8-47;
24 CFR 941: .207; s8-87 (2);
24 CFR 968: .108; 4910.1 Hbk: Intro; s306;
24 CFR 970: .5; 7417.1 Hbk: s3-77 (2);
49 CFR 24: .2; s3-127 (2); s7-43; s7-75;
1378.0 Hbk: s1-6 (2); s10-24; s10-29
s3-4. (5); s3-5 (3); s6-2;
s7-6; s7-7; s7-20; AVOIDABLE.....................................2
s8-3 (2); s8-23 (2); 1378.0 Hbk: s8-83;
s8-34 (2); s8-43 (2); 7417.1 Hbk: s3-123
s8-53 (2); s8-64 (2); AVOIDABLE CLAIMS ....................2
s8-74 (2); s8-85; s8-94; 1378.0 Hbk: s8-83;
s8-103; s8-114; s8-124 (2); 7417.1 Hbk: s3-123
s8-134 (2); s8-164; AVOIDED ..........................................5
s8-173 (2); s8-185 (2); 24 CFR 965: .505;
s8-222; Ap2; Ap8 (2); 7417.1 Hbk: s3-76 (4)
7417.1 Hbk: s3-125
AVOIDING ........................................1
AVERAGE NUMBER OF 7417.1 Hbk: s3-73
BEDROOMS ......................................6 AWARD OF THE ASSISTANCE .....1
24 CFR 905: .10 (4); 24 CFR 58: .35
24 CFR 968: .103 (2)
AWARD OF THE CONTRACT .......5

HUD-5369: s7; HUD-53012B: Att1; Att5.17 (2);
HUD-5369-B: s4 (2); Att6.5 (2); Att6.6;
HUD-5370-C: s8; Att6.7 (2);
7417.1 Hbk: s3-162 HUD-92264: p1; p2; p3;
AWARD PROCEDURES ................. 1 1378.0 Hbk: s3-3 (3); Ap5;
24 CFR 968: .135 4910.1 Hbk: s403-1
AWAY FROM HOME...................... 2 BALANCE OF CREDITS ................ 1
49 CFR 24: .303; 24 CFR 968: .310
1378.0 Hbk: s4-2 BALANCES ...................................... 1
AWNING .......................................... 1 24 CFR 968: .112
4910.1 Hbk: s609-3 BALCONIES ..................................... 2
AWNING SASH ............................... 1 4910.1 Hbk: s402-1 (2)
4910.1 Hbk: s609-3 BALCONY ........................................ 1
AWNINGS ........................................ 2 24 CFR 902: .23
49 CFR 24: .502; BALCONY/PATIO ........................... 1
1378.0 Hbk: s3-8 HUD-92264: p3
BACK SPLASH ................................ 1 BALDCYPRESS ............................... 1
4910.1 Hbk: s611-1 4910.1 Hbk: s609-3
BACKFILL........................................ 3 BALUSTERS .................................... 2
HUD-51000: p2; HUD-5087: Intro;
7417.1 Hbk: s3-175 (2) 4910.1 Hbk: s402-1
BACKGROUND ............................. 13 BAN ................................................... 1
24 CFR 51: .106; .203; .208; HUD-5370-C: s13b
1378.0 Hbk: T/C (3); s3-5; BANK .............................................. 18
s7-1; s7-20; s8-92; HUD-53012B: Intro (4); Att1;
s8-122; Att5.6; Att6 Intro (2);
4910.1 Hbk: s101-3; ApK HUD-5369: s9 (2);
BACKLOG ...................................... 25 HUD-5370: s35;
24 CFR 968: .103 (25) HUD-5370-C: s5;
BACKLOG NEED .......................... 14 1378.0 Hbk: s1-11; s7-16;
24 CFR 968: .103 (14) Ap20;
7417.1 Hbk: s6-29; s7-34;
BACKLOG NEEDS .......................... 4 s7-84
24 CFR 968: .103 (4)
BANK DRAFT .................................. 1
BACKLOGS...................................... 1 HUD-5369: s9
7417.1 Hbk: s1-5
BANK DRAFTS ............................... 1
BACKSPLASH ................................. 1 HUD-5369: s9
HUD-5087: s11
BANK REPRESENTATIVE ............ 2
BACK-UP.......................................... 2 7417.1 Hbk: s6-29; s7-34
7417.1 Hbk: s3-149 (2)
BANKS.............................................. 1
BACK-UPS ....................................... 2 49 CFR 24: .2
24 CFR 902: .23;
24 CFR 941: .202 BANNED .......................................... 3
24 CFR 35: .110; .115; .135
BACTERIALLY ............................... 1
4910.1 Hbk: ApK BARGAINING .................................. 8
24 CFR 135: .38;
BACTERIOLOGICAL...................... 3 24 CFR 965: .101;
4910.1 Hbk: s615-2; ApK (2) HUD-51915: E1.12;
BAD WEATHER .............................. 1 HUD-51975-A: s1.12;
49 CFR 24: .603 HUD-5370: s39; s40;
BALANCE ...................................... 56 HUD-5370-C: s14; s18
24 CFR 902: .35 (9); BARRIER ........................................ 16
24 CFR 968: .104; .310; 24 CFR 35: .110 (2);
24 CFR 970: .8; 24 CFR 50: .4 (2);
49 CFR 24: .401 (8); .603 (2); 24 CFR 51: .106 (4); .205;
HUD-51001: p2 (6); 24 CFR 58: .6 (3);
HUD-52484: p1; p2; p4 (2); 24 CFR 968: .110;
HUD-52842: p1 (3); p3 (5); 4910.1 Hbk: s606-1 (2); ApE
BARRIERS ......................................24 BASE MONTHLY RENT .................6
24 CFR 8: .1; 1378.0 Hbk: s1-6; s3-4. (5)
24 CFR 41: .4 (2); .5 (2); BASE MONTHLY RENTAL ............5
.6 (4); 49 CFR 24: .2; .402 (4)
24 CFR 50: .20;
24 CFR 51: .106; BASE PAYMENTS ...........................1
24 CFR 58: .35; HUD-52481: Att
24 CFR 968: .110 (3); BASE PROJECT PROTOTYPE COST
49 CFR 24: .2; .404; ..........................................................39
1378.0 Hbk: s1-7; s3-6; 7417.1 Hbk: T/C; s3-177 (4);
4910.1 Hbk: s302-2; s606-1; s3-178; s3-179 (2);
Idx; s5-12 (5); s6-42; s6-43;
7417.1 Hbk: s3-43; s10-20 s6-44; s7-83 (8);
BARRIERS TO THE HANDICAPPED s9-72 (8); s10-102 (7)
............................................................2 BASE PROJECT PROTOTYPE COST
49 CFR 24: .404; ..........................................................39
1378.0 Hbk: s3-6 7417.1 Hbk: T/C; s3-177 (4);
BARS .................................................4 s3-178; s3-179 (2);
24 CFR 8: .3; s5-12 (5); s6-42; s6-43;
4910.1 Hbk: s100-2 (2); c100-3 s6-44; s7-83 (8);
BASE ................................................97 s9-72 (8); s10-102 (7)
24 CFR 58: .38; BASE TRIM .......................................1
24 CFR 905: .10 (3); 4910.1 Hbk: s609-3
24 CFR 968: .103 (6); .305; BASEBOARD ....................................3
49 CFR 24: .2; .402 (4); 24 CFR 35: .110; .1330;
HUD-5087: s2 (2); s11; HUD-5087: s15
HUD-51000: p2;
HUD-51994: p3; BASEBOARDS .................................2
HUD-52481: Att; 24 CFR 35: .1330; .1350
HUD-52484: p5; BASELINE.........................................2
HUD-53012B: Att5.4; 24 CFR 902: .73; .75
HUD-5370: s2; s13;
1378.0 Hbk: s1-6; s3-4. (5);
BASELINE DATA ............................2
24 CFR 902: .73; .75
s4-5 (2); Ap5; Ap6; Ap25;
Ap26; BASEMENT ....................................28
4910.1 Hbk: s602-2; 49 CFR 24: .603 (2);
s603-1 (5); s609-3; s609-4; HUD-5087: s3;
Idx; ApC (3); ApE; HUD-51994: p8;
ApK (4); HUD-52651-A: p4 (2);
7417.1 Hbk: T/C; s1-5; HUD-92264: p1 (3); p7;
s3-177 (4); s3-178; 1378.0 Hbk: s1-6 (2); s3-2;
s3-179 (2); s5-12 (5); 4910.1 Hbk: s402-1; s403-1;
s6-21; s6-42; s6-43; ApA; ApK;
s6-44; s7-83 (8); 7417.1 Hbk: T/C; s3-146;
s9-72 (8); s10-102 (7); s9-13 (2); s9-52;
s11-12 s10-16 (5); s10-72
BASE BID WITH ADD-ONS ...........1 BASEMENT/GARAGE/CARPORT .1
7417.1 Hbk: s11-12 24 CFR 902: .23
BASE COURSE .................................7 BASEMENT DETAILS .....................1
HUD-5087: s2; 7417.1 Hbk: s10-16
4910.1 Hbk: s603-1 (5); Idx BASEMENT PLAN ...........................1
BASE COURSES ...............................1 7417.1 Hbk: s10-16
4910.1 Hbk: s602-2 BASEMENT PLANS .........................2
BASE DATA......................................1 7417.1 Hbk: s9-52; s10-72
24 CFR 58: .38 BASEMENT RECREATION ROOMS
BASE FLOOD LEVEL ......................3 ............................................................1
4910.1 Hbk: ApK (3) 4910.1 Hbk: ApA
BASE FORMULA AMOUNT...........3 BASEMENT SPACE .........................2
24 CFR 905: .10 (3) 49 CFR 24: .603;

1378.0 Hbk: s1-6 4910.1 Hbk: ApI; ApK
BASEMENT WINDOWS ................. 1 BATHING ......................................... 3
4910.1 Hbk: s402-1 24 CFR 945: .105;
BASEMENTS ................................. 13 4910.1 Hbk: s100-2; Idx
4910.1 Hbk: ApK (6); BATHING FACILITIES ................... 1
7417.1 Hbk: T/C; s3-145 (4); 4910.1 Hbk: s100-2
s10-16; s10-20 BATHROOM .................................. 13
BASES ............................................... 6 24 CFR 35: .110; .1345;
24 CFR 58: .75; 24 CFR 902: .23;
24 CFR 968: .325; .335; 49 CFR 24: .2;
.425; HUD-5087: s9 (2);
HUD-51994: p4; 1378.0 Hbk: s1-7;
7417.1 Hbk: s3-164 4910.1 Hbk: s100-2 (3);
BASIC ACQUISITION POLICIES .. 4 c100-3;
49 CFR 24: .102; .603; 7417.1 Hbk: s3-175; s10-21
1378.0 Hbk: T/C; s5-2 BATHROOM ACCESSORIES......... 3
BASIC ACQUISITION POLICIES HUD-5087: s9 (2);
7417.1 Hbk: s10-21
AND PROCEDURES ....................... 1
1378.0 Hbk: s5-2 BATHROOM FIXTURES ................ 1
7417.1 Hbk: s3-175
BASIC CLASSIFICATIONS ............ 1
7417.1 Hbk: s10-24 BATHROOM WALLS ..................... 1
4910.1 Hbk: c100-3
BASIC CONDITIONS OF
BATHROOMS ................................ 13
ELIGIBILITY.................................... 2 24 CFR 902: .24;
49 CFR 24: .203; HUD-52651-A: p8;
1378.0 Hbk: s2-3 HUD-52832: p2;
BASIC HOURLY RATE .................. 6 HUD-52834: p6;
24 CFR 965: .101 (5); HUD-52837: pii;
HUD-5370: s48 4910.1 Hbk: s100-2; c100-3;
BASIC HOUSING CONDITIONS ... 3 s100-5; s608-3; Idx (2);
24 CFR 902: .20; .23 (2) ApA;
7417.1 Hbk: s3-144
BASIC NECESSITIES ...................... 1
24 CFR 70: .3 BATHTUB ........................................ 4
49 CFR 24: .2;
BASIC NEGOTIATION HUD-5087: s15;
PROCEDURES ................................. 3 1378.0 Hbk: s1-7;
49 CFR 24: .102; .603; 4910.1 Hbk: s401-2
1378.0 Hbk: s5-2 BATHTUBS ...................................... 3
BASIC PROCEDURAL 4910.1 Hbk: s100-2; ApF;
7417.1 Hbk: s10-17
REQUIREMENTS ............................ 1
24 CFR 50: .1 BATTEN STRIPS ............................. 1
4910.1 Hbk: s609-3
BASIC PROPERTY .......................... 1
1378.0 Hbk: Ap20 BATTERY- ....................................... 3
24 CFR 965: .805 (3)
BASIC PROTECTIONS ................... 4
49 CFR 24: .102; BATTERYMARCH .......................... 3
1378.0 Hbk: s5-2 (2); Ap19 4910.1 Hbk: ApH; ApI; ApK
BASIC RECORDKEEPING BATTERY-OPERATED .................. 4
24 CFR 902: .23;
REQUIREMENTS ............................ 6 24 CFR 965: .805 (3)
1378.0 Hbk: T/C; s6-1;
s8-67; s8-78; s8-99; BAY WINDOWS .............................. 2
s8-149 4910.1 Hbk: s508-5;
7417.1 Hbk: s10-21
BASIC RECORDS ............................ 5
HUD-53012B: Att5.10; BEAR INTEREST............................. 3
HUD-5370: s46c (2); s47c (2) 49 CFR 24: .404;
HUD-53012B: Att6.2; Att6.4
BASIN ............................................... 1
7417.1 Hbk: s3-137 BEARING ....................................... 25
24 CFR 58: .47;
BATH AND TOILET ROOMS ........ 2
HUD-5087: s2; 24 CFR 972: .130; .230;
HUD-53012A: Intro (2); s1; HUD-52832: p2
HUD-53012B: Att6.5 (2); BEDROOM SIZES ............................5
Att6.6 (3); Att6.9; 24 CFR 941: .306 (2);
HUD-5370: s7; s12; 24 CFR 968: .112;
HUD-92264: p1; 24 CFR 972: .218;
4910.1 Hbk: s100-5; ApK (3); 7417.1 Hbk: s4-29
7417.1 Hbk: s3-76 (2); s10-17;
s10-20 (4) BEDROOM UNITS ...........................7
24 CFR 42: .375;
BEARING WALL..............................3 24 CFR 971: .13 (6)
7417.1 Hbk: s10-20 (3)
BEDROOMS ....................................47
BEARING WALLS ...........................2 24 CFR 42: .375 (2);
7417.1 Hbk: s10-17; s10-20 24 CFR 51: .101;
BEARINGS ........................................1 24 CFR 905: .10 (4);
7417.1 Hbk: s10-20 24 CFR 941: .610 (2);
BECAUSE OF HANDICAP ..............1 24 CFR 965: .805 (2);
7417.1 Hbk: s3-48 24 CFR 968: .103 (3); .210;
24 CFR 971: .13 (4);
BEDPAN ............................................1 HUD-51994: p3 (3);
4910.1 Hbk: s100-2 HUD-52651-A: p1; p6; p8;
BEDPAN WASHERS ........................1 1378.0 Hbk: Ap8 (3);
4910.1 Hbk: s100-2 4910.1 Hbk: s100-2; s100-4;
BEDROOM ......................................52 7417.1 Hbk: s3-75; s3-132 (2);
24 CFR 35: .110 (2); s3-167; s3-172; s3-174;
24 CFR 42: .375; s3-177; s5-12; s5-25;
24 CFR 941: .306 (5); s6-5; s6-26; s6-39;
.606 (2); .610 (4); s6-42; s7-4; s9-13;
24 CFR 965: .805 (2); s10-12; s10-17
24 CFR 968: .112; .315; BEFORE AND AFTER .....................3
24 CFR 970: .2; .13; 24 CFR 972: .218; .221;
24 CFR 971: .7; .13 (18); 1378.0 Hbk: s7-9
24 CFR 972: .130; .218; BEFORE-AND-AFTER.....................2
.230; 1378.0 Hbk: Ap20 (2)
HUD-51915: A1.2;
HUD-51994: p3; BEFORE-AND-AFTER METHOD ..2
HUD-52484: p4; 1378.0 Hbk: Ap20 (2)
HUD-52832: p1; p2 (2); BEGIN CONSTRUCTION ................3
7417.1 Hbk: s3-132 (2); s4-29; 24 CFR 941: .501;
s5-25 7417.1 Hbk: s3-161; s10-63
BEDROOM ADJUSTMENT FACTOR BEGINNING OF EACH FFY ...........1
............................................................7 24 CFR 968: .103
24 CFR 971: .13 (7) BEHAVIOR .......................................2
BEDROOM ADJUSTMENT 24 CFR 902: .79;
HUD-53012A: s17
FACTORS ..........................................1
24 CFR 971: .13 BEHAVIORAL ..................................1
24 CFR 35: .92
BEDROOM COUNT .........................3
24 CFR 941: .606 (2); BELIEVE .........................................12
HUD-51915: A1.2 24 CFR 41: .5;
24 CFR 135: .74;
BEDROOM DISTRIBUTION ...........4 24 CFR 972: .221;
24 CFR 971: .13; 49 CFR 24: .208 (3);
HUD-52832: p1; p2; HUD-5370: s44 (2);
7417.1 Hbk: s5-25 1378.0 Hbk: Ap5; Ap6; Ap25;
BEDROOM MIX ...............................4 Ap26
24 CFR 941: .610 (4) BELIEVED ........................................3
BEDROOM SIZE ............................10 49 CFR 24: .102;
24 CFR 941: .306 (3); 1378.0 Hbk: s5-2; Ap20
24 CFR 968: .315; BELIEVES .......................................21
24 CFR 970: .2; 24 CFR 58: .11;
24 CFR 971: .7; .13;

24 CFR 135: .76; HUD-51975-A: s1.10;
24 CFR 902: .68; .69 (2); HUD-51994: p2 (2);
24 CFR 968: .335; .425; HUD-52190-A: p1 (6);
49 CFR 24: .4; .10; HUD-52481: s1; s9;
.101 (2); .102 (2); HUD-52484: p1; p4 (2);
HUD-51971: p1; p3; HUD-53012A: s14;
HUD-5369: s12; HUD-5369: s12;
1378.0 Hbk: s1-8; s1-33; HUD-5369C: s3 (2);
s5-2 (2); s8-36 HUD-5370: s20; s23 (2); s35;
BELIEVING ...................................... 1 s36; s41; s46a (3);
HUD-52651-A: p7 HUD-5370-C: s5; s11 (2);
HUD-5372: p1 (3);
BELOW FAIR MARKET VALUE .. 2 HUD-92264: p2;
1378.0 Hbk: s8-87; 1378.0 Hbk: s1-8; s4-5;
7417.1 Hbk: s3-127 s5-2; Ap20 (2)
BELOW GRADE .............................. 2 BENEFIT/COST ............................. 10
HUD-5087: s4; s7 24 CFR 965: .401; .402 (2);
BELOW THE THRESHOLD ........... 1 .403; .404 (2); .406 (3);
24 CFR 902: .67 .407
BENCH.............................................. 1 BENEFITS .................................... 105
HUD-5370: s2 24 CFR 8: .1; .3 (2); .20;
BENCHES ......................................... 1 .21; .24; .50 (2);
HUD-5087: s2 24 CFR 50: .19;
24 CFR 51: .105; .106;
BENCHMARK.................................. 1 24 CFR 58: .35;
49 CFR 24: .603 24 CFR 70: .3 (3); .4 (2);
BENEFICIAL .................................... 7 24 CFR 941: .304; .606;
24 CFR 55: .20 (2); .610;
24 CFR 58: .40; 24 CFR 943: .148;
24 CFR 972: .130; 24 CFR 965: .101 (7);
HUD-2530: p1; 24 CFR 970: .9;
HUD-52481: s9 (2) 49 CFR 24: .2 (2); .102;
.103; .104; .208; .603;
BENEFICIAL VALUES ................... 2 HUD-51975-A: s1.7;
24 CFR 55: .20 (2)
HUD-51971: p2;
BENEFICIALLY .............................. 1 HUD-52190-A: p1 (3);
24 CFR 35: .110 HUD-53012A: s20;
BENEFICIARIES.............................. 4 HUD-53012B: Att5.10 (3);
24 CFR 8: .21; .24; .32; HUD-5370: s29; s46a (9);
1378.0 Hbk: s8-192 s46c (5); s46d (7);
s48 (2);
BENEFICIARY ................................. 5 1378.0 Hbk: T/C (2); s5-2;
24 CFR 8: .3;
s5-3; s5-4; s7-21 (2);
24 CFR 58: .22 (2);
s8-62; Ap18; Ap18a (3);
24 CFR 135: .5;
Ap18b (4); Ap20 (2);
24 CFR 941: .610
Ap29 (2);
BENEFIT/COST ANALYSES ......... 1 4910.1 Hbk: ApI (8); ApJ;
24 CFR 965: .407 ApK (5);
BENEFIT/COST ANALYSIS........... 9 7417.1 Hbk: s7-122 (2)
24 CFR 965: .401; .402 (2); BENEFITTING ................................. 1
.403; .404 (2); .406 (3) 24 CFR 135: .5
BENEFIT ......................................... 69 BENZENE ......................................... 2
24 CFR 35: .110; 24 CFR 51: .208 (2)
24 CFR 941: .608; .610;
24 CFR 943: .144;
BERM ................................................ 3
24 CFR 51: .106 (3)
24 CFR 968: .112 (6);
24 CFR 970: .13 (4); BERMS.............................................. 1
24 CFR 972: .224 (6); 24 CFR 51: .106
49 CFR 24: .1; .102; BEST AND FINAL ........................... 2
HUD-5087: Intro; HUD-5369-B: s6 (2)
HUD-51000: p1 (6);
HUD-51915: E1.10;
BEST INTEREST ............................. 6
HUD-53012B: Att5.3; HUD-5369: Intro (3); s1 (10);
HUD-5369C: s4; s2; s3 (3); s4; s5 (9);
HUD-5370: s34; s6; s8 (16); s9 (12);
HUD-5370-C: s8; s10; s12 (16);
1378.0 Hbk: Ap18a; HUD-5369-A: Intro; s1 (15);
7417.1 Hbk: s10-29 s2; s3 (2); s5; s6 (4);
BEST INTERESTS ............................3 s9; s10; s12 (5);
24 CFR 970: .7 (2); .9 HUD-5369-B: s6; s9;
HUD-5369C: s3 (4);
BEST INTERESTS OF THE TENANTS HUD-5370: s1 (2);
............................................................2 HUD-5370-C: s13b (2);
24 CFR 970: .7 (2) 1378.0 Hbk: s2-7;
BEST TERMS ....................................1 7417.1 Hbk: T/C (5);
HUD-5369-B: s7 s9-15 (2); s10-3;
s10-29 (3); s10-52 (2);
BETTER ACCESS .............................1 s10-84 (2); s11-11;
24 CFR 970: .6 s11-12 (21); s11-13 (3);
BETTERMENT .................................1 s11-14 (13); s11-15;
7417.1 Hbk: s3-179 s11-16 (13); s11-17 (7)
BETTERMENTS ...............................1 BID ACCEPTANCE PERIOD ..........2
24 CFR 968: .112 HUD-5369-A: Intro; s6
BEYOND THE CONTROL...............8 BID ADVERTISEMENT ..................1
24 CFR 902: .25; HUD-5369: s1
24 CFR 905: .120; BID AMOUNT ..................................6
49 CFR 24: .603; HUD-52396: p1 (4);
HUD-51915: A2.1; HUD-52484: p4;
HUD-5370: s32 (2); 7417.1 Hbk: s11-17
7417.1 Hbk: s3-161; s3-163
BID AMOUNTS ................................3
BEYOND THE CONTROL OF THE HUD-52396: p1;
DISPLACED PERSON......................1 7417.1 Hbk: s11-15; s11-17
49 CFR 24: .603 BID BOND .........................................4
BEYOND THE CONTROL OF THE HUD-53012B: Att5.4 (2);
HUD-5369: s9;
PHA ....................................................3 HUD-5370: s1
24 CFR 902: .25;
24 CFR 905: .120; BID DOCUMENTS .........................17
7417.1 Hbk: s3-163 24 CFR 35: .1135;
24 CFR 941: .501;
BEYOND THE CONTROL OF THE 24 CFR 968: .112; .335;
PUBLIC ..............................................1 HUD-5369: s1 (2);
7417.1 Hbk: s3-161 7417.1 Hbk: T/C (3); s10-3;
BIAS ...................................................1 s10-29 (2); s10-52 (2);
HUD-92264: p8 s10-84 (2); s11-12
BIASED .............................................1 BID FORM .........................................2
7417.1 Hbk: s6-27 HUD-5369: s3;
7417.1 Hbk: s11-12
BID .................................................242
24 CFR 35: .1115; .1135; BID GUARANTEE..........................11
24 CFR 87: .205 (3); .300 (3); 24 CFR 968: .135;
24 CFR 135: .11 (2); .72; HUD-5369: Intro; s9 (6);
.92 (19); s10;
24 CFR 941: .306 (2); .501; 7417.1 Hbk: s11-14; s11-16
.606 (2); BID GUARANTEES .........................1
24 CFR 965: .101; HUD-5369: s9
24 CFR 968: .112; .135 (2);
.335;
BID OPENING ................................15
HUD-5369: Intro; s2; s3;
49 CFR 24: .303 (2); .603;
s5; s6; s9;
HUD-51915: A1.2;
HUD-5369-A: s1 (2); s12;
HUD-52396: p1 (5);
HUD-5369-B: s6;
HUD-52484: p4;
HUD-5369C: s3;
HUD-53012B: Att5.4 (3);
7417.1 Hbk: T/C; s11-12;
s11-13; s11-16

BID OPENINGS ............................... 1 BILINGUAL ..................................... 3
HUD-51915: A1.2 24 CFR 50: .23;
BID PACKAGE .............................. 13 24 CFR 55: .20;
7417.1 Hbk: s11-12 (12); 1378.0 Hbk: s2-5
s11-17 BILL .................................................. 3
BID PACKAGES .............................. 1 24 CFR 945: .105;
7417.1 Hbk: s11-12 24 CFR 968: .112;
HUD-52842: p3
BID PERIOD ..................................... 3
7417.1 Hbk: s11-12 (3) BILLED ............................................. 2
24 CFR 965: .404;
BID PRICE ........................................ 4 HUD-51915: B3.1
24 CFR 135: .92;
24 CFR 968: .135; BILLED DIRECTLY ........................ 1
HUD-5369: s12 (2) 24 CFR 965: .404
BID REJECTION .............................. 2 BILLINGS ......................................... 1
7417.1 Hbk: T/C; s11-14 24 CFR 965: .508
BID TABULATION ......................... 2 BILLS ................................................ 5
7417.1 Hbk: s11-16 (2) 24 CFR 965: .404;
24 CFR 971: .13;
BIDDER .......................................... 95 49 CFR 24: .207;
24 CFR 135: .92 (2); HUD-51001: p2;
24 CFR 968: .135; 1378.0 Hbk: s2-7
HUD-53012B: Att5.4;
HUD-5369: s1; s2 (3); BINDING ........................................ 23
s4 (4); s5 (3); s7; 24 CFR 58: .4;
s8 (3); s9; s10 (4); 24 CFR 135: .76;
s11 (2); s12 (6); 24 CFR 902: .75;
HUD-5369-A: s1 (9); s2 (6); 24 CFR 941: .610 (3);
s3 (2); s4 (2); s5 (3); 24 CFR 968: .305; .320;
s6 (2); s7; s8; s9; 49 CFR 24: .2;
s10 (3); s11 (4); s12 (2); HUD-51971: p1;
s13; HUD-53012A: s22;
7417.1 Hbk: s6-2; s10-29; HUD-5369: s8;
s11-12 (3); s11-13; HUD-5369-B: s4; s7;
s11-14 (16); s11-16; HUD-5370: s13; s39;
s11-18 (3) HUD-5370-C: s14; s18;
1378.0 Hbk: s1-8; s1-15;
BIDDER NOTIFICATION ............... 1 s8-52; s8-54;
7417.1 Hbk: s11-14 7417.1 Hbk: s8-65
BIDDERS ........................................ 40 BINDING ASSURANCES ............... 2
24 CFR 135: .92; 24 CFR 941: .610 (2)
HUD-53012B: Att5.4;
HUD-5369: Intro (4); s1 (6); BINDING CONTRACT .................... 2
s2 (3); s3; s5 (2); s6; HUD-5369: s8;
s9; s12 (7); HUD-5369-B: s7
HUD-5369-A: Intro (3); s6; BINDING CONTRACTUAL ........... 2
HUD-5370: s1; 49 CFR 24: .2;
7417.1 Hbk: s10-29 (3); 1378.0 Hbk: s1-8
s11-12 (2); s11-14; BINDING CONTRACTUAL
s11-18 (2)
AGREEMENT .................................. 2
BIDDING DOCUMENTS ................ 3 24 CFR 902: .75;
7417.1 Hbk: s10-29; s11-12 (2) 24 CFR 968: .305
BIDDING PROCEDURES ............... 2 BINDING CONTRACTUAL
24 CFR 941: .402 (2)
AGREEMENT .................................. 2
BID-HOLDING PERIOD ................. 1 24 CFR 902: .75;
7417.1 Hbk: s11-15 24 CFR 968: .305
BIENNIAL ........................................ 2 BIRTH ............................................... 1
24 CFR 945: .203 (2) 49 CFR 24: .208
BIENNIAL UPDATE ....................... 2 BITE .................................................. 1
24 CFR 945: .203 (2) 24 CFR 35: .110
BITUMEN ..........................................1 .830 (9); .1130 (9); .1135;
HUD-5087: s7 .1225 (10)
BITUMEN-IMPREGNATED ............1 BLOOD RELATIVE..........................1
4910.1 Hbk: s607-2 HUD-53012A: s19
BITUMINIZED ..................................1 BLOWER ...........................................2
4910.1 Hbk: ApE HUD-51994: p8;
7417.1 Hbk: s10-23
BLACK ..............................................6
HUD-2516: p1; BLOWER RATINGS .........................1
HUD-5369-A: s7; 7417.1 Hbk: s10-23
HUD-5369C: s2; BLOWERS .........................................2
1378.0 Hbk: Ap8; Ap9; Ap21 7417.1 Hbk: s3-132; s10-23
BLACK AMERICANS ......................3 BMIR ..................................................2
HUD-2516: p1; 24 CFR 970: .11;
HUD-5369-A: s7; 1378.0 Hbk: s8-191
HUD-5369C: s2 BOARD ............................................81
BLAST .............................................19 24 CFR 41: .5 (2); .6 (2);
24 CFR 51: .201 (4); .203 (4); 24 CFR 55: .2; .12 (2);
.205; .208 (10) 24 CFR 902: .43; .60;
BLAST OVERPRESSURE..............16 .69 (7); .75 (4); .79 (2);
24 CFR 51: .201 (3); .203 (4); 24 CFR 943: .142;
.205; .208 (8) 24 CFR 968: .112 (2); .210;
.235; .305 (2); .310 (2);
BLAST OVERPRESSURE--MEANS1 .315 (2); .325 (2);
24 CFR 51: .201 .335 (3);
BLINDS .............................................2 24 CFR 969: .106;
HUD-52651-A: p4; 24 CFR 970: .3; .8; .13 (3);
HUD-92264: p3 HUD-2530: p3 (4); p5 (2);
BLISTERING.....................................2 HUD-52820: p1 (11);
24 CFR 51: .208 (2) HUD-53012A: s11; s19;
4910.1 Hbk: s609-3; ApC (8);
BLOCK GRANT..............................18 ApE; ApF;
24 CFR 35: .100 (2); .110; 7417.1 Hbk: s2-5 (2); s3-163;
.900; .1000; .1200 (2); s6-25; s6-29; s7-24;
24 CFR 42: .1 (2); .2; s7-34
HUD-2516: p2;
1378.0 Hbk: T/C; s7-3; BOARD AND CARE.........................3
s7-21; s8-49; 24 CFR 55: .2; .12 (2)
7417.1 Hbk: s3-2; s3-79; BOARD AND CARE FACILITIES ..3
s4-29 24 CFR 55: .2; .12 (2)
BLOCK GRANT FUNDS .................1 BOARD CHAIRMAN .......................1
HUD-52834: p5 24 CFR 968: .315
BLOCK GRANTS ...........................12 BOARD CHAIRMAN'S ....................4
24 CFR 58: .1 (3); HUD-52820: p1 (4)
24 CFR 135: .5; BOARD CHAIRPERSON .................1
HUD-2516: p2; 24 CFR 902: .75
1378.0 Hbk: T/C; s1-3 (2);
s8-28; s8-31; s8-32; BOARD DEVELOPMENT ...............1
s8-37 24 CFR 968: .112
BLOOD ............................................60 BOARD MEMBERS .........................1
24 CFR 35: .110 (2); .165 (2); 24 CFR 968: .112
.325 (3); .715 (2); BOARD MEMBERSHIP ...................1
.720 (2); .730 (11); 24 CFR 902: .69
.830 (12); .1130 (12); BOARD OF COMMISSIONERS ....18
.1135; .1225 (12); 24 CFR 902: .75;
HUD-53012A: s19 24 CFR 968: .210; .235;
BLOOD LEAD ................................47 .310; .315; .335 (3);
24 CFR 35: .110; .165 (2); 24 CFR 969: .106;
.325 (3); .715 (2); 24 CFR 970: .8; .13 (2);
.720 (2); .730 (8); HUD-52820: p1 (3);
HUD-53012A: s11; s19;

7417.1 Hbk: s2-5 4910.1 Hbk: s402-1 (2)
BOARD OF REVIEW ...................... 3 BONA FIDE .................................... 19
24 CFR 902: .69 (3) 24 CFR 70: .1; .4 (2);
BOARD OF SELECTMEN .............. 1 49 CFR 24: .401;
7417.1 Hbk: s2-5 HUD-53012B: Att6.8;
HUD-5369: s12;
BOARD RESOLUTION ................. 15 HUD-5369-A: s2 (2);
24 CFR 902: .60; .75; HUD-5369C: s1;
24 CFR 968: .305; .310; HUD-5370: s46a (5); s46c;
.325 (2); s46d;
24 CFR 970: .13; 1378.0 Hbk: s3-3; s8-231 (2)
HUD-50072: p5 (2);
HUD-52820: p1 (4); BONA FIDE EMPLOYEE................ 2
7417.1 Hbk: s6-29; s7-34 HUD-5369: s12;
HUD-5369-A: s2
BOARD-APPROVED ....................... 1
24 CFR 941: .304 BONA FIDE EMPLOYEES ............. 2
HUD-5369-A: s2;
BOARD-APPROVED HUD-5369C: s1
CERTIFICATION ............................. 1 BONA FIDE FRINGE BENEFIT ..... 1
24 CFR 941: .304 HUD-5370: s46a
BOARDS ........................................... 2 BONA FIDE FRINGE BENEFITS ... 5
24 CFR 35: .110; HUD-5370: s46a (4); s46c
HUD-53012B: Att5.2
BONA FIDE MORTGAGES ............ 2
BOARD'S .......................................... 1 49 CFR 24: .401;
HUD-52836: p1 1378.0 Hbk: s3-3
BOCA ................................................ 6 BONA FIDE VOLUNTEER ............. 1
4910.1 Hbk: Front (2); ApB; 24 CFR 70: .1
ApH; ApI (2)
BONA FIDE VOLUNTEERS ........... 1
BODILY INJURY ............................. 6 24 CFR 70: .4
24 CFR 965: .215;
HUD-5370: s36 (3); BOND .............................................. 72
7417.1 Hbk: s3-32; s3-33 24 CFR 968: .135;
HUD-2530: p1 (2);
BOECKH ........................................... 3 HUD-51000: p2;
7417.1 Hbk: s7-83; s9-72; HUD-52651-A: p8;
s10-102 HUD-52832: p1 (3);
BOECKH'S ........................................ 4 HUD-53012B: Att2 (2);
7417.1 Hbk: s3-178 (3); s5-12 Att5.4 (2); Att6 Intro;
BOILER ........................................... 13 Att6.3 (3); Att6.4 (5);
HUD-5087: s8; s15 (2); Att6.5 (8); Att6.6 (10);
HUD-51994: p8 (3); Att6.7 (2); Att6.9 (4);
HUD-53012B: Att7.1; HUD-5369: s9; s10 (5);
4910.1 Hbk: s100-2 (2); HUD-5370: s1 (2); s29;
7417.1 Hbk: s3-32 (2); s10-16; HUD-92264: p4;
s10-23 7417.1 Hbk: T/C (2); s1-5;
s3-19; s3-32 (2); s3-175;
BOILER OPERATING s6-2; s6-27; s6-30;
TEMPERATURE .............................. 1 s7-63 (3); s11-18 (4)
7417.1 Hbk: s10-23 BOND DATE .................................. 16
BOILER ROOM ................................ 1 HUD-53012B: Att6.4 (2);
HUD-51994: p8 Att6.5 (6); Att6.6 (6);
Att6.9 (2)
BOILER ROOMS ............................. 2
HUD-5087: s8; BOND FINANCED........................... 3
7417.1 Hbk: s10-16 HUD-52832: p1 (3)
BOILERS ........................................ 10 BOND PREMIUM ............................ 1
HUD-51994: p7 (2); HUD-92264: p4
HUD-53012B: Att7.1; BOND PREMIUMS .......................... 4
4910.1 Hbk: s100-2 (5); ApI; HUD-52651-A: p8;
7417.1 Hbk: s10-23 HUD-53012B: Att6.7;
BOLT ................................................. 2 7417.1 Hbk: s3-175; s6-27
BOND RESOLUTION ......................1 BOOKS ............................................22
HUD-53012B: Att6.5 HUD-51915: E1.5;
BOND RESOLUTIONS ....................5 HUD-51975-A: s1.5;
HUD-53012B: Att6 Intro; HUD-52484: p4 (2);
Att6.3 (3); Att6.7 HUD-53012A: Intro; s15 (3);
HUD-53012B: Att2; Att3 (3);
BOND SERVICE CARRY-OVER ....5 Att4 (4);
HUD-53012B: Att6.5; HUD-5370: s39; s45;
Att6.6 (2); Att6.9 (2) HUD-5370-C: s7; s14;
BONDED ...........................................4 1378.0 Hbk: s7-21 (2)
HUD-5369: s10; BOOKS OF ACCOUNT ..................13
HUD-5370: s27; HUD-52484: p4 (2);
4910.1 Hbk: s611-1; HUD-53012A: Intro; s15 (2);
7417.1 Hbk: s3-32 HUD-53012B: Att2; Att3 (3);
BONDED ARMORED CAR .............1 Att4 (4)
7417.1 Hbk: s3-32 BORDERLINE...................................1
BOND-FINANCED .........................12 24 CFR 51: .106
24 CFR 905: .10; BORED WELLS ................................1
24 CFR 968: .101 (3); .103; 4910.1 Hbk: ApK
24 CFR 970: .2 (2);
HUD-52820: p1 (3); BORROW ..........................................1
HUD-53012B: Att2 (2) 1378.0 Hbk: Ap5
BOND-FINANCED PROJECTS .......2 BORROWED .....................................3
24 CFR 970: .2 (2) 49 CFR 24: .304;
1378.0 Hbk: s3-3 (2)
BOND-FINANCED UNIT ................2
24 CFR 905: .10; BORROWER .....................................2
24 CFR 968: .103 24 CFR 35: .110 (2)
BONDHOLDERS ..............................2 BOTTOM SURFACES ......................1
HUD-53012A: s8; s21 4910.1 Hbk: s100-2
BONDING .........................................2 BOUNDARIES ..................................9
24 CFR 135: .92; 24 CFR 55: .27;
24 CFR 963: .12 24 CFR 970: .11;
HUD-92264: p1;
BONDING REQUIREMENTS..........1 1378.0 Hbk: Ap20 (2);
24 CFR 963: .12 7417.1 Hbk: s3-173; s6-5;
BONDS ............................................81 s7-43; s10-13
24 CFR 35: .110; BOUNDARY ...................................12
24 CFR 905: .10; 24 CFR 35: .86; .110;
24 CFR 968: .101 (2); .135; 24 CFR 51: .104;
HUD-52481: s3; s5; s9; 24 CFR 55: .2;
HUD-53012A: s2 (2); 49 CFR 24: .106;
HUD-53012B: Intro (4); Att1; HUD-52651-A: p2; p8;
Att5.6; Att6 Intro (5); 1378.0 Hbk: s5-6; Ap19;
Att6.3 (2); Att6.4 (11); 7417.1 Hbk: s3-74; s3-136;
Att6.5 (19); Att6.6 (9); s6-26
Att6.7 (4); Att6.9 (3);
Att6.10 (2); Att6.12 (3); BOUNDARY STREETS ...................1
HUD-5369: s9; s10 (3); HUD-52651-A: p2
HUD-5370: s1; s27; BOUNDARY SURVEY ....................2
7417.1 Hbk: s3-4 1378.0 Hbk: s5-6; Ap19
BONDS HAVE BEEN RETIRED .....1 BOUNDARY SURVEYS ..................1
24 CFR 968: .101 49 CFR 24: .106
BONUS ..............................................6 BRAILLE ...........................................1
24 CFR 902: .71 (4); 24 CFR 35: .125
24 CFR 905: .10 (2) BRAILLED ........................................1
BONUSES ..........................................1 24 CFR 8: .3
1378.0 Hbk: s7-21 BRAILLED MATERIALS ................1
BOOK.................................................1 24 CFR 8: .3
1378.0 Hbk: Ap20 BRANCH .......................................259

24 CFR 965: .205 (2); 49 CFR 24: .2;
49 CFR 24: .2; HUD-5370: s16 (2);
HUD-2530: p1; 7417.1 Hbk: s1-5; s4-22;
HUD-92264: p8; s4-29; s7-12; s7-25;
1378.0 Hbk: s1-11 (2); s7-113; s8-22; s9-32;
4910.1 Hbk: ApK; s9-33; s10-23 (4); s10-42;
7417.1 Hbk: Front; T/C (24); s10-43; s11-17
s1-5 (6); s3-113 (4); BRAND NAMES .............................. 1
s4-26 (2); s4-28 (3); 7417.1 Hbk: s10-24
s4-29; s5-12 (2); s6-4 (2);
s7-1 (2); s7-3; s7-4; BREACH ......................................... 17
s7-13 (2); s7-16 (2); 24 CFR 8: .50;
s7-21; s7-25 (2); s7-42; 24 CFR 902: .79 (3);
s7-54; s7-61; s7-62 (2); 24 CFR 943: .130 (2);
s7-63; s7-64 (3); 24 CFR 968: .335 (3); .425;
s7-65 (4); s7-71 (3); HUD-5369-A: s10;
s7-72 (2); s7-74; HUD-5370: s31; s46f; s47e;
s7-76 (2); s7-77 (2); HUD-5370-C: s3;
s7-81 (3); s7-82; 1378.0 Hbk: Ap20;
s7-83 (2); s7-84 (3); 7417.1 Hbk: s3-164
s7-85 (3); s7-91; BREACHES ...................................... 2
s7-92 (2); s7-93 (2); HUD-51915: E1.8;
s7-95 (2); s7-96; s7-99; HUD-51975-A: s1.8
s7-101 (3); s7-102 (2); BREAKAGE ..................................... 1
s7-103 (3); s7-111; 4910.1 Hbk: ApD
s7-112 (2); s7-113 (2);
s7-114; s7-115; s7-125 (2); BREAKDOWN ............................... 20
s8-23 (2); s8-24; s8-32; HUD-51000: p2 (6);
s8-41; s8-42 (3); HUD-53012B: Att5.13 (2);
s8-43 (3); s8-51; s8-52; Att5.16;
s8-53 (2); s8-61 (3); HUD-5370: s3; s27 (5); s29;
s8-62; s8-63; s8-64 (2); HUD-92264: p7;
s8-65 (5); s8-71 (3); 7417.1 Hbk: s6-42; s10-27;
s8-72; s9-32; s9-33 (6); s10-103
s9-34 (2); s9-41; s9-42; BREAKDOWNS ............................... 1
s9-43; s9-51; s9-52; HUD-5370: s29
s9-53 (2); s9-61 (2);
s9-62 (2); s9-65;
BREAKING ...................................... 1
24 CFR 135: .92
s9-71 (3); s9-72 (3);
s9-73 (2); s9-74 (3); BREATHER ...................................... 2
s9-75 (3); s9-81; 4910.1 Hbk: ApK (2)
s9-82 (3); s9-83 (3); BREATHING .................................... 1
s9-91; s9-92 (2); s10-23; 24 CFR 8: .3
s10-42; s10-43 (6); s10-44;
s10-54; s10-61; s10-62;
BRICK ............................................... 4
24 CFR 35: .110;
s10-64; s10-71 (2); s10-72;
4910.1 Hbk: s609-3 (3)
s10-73 (2); s10-81 (2);
s10-85; s10-86; BRICKWORK ................................... 1
s10-101 (3); s10-102 (3); HUD-51000: p2
s10-103 (2); s10-104 (3); BRIDGES .......................................... 1
s10-105 (3); s10-111; 24 CFR 55: .2
s10-112 (3); s10-113 (3);
s10-121; s10-122; BRIEF DESCRIPTION ..................... 5
s10-123 (2); s10-124 (2); 24 CFR 51: .106;
s11-17 (8); s11-27 HUD-52651-A: p8;
HUD-52837: piii;
BRANCH CIRCUITS ....................... 1 HUD-52842: p4;
4910.1 Hbk: ApK 7417.1 Hbk: s8-8
BRANCH MANAGER ..................... 1 BRITISH THERMAL UNITS .......... 1
24 CFR 965: .205 4910.1 Hbk: ApB
BRANCH WASTES ......................... 1 BROAD RANGE .............................. 4
7417.1 Hbk: s10-23 7417.1 Hbk: s4-26; s5-23;
BRANCHES .................................... 19 s6-28; s7-42
BROAD RANGE OF .........................4 24 CFR 35: .88; .90; .92;
7417.1 Hbk: s4-26; s5-23; .94; .106; .1115;
s6-28; s7-42 24 CFR 87: .600; .605 (2);
24 CFR 135: .5; .76; .90;
BROAD RANGE OF INCOME ........1 .92;
7417.1 Hbk: s6-28 24 CFR 902: .43; .75;
BROAD RANGE OF INCOMES ......3 24 CFR 941: .101 (2); .205;
7417.1 Hbk: s4-26; s5-23; .207; .301; .303;
s7-42 .304 (4); .305; .306;
BROADER RANGE OF HOUSEHOLD .404; .606; .610;
24 CFR 945: .203; .205 (2);
INCOME ............................................2 24 CFR 968: .101 (2);
24 CFR 971: .3; .105 (2); .108; .112 (3);
24 CFR 972: .124 .120; .125 (2); .130;
BROADER RANGE OF HOUSEHOLD .135 (2); .225 (3); .305;
.310; .315; .320;
INCOMES ..........................................2 .325 (2); .330; .335;
24 CFR 971: .5;
.416; .422; .428;
24 CFR 972: .127
24 CFR 970: .8; .10; .11;
BROADER RANGE OF INCOME ...2 .13; .14;
24 CFR 971: .5; 24 CFR 971: .7;
24 CFR 972: .127 24 CFR 972: .130; .230;
BROCHURE ....................................12 49 CFR 24: .208;
1378.0 Hbk: s5-2; Ap3; HUD-50072: p2 (4);
Ap5 (2); Ap6 (2); Ap7 (2); HUD-52396: p1 (10); p2 (3);
Ap25 (2); Ap26 (2) p3; p4 (14); p5 (7);
HUD-52540: p1; p2 (2);
BROKER ............................................4 HUD-52651-A: p8;
49 CFR 24: .303;
HUD-52820: p1 (6); p2 (2);
1378.0 Hbk: s4-2; Ap20 (2)
pi (7); pii (2); piii;
BROKERAGE ...................................5 HUD-52842: p3;
HUD-5369-A: s2 (2); HUD-53001: p2;
HUD-5369C: s1 (2); HUD-53009-A: p1 (3);
1378.0 Hbk: Ap20 HUD-53012A: Intro; s11 (12);
BROKERS .........................................1 HUD-53012B: Att5.4;
7417.1 Hbk: s3-78 Att5.16 (15);
HUD-5369: s12;
BROTHER .........................................1 1378.0 Hbk: s2-2 (2);
HUD-53012A: s19 7417.1 Hbk: T/C (4); s3-14;
BTU ....................................................9 s3-136; s3-137 (3); s3-171;
24 CFR 51: .201; s4-29; s5-3 (5); s5-11;
HUD-51994: p3 (5); p4; s5-12 (3); s5-14; s5-16;
4910.1 Hbk: ApA; ApG s5-25; s7-25 (3);
BTU/ ...................................................5 s7-122 (2); s7-123; s7-125;
24 CFR 51: .208 (2); s8-65; s9-3; s9-16 (3);
4910.1 Hbk: ApA (2); ApB s9-33 (2); s9-92 (3);
s9-102 (2); s9-103;
BTU/FT ..............................................4 s10-28 (2); s10-43 (2);
24 CFR 51: .201; .208 (3) s10-123 (4); s10-132 (3);
BTU/FT2 ............................................2 s11-16 (2); s11-17 (3)
24 CFR 51: .208 (2) BUDGET/...........................................1
BTU/HR .............................................4 HUD-52484: p1
24 CFR 51: .208 (3); BUDGET/COST ................................2
4910.1 Hbk: ApG HUD-52484: p1; p4
BTU/SQ ..............................................2 BUDGET/PROGRESS ......................3
24 CFR 51: .203 (2) HUD-52825: pi; pii; piii
BTUH .................................................4 BUDGET/REVISION ........................1
HUD-5087: s15 (3); HUD-52825: p1
4910.1 Hbk: ApB
BUDGET AMOUNTS .......................1
BUDGET ........................................230 HUD-52396: p1
24 CFR 8: .21; .24; .25;
BUDGET AUTHORITY .................12

24 CFR 968: .105; HUD-92264: p4;
HUD-52540: p2; 1378.0 Hbk: s3-7;
7417.1 Hbk: s5-3 (4); s5-11; 7417.1 Hbk: s3-136 (2); s7-101
s5-12 (3); s5-14; s5-25 BUILDING/COMPLEX................ 124
BUDGET AUTHORITY RESERVED2 24 CFR 941: .207 (4);
7417.1 Hbk: s5-16; s7-123 24 CFR 968: .108 (4);
BUDGET CONTROLS ..................... 2 24 CFR 970: .5 (3);
24 CFR 902: .43; 1378.0 Hbk: s1-8 (6); s2-2;
HUD-50072: p2 s2-4 (2); s6-2 (2);
s7-7 (3); s8-3 (5);
BUDGET REVISION ....................... 3 s8-23 (5); s8-34 (4);
24 CFR 968: .225; s8-42; s8-43 (5);
HUD-52825: pi (2) s8-53 (4); s8-64 (5);
BUDGET REVISIONS ..................... 4 s8-74 (5); s8-85 (4);
24 CFR 968: .225; s8-94 (5); s8-96;
HUD-50072: p2 (3) s8-103 (4); s8-113;
BUDGET SUBMITTED ................... 1 s8-114 (5); s8-124 (4);
HUD-52484: p4 s8-134 (5); s8-164 (5);
s8-173 (5); s8-185 (5);
BUDGETARY .................................. 2 s8-194 (5); s8-214 (5);
HUD-52484: p4; s8-215; s8-222 (5); Ap4;
1378.0 Hbk: s2-2 7417.1 Hbk: s3-125 (4)
BUDGETED...................................... 6 BUILDING ALARM SYSTEMS ..... 1
49 CFR 24: .307; 4910.1 Hbk: ApI
HUD-52837: piii;
HUD-52842: p3; BUILDING CODE .......................... 71
1378.0 Hbk: s2-2; s4-7; 24 CFR 902: .68;
7417.1 Hbk: s3-150 24 CFR 941: .203 (2);
HUD-51915: C1.5;
BUDGETING .................................... 3 HUD-52481: s5;
24 CFR 941: .501; 4910.1 Hbk: Front (4);
24 CFR 968: .335; Intro (4); ApE; ApI (24);
1378.0 Hbk: s2-2 ApJ (2); ApK (31)
BUDGETS ....................................... 20 BUILDING CODE OFFICIAL ......... 1
24 CFR 941: .501; 24 CFR 902: .68
24 CFR 968: .305; .320;
HUD-52396: p1; BUILDING CODES ........................ 36
HUD-52484: p2; p3 (3); HUD-52651-A: p6;
p4 (2); p5; 4910.1 Hbk: Front (2);
HUD-52837: piii; Fwd (2); ApA; ApI (10);
HUD-53012B: Att5 Intro; ApK (10);
Att5.16 (2); 7417.1 Hbk: s3-4; s3-16;
7417.1 Hbk: T/C; s1-5; s3-141; s3-146 (2); s3-174;
s3-19; s3-167; s3-179 s3-176; s7-96; s7-98;
s10-25
BUDGETS/COST ............................. 1
HUD-52484: p4 BUILDING COMPLEX .................... 1
1378.0 Hbk: s8-85
BUILDABLE .................................... 5
49 CFR 24: .403; BUILDING COMPLIES ................... 1
HUD-52651-A: p4; p7; 24 CFR 51: .103
1378.0 Hbk: s3-3 (2) BUILDING COMPONENT .............. 1
BUILDABLE AREA......................... 1 24 CFR 35: .1330
HUD-52651-A: p4 BUILDING COMPONENTS ............ 3
BUILDABLE RESIDENTIAL LOT . 2 24 CFR 35: .110; .1330;
49 CFR 24: .403; 4910.1 Hbk: s607-1
1378.0 Hbk: s3-3 BUILDING COMPRISE ................... 1
BUILDER'S RISK ............................. 9 1378.0 Hbk: s8-45
HUD-5370: s36 (4); BUILDING CONFIGURATION ...... 1
7417.1 Hbk: s3-33 (5) 24 CFR 971: .13
BUILDER .......................................... 8 BUILDING CORNERS .................... 1
24 CFR 135: .5 (2); 7417.1 Hbk: s10-15
49 CFR 24: .403;
BUILDING DATA ERROR ..............2 BUILDING TRADES ........................4
24 CFR 902: .68 (2) 24 CFR 135: .30 (2); .40;
BUILDING DESIGN .......................12 .92
24 CFR 51: .101; BUILDING TYPES ...........................1
24 CFR 941: .203; HUD-51915: A1.2
4910.1 Hbk: Front (3); T/C; BUILDING WALL ............................1
c4 (3); s400-1 (2); Idx 4910.1 Hbk: s303-1
BUILDING DESIGNATION ............3 BUILDINGS COMPLETED IN 19782
7417.1 Hbk: s10-18; s10-19 (2) 24 CFR 905: .10 (2)
BUILDING DESIGNS .......................1 BUILT-IN...........................................4
24 CFR 51: .104 HUD-5087: s11;
BUILDING ELEVATIONS ...............6 4910.1 Hbk: s607-3; s611-1;
7417.1 Hbk: T/C; s9-13 (2); 7417.1 Hbk: s10-21
s10-15; s10-19 (2) BUILT-IN ACCESSORIES ...............1
BUILDING ENTRANCE DOORS ....2 7417.1 Hbk: s10-21
4910.1 Hbk: s508-6 (2) BUILT-IN SURFACE UNITS ...........1
BUILDING EQUIPMENT ................5 4910.1 Hbk: s611-1
24 CFR 51: .101; BUILT-UP ..........................................1
49 CFR 24: .102; 7417.1 Hbk: s10-24
HUD-5370: s36;
1378.0 Hbk: s5-2; Ap20 BUILT-UP ROOF COVERINGS ......1
7417.1 Hbk: s10-24
BUILDING EXTERIOR ....................3
24 CFR 902: .23 (2); .25 BULL'S-EYE POSTMARK ...............1
HUD-5369: s5
BUILDING EXTERIOR SURFACES1
24 CFR 35: .110 BULLETIN ........................................6
4910.1 Hbk: ApB; ApE (2);
BUILDING EXTERIORS..................3 ApH; ApK (2)
24 CFR 902: .24; .25;
HUD-50072: p4 BULLETINS ......................................8
4910.1 Hbk: Front; T/C; Idx;
BUILDING FLOOR PLAN ...............6 ApF (3); ApK;
7417.1 Hbk: s9-13 (4); 7417.1 Hbk: s10-24
s10-17 (2)
BUNDLE ............................................2
BUILDING FLOOR PLANS .............7 4910.1 Hbk: s509-1; s509-2
HUD-52651-A: p8;
7417.1 Hbk: s6-26; s7-74; BURDEN .........................................35
s9-52; s10-17 (2); s10-72 24 CFR 135: .30;
24 CFR 902: .68 (2);
BUILDING GRADES........................2 49 CFR 24: .603;
HUD-52651-A: p8; HUD-2516: p1;
7417.1 Hbk: s6-26 HUD-2530: p4;
BUILDING NAME ............................1 HUD-50072: p1 (6);
24 CFR 902: .68 HUD-51975-A: s1.7;
BUILDING PERMIT .........................1 HUD-51971: p2 (3);
4910.1 Hbk: ApK HUD-52396: p1 (2);
HUD-52484: p4;
BUILDING RESTRICTIONS ...........4 HUD-52651-A: p1;
HUD-52651-A: p7; HUD-52825: pi;
HUD-53012B: Att5.1; HUD-52832: p2;
7417.1 Hbk: s6-25; s8-81 HUD-52834: p5;
BUILDING SECTION .......................1 HUD-52836: p1;
4910.1 Hbk: ApA HUD-52837: pi;
BUILDING SERVICE HUD-52842: p1; p3;
HUD-53001: p1 (3);
ORGANIZATION .............................1 HUD-5369C: s3;
7417.1 Hbk: s11-12 HUD-5372: p1 (2);
BUILDING STRUCTURES ..............2 HUD-92264: p8;
24 CFR 51: .208; 1378.0 Hbk: Ap20
24 CFR 968: .112 BURDEN OF PROOF .......................2
BUILDING SYSTEMS......................3 24 CFR 902: .68 (2)
24 CFR 902: .23 (2); .24

BURDENS ...................................... 11 7417.1 Hbk: T/C; s3-41;
24 CFR 8: .21 (4); .23; s3-46; s3-47 (5); s4-24;
.24 (3); .25; .31; .33 s4-29; s6-4; s6-25;
s6-39; s6-40
BUREAU OF APPRENTICESHIP ... 5
24 CFR 135: .11 (2); BUSINESS'' ....................................... 1
HUD-5370: s46d (3) 24 CFR 963: .5
BUREAU OF INDIAN AFFAIRS .... 5 BUSINESS ACTIVITIES ................. 2
HUD-5369: s12 (2); 49 CFR 24: .306;
HUD-5369-A: s8 (2); 1378.0 Hbk: s4-5
1378.0 Hbk: s7-21 BUSINESS ACTIVITY .................... 5
BURN ................................................ 1 24 CFR 135: .5;
24 CFR 51: .208 24 CFR 963: .10 (2);
HUD-5369: s12;
BUSINESS .................................... 367 HUD-5369-A: s8
24 CFR 8: .3;
24 CFR 42: .350; BUSINESS ADMINISTRATION..... 1
24 CFR 55: .22; 24 CFR 963: .10
24 CFR 87: .200; .400; BUSINESS ARRANGEMENT......... 1
24 CFR 135: .1; .3; .5 (10); 24 CFR 943: .140
.9 (3); .11 (3); .30 (3); BUSINESS ARRANGEMENTS ...... 2
.32 (3); .36 (14); .40 (8); 24 CFR 943: .100; .142
.72; .74; .76 (7);
.92 (37); BUSINESS CONCERN .................. 28
24 CFR 902: .50; 24 CFR 135: .5 (6); .11;
24 CFR 941: .207; .606; .36 (5); .40 (2); .76;
24 CFR 943: .100; .140; .92 (6);
.142; 24 CFR 963: .5;
24 CFR 963: .5 (10); .10 (27); HUD-2516: p2 (2);
.12 (3); HUD-2530: p3;
24 CFR 964: .320; HUD-5369-A: Intro; s7;
24 CFR 965: .205 (3); HUD-5369C: s2
24 CFR 968: .108; .112; BUSINESS CONCERN'' ................... 1
.315; 24 CFR 135: .5
24 CFR 970: .5 (2); BUSINESS CONCERNING ............. 1
49 CFR 24: .2 (7); .8; 24 CFR 135: .76
.205 (2); .208 (6);
.303 (7); .304 (8); BUSINESS CONCERNS ................ 65
.305 (2); .306 (21); .603; 24 CFR 135: .1; .3; .5;
HUD-2516: p1 (7); p2 (10); .9 (3); .11 (2); .30 (3);
HUD-2530: p1; p3; p4 (3); .32 (3); .36 (9); .40 (3);
HUD-51915: A1.2; .72; .74; .76 (3);
HUD-52651-A: p2 (2); p3; .92 (26);
HUD-52820: p1 (3); 24 CFR 964: .320;
HUD-53012A: s19; HUD-52651-A: p2; p3;
HUD-5369: s9; s10 (2); s12; HUD-5370-C: s18;
HUD-5369-A: Intro; s7 (12); 7417.1 Hbk: s3-46; s3-47 (2);
s8; s4-29
HUD-5369-B: s5; BUSINESS DEVELOPMENT .......... 2
HUD-5369C: s2 (9); 24 CFR 968: .315;
HUD-5370: T/C; s36; HUD-2516: p2
s38 (10);
HUD-5370-C: s13b; s18;
BUSINESS DEVELOPMENT
HUD-92264: p2; ASSISTANCE ................................... 1
1378.0 Hbk: Intro (4); 24 CFR 135: .92
T/C (3); s1-5 (2); BUSINESS ETHICS ......................... 1
s1-8 (2); s1-19; s1-32 (2); HUD-5369-B: s5
s2-6 (2); s4-2 (8);
s4-3 (8); s4-5 (19); s5-9;
BUSINESS EXPANSION................. 1
1378.0 Hbk: s7-21
s6-1; s7-16; s7-21 (4);
s8-96; Ap1 (3); Ap7 (3); BUSINESS FUNCTIONS ................. 2
Ap9 (6); Ap20; Ap22; 49 CFR 24: .306;
1378.0 Hbk: s4-5
BUSINESS HOURS ..........................3 BUY .................................................22
24 CFR 902: .50; 49 CFR 24: .603 (2);
HUD-2530: p4; 1378.0 Hbk: s3-3 (2); s3-4.;
1378.0 Hbk: s6-1 s3-7; s3-8; s8-150; Ap3;
BUSINESS INCUBATORS ..............1 Ap5 (2); Ap6 (4); Ap7;
24 CFR 135: .92 Ap25 (3); Ap26 (3)
BUSINESS OPERATION .................5 BUYDOWN .....................................11
49 CFR 24: .304 (2); 49 CFR 24: .401; .603 (3);
1378.0 Hbk: s4-3; s4-5; Ap9 1378.0 Hbk: s3-3 (7)
BUSINESS OPERATIONS ...............1 BUYDOWN PAYMENT ...................7
24 CFR 963: .5 49 CFR 24: .603;
1378.0 Hbk: s3-3 (6)
BUSINESS PLANS ...........................1
24 CFR 965: .205 BUYDOWNS .....................................2
24 CFR 50: .19;
BUSINESS REESTABLISHMENT 24 CFR 58: .35
EXPENSE ..........................................1 BY-LAWS ..........................................6
49 CFR 24: .603 24 CFR 965: .205;
BUSINESS RELATIONSHIPS .........1 7417.1 Hbk: s2-5 (2);
24 CFR 941: .606 s3-113 (3)
BUSINESS VENTURE .....................1 CABINET...........................................5
24 CFR 135: .40 HUD-5087: s8;
BUSINESSES ..................................66 4910.1 Hbk: s611-1; ApB;
24 CFR 135: .36 (6); .40 (4); ApH (2)
.92 (4); CABINETS ......................................30
24 CFR 941: .207; 24 CFR 35: .1330;
24 CFR 963: .1 (2); .3; 49 CFR 24: .304;
.5 (2); .10; .12 (3); HUD-5087: s9; s11 (2);
24 CFR 968: .108; .112; HUD-51000: p2;
49 CFR 24: .205 (2); .306; HUD-52651-A: p8;
.603; HUD-52834: p6;
HUD-2516: p2; HUD-52837: pii;
HUD-2530: p1; HUD-92264: p3;
HUD-52484: p2; 1378.0 Hbk: s4-4;
HUD-5369C: s3; 4910.1 Hbk: s100-2; c6;
HUD-5370: s27; s38 (4); s611-1 (7); Idx (2); ApC;
1378.0 Hbk: T/C (4); s2-2; ApE (2);
s2-3; s2-6; c4; s4-1; 7417.1 Hbk: s3-137; s3-175;
s4-2; s4-5 (2); s8-46; s9-13; s10-17; s10-21
s8-212; Ap7; Ap16; Ap17; CABLE .............................................11
7417.1 Hbk: s3-2; s3-47 (3); 24 CFR 970: .5 (2);
s4-24; s6-39 (2); s6-43; 49 CFR 24: .2;
s11-12 (2) 1378.0 Hbk: Intro; s1-8;
BUSINESSES'' ...................................1 s3-2; s4-7; s8-96 (3);
24 CFR 135: .92 4910.1 Hbk: ApK
BUSING PLANS ...............................1 CABLE TELEVISION ......................8
7417.1 Hbk: s6-25 49 CFR 24: .2;
BUTADIENE .....................................1 1378.0 Hbk: Intro; s1-8;
24 CFR 51: .208 s3-2; s4-7; s8-96 (3)
BUTANE ............................................1 CABLE TELEVISION HOOK-UP ...1
24 CFR 51: .208 1378.0 Hbk: s8-96
BUTT HINGES ..................................1 CABLE TV ........................................2
4910.1 Hbk: s508-6 24 CFR 970: .5 (2)
BUTYL ACETATE ...........................1 CABO ...............................................16
24 CFR 51: .208 4910.1 Hbk: s607-1; ApB;
ApE; ApH; ApK (12)
BUTYL ACRYLATE ........................1 CAISSONS.........................................5
24 CFR 51: .208
HUD-51000: p2;
BUTYL ALCOHOL ..........................1 HUD-52651-A: p8;
24 CFR 51: .208

7417.1 Hbk: s3-175; s6-27; 4910.1 Hbk: s100-2; s607-1;
s10-16 ApE;
CALCULATE ................................. 13 7417.1 Hbk: s3-177
24 CFR 902: .25; .35 (2); CALENDAR DAY ............................ 7
.45 (2); .53 (2); HUD-53012B: Att5.8 (3);
24 CFR 968: .310; HUD-5369: s5;
49 CFR 24: .603; HUD-5369-B: s6;
HUD-51994: p6; HUD-5370: s46j; s47g
HUD-52651-A: p7; CALENDAR DAYS ..................... 133
HUD-5369-A: s1; 24 CFR 35: .125 (2); .1345;
HUD-5369C: s3 24 CFR 50: .34;
CALCULATE A SCORE.................. 7 24 CFR 55: .20 (2);
24 CFR 902: .25; .35 (2); 24 CFR 58: .21; .73;
.45 (2); .53 (2) 24 CFR 902: .7; .73 (2);
CALCULATED .............................. 27 .79 (2);
24 CFR 35: .915; .920; 24 CFR 941: .606;
24 CFR 51: .203; 24 CFR 968: .108; .235 (2);
24 CFR 902: .7 (3); .24; .310 (8); .320 (4);
.35; .325 (3); .330;
24 CFR 905: .10; HUD-50070: p1 (6); p2;
24 CFR 941: .306 (2); HUD-51915: A1.3 (3); D1.3 (2);
24 CFR 970: .5 (2); HUD-52651-A: p2; p6;
24 CFR 971: .13 (2); HUD-52825: pi;
HUD-5087: s15 (3); HUD-53012B: Att6.6;
HUD-51994: p2; p3; p4; p6; HUD-5369-A: s6 (3);
HUD-52651-A: p7; p8; HUD-5370: s5; s25;
1378.0 Hbk: Ap25; HUD-5370-C: s1;
4910.1 Hbk: s509-5; HUD-5372: p2;
7417.1 Hbk: s5-12 1378.0 Hbk: s8-103; s8-10;
Ap20;
CALCULATING ............................. 11 7417.1 Hbk: s4-21; s6-3 (2);
24 CFR 35: .915 (2); .920; s6-5; s6-6; s6-24; s7-3;
24 CFR 51: .200; s7-11; s7-15; s7-21;
24 CFR 905: .10 (2); s7-22; s7-31; s7-41;
24 CFR 965: .506; s7-51; s7-61; s7-71;
24 CFR 968: .103 (2); .310; s7-81; s7-91; s7-111;
24 CFR 971: .13 s7-121; s8-3; s8-5;
CALCULATING THE SUM ............ 2 s8-21; s8-31; s8-41;
24 CFR 905: .10 (2) s8-51; s8-61 (2);
CALCULATION ............................. 23 s8-71 (2); s9-2 (3); s9-31;
24 CFR 35: .915; s9-41; s9-42; s9-51;
24 CFR 50: .19; s9-61; s9-71; s9-81;
24 CFR 51: .208; s9-91; s9-101; s9-102 (2);
24 CFR 902: .7; .25 (2); s10-2 (5); s10-26; s10-41;
.45; .67; s10-51; s10-61; s10-62;
24 CFR 905: .10; s10-71; s10-81; s10-101;
24 CFR 941: .306; s10-111; s10-121; s10-131;
24 CFR 965: .305; .505 (2); s10-132 (2); s11-2 (2);
24 CFR 968: .103; .310; s11-12 (3); s11-17 (2);
24 CFR 971: .3; .13; s11-18 (2); s11-28 (2);
24 CFR 972: .124; s12-2
HUD-52484: p3 (2); CALENDAR MONTH ...................... 1
HUD-53012A: s11 (3) HUD-5378: p2
CALCULATION METHODS .......... 1 CALENDAR QUARTER ................. 5
24 CFR 51: .208 24 CFR 87: .110;
CALCULATIONS .......................... 11 24 CFR 941: .404 (3);
24 CFR 905: .10; 7417.1 Hbk: s6-30
24 CFR 968: .103 (3); CALENDAR YEARS ....................... 1
24 CFR 969: .105; 24 CFR 945: .205
HUD-51001: p2; CALIBRATION ................................ 5
HUD-53012A: s11; 24 CFR 905: .10 (4);
24 CFR 968: .103 HUD-2530: p3 (2);
CALIBRATION OF BACKLOG NEED HUD-50072: p4;
HUD-5087: s2; s11; s15 (7);
............................................................1 s16;
24 CFR 968: .103 HUD-52651-A: p7;
CALL-FOR-AID ................................1 HUD-5370: s1; s11; s17;
24 CFR 902: .23 s32;
CANADIAN.......................................8 HUD-92264: p1 (2);
HUD-5369: s5 (4); 1378.0 Hbk: s2-2; Ap20 (2);
HUD-5369-B: s6 (4) 4910.1 Hbk: s100-2 (5);
s402-1; s614-1; ApK (2);
CANADIAN POSTAL SERVICE .....8 7417.1 Hbk: s1-3; s1-4;
HUD-5369: s5 (4); s3-19; s3-131; s3-164;
HUD-5369-B: s6 (4) s3-167; s4-2 (2); s4-12;
CANCEL ............................................1 s5-21; s5-23 (2);
24 CFR 941: .501 s6-25 (2); s7-24; s7-26;
s10-23
CANCEL THE FUND RESERVATION
............................................................1 CAPACITY BUILDING....................3
24 CFR 968: .315 (2);
24 CFR 941: .501
1378.0 Hbk: s2-2
CANCELED.......................................3 CAPILLARITY ..................................1
HUD-5370: s36; s39;
4910.1 Hbk: s603-1
HUD-5370-C: s14
CANCELLATION ...........................13 CAPITAL .........................................97
24 CFR 135: .92;
24 CFR 965: .215 (2);
24 CFR 902: .7 (3); .25 (2);
HUD-51915: D1.7;
.43 (3); .45; .60; .67;
HUD-52540: p1; p2;
.69; .75;
HUD-53012B: Att1 (2); Att6.13;
24 CFR 905: .10 (14);
HUD-5369: s5 (2);
.120 (2);
HUD-5369-B: s6 (2);
24 CFR 941: .101; .102;
7417.1 Hbk: s3-33
.103 (4); .306 (7);
CANCELLED ....................................4 24 CFR 943: .120; .144;
HUD-52540: p2; 24 CFR 971: .13 (3);
HUD-53012B: Att1; Att6.7; 24 CFR 972: .109; .127;
7417.1 Hbk: s7-127 .130 (2); .139 (2); .212;
CANCELLED OR RECAPTURED ..1 .230;
7417.1 Hbk: s7-127 49 CFR 24: .304;
HUD-2530: p4;
CANCER ............................................1 HUD-50072: p1 (6); p2 (4);
24 CFR 8: .3
p3 (3);
CAP ....................................................9 HUD-52840A: p1 (12);
24 CFR 905: .10 (4); 1378.0 Hbk: s4-4; s7-21 (3);
24 CFR 968: .103 (2); s8-122 (3); s8-191;
HUD-52832: p2; 7417.1 Hbk: s3-136 (2);
HUD-92264: p6; s3-149 (2); s3-204 (2)
4910.1 Hbk: ApK CAPITAL ADVANCES ....................3
CAPACITIES .....................................1 1378.0 Hbk: s8-122 (3)
7417.1 Hbk: s10-23 CAPITAL ASSETS............................2
CAPACITY ......................................85 49 CFR 24: .304;
24 CFR 50: .1; .17; .20; 1378.0 Hbk: s4-4
24 CFR 51: .104; .201;
24 CFR 55: .25;
CAPITAL ASSISTANCE ..................9
24 CFR 941: .103 (2); .306 (7)
24 CFR 58: .2; .11 (3); .12;
.14; .35 (2); .37 (2); CAPITAL COST ................................6
.53; 24 CFR 971: .13 (2);
24 CFR 902: .67; 7417.1 Hbk: s3-136 (2);
24 CFR 941: .201; .304; s3-149 (2)
.501 (5); CAPITAL FORMULA SHARE ........1
24 CFR 943: .115; 24 CFR 905: .10
24 CFR 968: .315 (2);
.325 (2); .335 (5); .425;
CAPITAL FUND .............................39

24 CFR 902: .7 (2); .43 (2); CAPITALIZED VALUE................... 5
.45; .60; .67; .69; 24 CFR 42: .350 (2);
.75; HUD-92264: p6;
24 CFR 905: .10 (5); .120; 1378.0 Hbk: s7-16 (2)
24 CFR 941: .103;
24 CFR 943: .120; .144; CAPS ................................................. 1
24 CFR 972: .109; .127; 1378.0 Hbk: s3-6
.130; .139; .212; .230; CAR ................................................... 3
HUD-50072: p1 (6); p3 (2); 4910.1 Hbk: s100-2; s614-1;
HUD-52840A: p1 (7) 7417.1 Hbk: s3-32
CAPITAL FUND AMOUNT ............ 2 CARBON BISULFIDE ..................... 1
24 CFR 905: .10 (2) 24 CFR 51: .208
CAPITAL FUND AMOUNTS.......... 1 CARBON DISULFIDE ..................... 1
24 CFR 972: .139 24 CFR 51: .208
CAPITAL FUND FINANCING ....... 1 CARDIOVASCULAR ...................... 1
HUD-52840A: p1 24 CFR 8: .3
CAPITAL FUND FINANCING CARE FACILITIES .......................... 3
AMENDMENT ................................. 1 24 CFR 55: .2; .12 (2)
HUD-52840A: p1 CARE TYPE ..................................... 5
CAPITAL FUND FORMULA .......... 2 4910.1 Hbk: Front (2); c1;
24 CFR 905: .10 (2) s100-4 (2)
CAPITAL FUND FORMULAS........ 1 CARE TYPE HOUSING .................. 2
24 CFR 943: .144 4910.1 Hbk: Front (2)
CAPITAL FUND SUBINDICATOR 2 CARE-TYPE ................................... 16
24 CFR 902: .45; .69 4910.1 Hbk: T/C; Intro (2);
s100-1; Idx; ApI (9);
CAPITAL FUNDING ....................... 3 ApJ; ApK
24 CFR 902: .43;
24 CFR 905: .10 (2) CARE-TYPE HOUSING .................. 5
4910.1 Hbk: T/C; Intro (2);
CAPITAL FUNDS ............................ 9 Idx; ApI
24 CFR 902: .25;
24 CFR 905: .10; CARE-TYPE PROPERTIES............. 4
24 CFR 971: .13; 4910.1 Hbk: ApI (3); ApJ
24 CFR 972: .130; CARE-TYPE PROPERTY ................ 4
HUD-50072: p2 (4); p3 4910.1 Hbk: ApI (3); ApK
CAPITAL FUNDS RESERVED ...... 2 CARPET .......................................... 14
7417.1 Hbk: s3-204 (2) 24 CFR 35: .1330 (4);
CAPITAL GAINS ............................. 1 HUD-92264: p3;
1378.0 Hbk: s7-21 4910.1 Hbk: s509-4;
s609-5 (3); ApB; ApE;
CAPITAL IMPROVEMENTS .......... 3 ApF (2); ApH
24 CFR 902: .7; .25;
1378.0 Hbk: s8-191 CARPET CUSHION ......................... 1
4910.1 Hbk: ApF
CAPITAL IMPROVEMENTS
CARPET CUSHIONS ....................... 1
PROGRAM ....................................... 1 4910.1 Hbk: s509-4
24 CFR 902: .7
CARPETED ...................................... 3
CAPITAL INVESTMENTS ............. 1 24 CFR 35: .1320; .1355 (2)
24 CFR 941: .101
CARPETING ................................... 14
CAPITAL NEED............................... 3 24 CFR 35: .1330 (4);
24 CFR 905: .10 (3) 49 CFR 24: .304;
CAPITAL PURPOSES ..................... 1 1378.0 Hbk: s4-3;
24 CFR 941: .103 4910.1 Hbk: s609-5 (2);
CAPITALIZATION .......................... 2 Idx (2);
HUD-92264: p6; p7 7417.1 Hbk: T/C; s3-144 (3)
CAPITALIZED ................................. 5 CARPETS.......................................... 4
24 CFR 42: .350 (2); 4910.1 Hbk: c5; s509-4 (2);
HUD-92264: p6; Idx
1378.0 Hbk: s7-16 (2) CARPORTS ...................................... 5
7417.1 Hbk: s3-146 (4); s10-12 HUD-53001: p2;
CARRIED BACK ..............................1 HUD-53012B: Att7.1;
1378.0 Hbk: s4-5 HUD-5369: s10;
HUD-5370: s36; s46a (2);
CARRIED OVER ..............................3 s46c (2);
24 CFR 902: .7; HUD-92264: p6;
24 CFR 968: .103; 1378.0 Hbk: s3-4. (2);
1378.0 Hbk: s4-5 s3-6 (3); s4-6; s7-16 (2);
CARRYING CHARGES ...................4 s7-21 (4); s7-22 (3);
24 CFR 941: .103; Ex7-1 (3); Ap18a; Ap25;
HUD-92264: p4 (2); 7417.1 Hbk: s3-32 (3); s3-33;
7417.1 Hbk: s10-29 s10-24
CASE FILE ......................................19 CASH ASSISTANCE ........................6
49 CFR 24: .203; 24 CFR 42: .350;
1378.0 Hbk: s1-33; s2-3; 24 CFR 87: .105;
s6-3; Ap2; Ap3; Ap4; 1378.0 Hbk: s3-6 (3); Ap25
Ap5; Ap6; Ap7; Ap8 (4); CASH DONATIONS .........................3
Ap9 (3); Ap25; Ap26 49 CFR 24: .603;
CASE FILES ......................................1 HUD-52484: p5;
1378.0 Hbk: s6-2 1378.0 Hbk: s4-6
CASE-BY-CASE .............................20 CASH ESCROW................................2
24 CFR 8: .25; 24 CFR 968: .135;
24 CFR 35: .160; HUD-5369: s10
24 CFR 41: .4; CASH INCENTIVE ...........................1
24 CFR 51: .103; .105; .207; 1378.0 Hbk: Ap18a
24 CFR 58: .11;
24 CFR 70: .3 (2); CASH PAYMENT .............................1
24 CFR 87: .500; 1378.0 Hbk: s3-4.
24 CFR 941: .612; CASH RENTAL ASSISTANCE .......2
24 CFR 943: .150; 1378.0 Hbk: s7-16 (2)
49 CFR 24: .7; .404 (3); CASH VALUE ...................................2
1378.0 Hbk: s1-31 (2); s1-33; HUD-5370: s36;
7417.1 Hbk: s3-113 7417.1 Hbk: s3-33
CASE-BY-CASE ANALYSIS ..........1 CASING PIPE ....................................1
49 CFR 24: .404 4910.1 Hbk: ApK
CASE-BY-CASE BASIS .................18 CAST IRON .......................................1
24 CFR 35: .160; 4910.1 Hbk: ApF
24 CFR 41: .4;
24 CFR 51: .103; .105; .207; CASUALTY.......................................4
24 CFR 58: .11; 24 CFR 965: .205 (2);
24 CFR 70: .3 (2); 24 CFR 971: .3;
24 CFR 87: .500; 24 CFR 972: .124
24 CFR 941: .612; CASUALTY DAMAGE ....................2
24 CFR 943: .150; 24 CFR 971: .3;
49 CFR 24: .7; .404 (2); 24 CFR 972: .124
1378.0 Hbk: s1-31 (2); s1-33; CASUALTY LOSSES .......................1
7417.1 Hbk: s3-113 24 CFR 965: .205
CASE-BY-CASE DETERMINATION CATASTROPHIC ..............................2
............................................................1 49 CFR 24: .401;
24 CFR 8: .25 1378.0 Hbk: s3-3
CASEMENT SASH ...........................1 CATASTROPHIC OCCURRENCE ..2
4910.1 Hbk: s609-3 49 CFR 24: .401;
CASH ...............................................42 1378.0 Hbk: s3-3
24 CFR 42: .350; CATCH BASINS ...............................2
24 CFR 87: .105; HUD-5087: s2;
24 CFR 968: .135; 7417.1 Hbk: s10-15
49 CFR 24: .603; CATEGORICAL ..............................12
HUD-52484: p5 (2); 24 CFR 50: .19; .20 (2);
HUD-52825: pii; 24 CFR 55: .10;
HUD-52837: piii;

24 CFR 58: .34; .35 (5); 49 CFR 24: .603;
24 CFR 941: .606; HUD-2516: p2 (2);
7417.1 Hbk: s3-92 HUD-51994: p3; p4;
CATEGORICAL EXCLUSION ....... 3 HUD-52832: p2 (4);
24 CFR 55: .10; HUD-52834: p6 (7);
24 CFR 58: .35 (2) HUD-52837: pii (10); piii (3);
HUD-52842: p4 (8);
CATEGORICAL EXCLUSIONS ..... 8 HUD-5370: s27;
24 CFR 50: .19; .20 (2); 1378.0 Hbk: Intro (9);
24 CFR 58: .34; .35 (3); 7417.1 Hbk: Front (9)
7417.1 Hbk: s3-92
CATEGORY 1 ................................ 12
CATEGORICAL USES .................... 1 24 CFR 135: .34 (2); .36 (2);
24 CFR 941: .606 .92 (8)
CATEGORICALLY........................ 12 CATEGORY 1 BUSINESSES .......... 2
24 CFR 50: .16; .19; .20; 24 CFR 135: .36 (2)
.42;
24 CFR 55: .10; CATEGORY 1 PERSONS ................ 1
24 CFR 58: .6; .22; .35 (2); 24 CFR 135: .92
.36; .37; .38 CATEGORY 1 RESIDENTS ............ 2
CATEGORIES ................................ 88 24 CFR 135: .34 (2)
24 CFR 8: .25; CATEGORY 2 ................................ 11
24 CFR 35: .915 (2); 24 CFR 135: .34 (2); .36 (2);
24 CFR 50: .19; .92 (7)
24 CFR 55: .12 (4); CATEGORY 2 BUSINESS .............. 1
24 CFR 902: .20; 24 CFR 135: .92
24 CFR 941: .304;
24 CFR 943: .120; .122; CATEGORY 2 BUSINESSES .......... 2
.124; .128; 24 CFR 135: .36 (2)
24 CFR 945: .203; CATEGORY 2 PERSONS ................ 6
24 CFR 965: .404; .503; 24 CFR 135: .92 (6)
24 CFR 968: .103 (13); CATEGORY 2 RESIDENTS ............ 2
.305 (2); .315 (4); 24 CFR 135: .34 (2)
.325 (4);
24 CFR 971: .3; CATEGORY 3 .................................. 2
24 CFR 972: .124; 24 CFR 135: .34; .36
HUD-5087: Intro; CATEGORY 3 BUSINESSES .......... 1
HUD-52832: p2 (6); 24 CFR 135: .36
HUD-52834: p3 (2); p4 (2);
p6 (7);
CATEGORY 3 RESIDENTS ............ 1
24 CFR 135: .34
HUD-52837: p2; pii (14);
piii (3); CATEGORY 4 .................................. 1
HUD-52842: p2; p4 (8); 24 CFR 135: .36
4910.1 Hbk: s100-4 CATEGORY 4 BUSINESSES .......... 1
CATEGORIES/DEVELOPMENTS . 1 24 CFR 135: .36
24 CFR 968: .325 CAULKED ........................................ 2
CATEGORIES OF COST ................. 1 4910.1 Hbk: s607-2; s609-3
24 CFR 941: .304 CAULKING .................................... 10
CATEGORIZATION ........................ 1 HUD-5087: s7;
24 CFR 902: .75 HUD-51000: p2;
4910.1 Hbk: c5; s507-2 (2);
CATEGORIZED ............................... 3 s607-2; Idx (2); ApC (2)
24 CFR 902: .25; .35; .45
CATEGORY ................................... 93 CAUSE .......................................... 107
24 CFR 35: .150; .160;
24 CFR 51: .101;
24 CFR 51: .201; .208;
24 CFR 58: .35;
24 CFR 58: .1;
24 CFR 135: .34 (5); .36 (6);
24 CFR 135: .76;
.92 (15);
24 CFR 902: .60; .69;
24 CFR 902: .25;
24 CFR 941: .202; .207;
24 CFR 943: .120 (2);
.501 (2); .610;
24 CFR 945: .105;
24 CFR 943: .144;
24 CFR 965: .503; .505;
24 CFR 968: .108; .335 (2);
24 CFR 968: .315 (2); .325;
24 CFR 970: .5; HUD-5370-C: s2;
49 CFR 24: .2 (2); .9; .205; 1378.0 Hbk: s1-4; s1-8;
.206 (2); .207; .401; s1-29; s3-3; Ap20;
.402; .404; .603 (2); 7417.1 Hbk: s11-15 (2)
HUD-2530: p4; CAVITY WALLS ..............................1
HUD-51915: C1.3; C1.4 (2); 4910.1 Hbk: s609-3
D1.4; D1.8; E1.9;
HUD-51975-A: s1.9; CDBG .............................................111
HUD-51971: p1; 24 CFR 35: .900 (3);
HUD-52481: s5 (2); s6; .1000 (3);
s7 (2); 24 CFR 42: .1; .301; .305;
HUD-53012A: s19 (2); 24 CFR 55: .1;
HUD-53012B: Att5.7; Att5.8; 24 CFR 941: .306;
Att6.4 (3); 24 CFR 970: .5;
HUD-5370: s8; s11; s18; HUD-2516: p2 (2);
s30; s46b (2); s46c; 1378.0 Hbk: Intro (8);
s46j; s47b (2); s47c; T/C (8); s1-2; s1-3 (3);
s47g; s1-12 (3); s1-14; s6-1;
HUD-92264: p8; s7-3 (4); s7-7 (3);
1378.0 Hbk: s1-8; s1-31; s7-10 (3); s7-11 (2);
s1-33; s2-7; s3-3; s3-4.; c8 (3); s8-1 (2); s8-3;
s3-5; s3-8; s4-2; s4-4; s8-8 (10); s8-21; s8-22;
s4-5; s8-3; s8-23; s8-34; s8-26; s8-28; s8-49 (9);
s8-43; s8-53; s8-55; s8-58; s8-77; s8-235 (2);
s8-64; s8-74; s8-85; Ap1 (2); Ap25; Ap26;
s8-94; s8-103; s8-114; 7417.1 Hbk: s3-2; s3-73 (5);
s8-124; s8-134; s8-142 (2); s3-74; s3-79 (2); s3-131;
s8-152; s8-172; s8-185; s3-136 (4); s4-14; s4-27;
s8-194; s8-214; s8-222; s5-2; s5-14; s5-21 (2);
s8-232; Ap3; Ap20 (4); s5-24; s6-25; s7-44
7417.1 Hbk: s3-77; s3-113 (2); CDBG ACTIVITIES ..........................2
s3-125 1378.0 Hbk: s8-49;
CAUSED ..........................................55 7417.1 Hbk: s5-21
24 CFR 35: .820; .1330; CDBG ACTIVITY .............................1
24 CFR 51: .201; 7417.1 Hbk: s5-14
24 CFR 902: .25 (3); CDBG APPLICANT ..........................1
24 CFR 968: .112; 7417.1 Hbk: s7-44
24 CFR 970: .6 (2);
49 CFR 24: .2; .103; .205; CDBG APPLICATION......................1
.306 (2); .603; 7417.1 Hbk: s3-136
HUD-2530: p4; CDBG FUNDS .................................15
HUD-51915: C1.3; D1.8; 24 CFR 941: .306;
HUD-52190-A: p1 (3); 24 CFR 970: .5;
HUD-52481: s9; 1378.0 Hbk: s7-10 (3);
HUD-53009-A: p1; s8-8 (3); s8-49 (3);
HUD-53012A: s23 (2); 7417.1 Hbk: s3-73 (2); s3-136;
HUD-5370: s2; s23; s27; s6-25
s30; s33;
1378.0 Hbk: s1-8; s1-29;
CDBG GRANTEE .............................1
24 CFR 42: .305
s2-2; s4-5 (2); s5-3 (5);
s8-83; Ap20 (3); CDBG GRANTS ................................1
4910.1 Hbk: s306; 24 CFR 42: .301
7417.1 Hbk: s3-113; s3-123; CDBG PROGRAM ..........................21
s3-161; s9-74 (3); 24 CFR 35: .900; .1000;
s10-104 (3); s11-28 24 CFR 55: .1;
CAUSES...........................................23 1378.0 Hbk: T/C; s1-2; s1-3;
24 CFR 35: .86; .110; s6-1; s7-7 (2); s7-11 (2);
24 CFR 51: .208; s8-8; s8-21; s8-22;
49 CFR 24: .2; .307; .403; s8-26;
HUD-51915: A2.1; 7417.1 Hbk: s3-79; s3-131;
HUD-5370: s3; s21; s29 (2); s3-136; s4-14; s4-27;
s32 (4); s5-24

CDBG PROGRAMS ......................... 3 4910.1 Hbk: ApG
24 CFR 35: .900; .1000; CEMENT ........................................... 2
7417.1 Hbk: s3-73 4910.1 Hbk: ApE; ApK
CDBG RECIPIENT........................... 2 CEMENT GROUT ............................ 1
7417.1 Hbk: s3-136; s5-2 4910.1 Hbk: ApK
CDBG RECIPIENTS ........................ 3 CENSUS .......................................... 46
1378.0 Hbk: Ap1; 24 CFR 8: .22; .23;
7417.1 Hbk: s3-79; s5-21 24 CFR 902: .25 (5);
CDBG REQUIREMENTS .............. 14 24 CFR 905: .10 (28);
1378.0 Hbk: T/C (4); s8-8 (5); 24 CFR 971: .5;
s8-28; s8-49 (3); s8-58 24 CFR 972: .127 (2);
HUD-52651-A: p1 (2); p6;
CEASE ADDITIONAL SPENDING 2 HUD-92264: p1;
24 CFR 971: .13; 1378.0 Hbk: Ap8 (2); Ap9;
24 CFR 972: .139 7417.1 Hbk: s6-25
CEDAR.............................................. 1 CENSUS BLOCK GROUPS ............ 2
4910.1 Hbk: s609-3 24 CFR 902: .25 (2)
CEILING ......................................... 13 CENSUS BUREAU ........................ 16
24 CFR 902: .23; 24 CFR 905: .10 (16)
24 CFR 965: .101;
HUD-5087: s8; CENSUS DATA ................................ 4
1378.0 Hbk: s3-6; s4-2; 24 CFR 8: .22; .23;
4910.1 Hbk: s100-2; 24 CFR 902: .25 (2)
s403-1 (3); CENSUS TRACT ............................ 10
7417.1 Hbk: s3-113; s3-171; 24 CFR 971: .5;
s3-179; s10-21 24 CFR 972: .127;
CEILING/FLOOR ............................. 2 HUD-52651-A: p1 (2); p6;
HUD-52651-A: p6; HUD-92264: p1;
7417.1 Hbk: s3-174 1378.0 Hbk: Ap8 (2); Ap9;
7417.1 Hbk: s6-25
CEILING/SKYLIGHT ...................... 1
HUD-92264: p3 CENSUS TRACTS ........................... 1
24 CFR 902: .25
CEILING AMOUNT......................... 1
7417.1 Hbk: s3-179 CENSUSES ....................................... 1
24 CFR 968: .103
CEILING AMOUNTS ...................... 1
7417.1 Hbk: s3-171 CENTRAL CITIES ........................... 1
7417.1 Hbk: s5-21
CEILING FINISHES......................... 1
7417.1 Hbk: s10-21 CENTRAL CITY ............................ 45
7417.1 Hbk: T/C (3); s4-1;
CEILINGS ....................................... 10 s5-1 (3); s5-2 (2); s5-3;
24 CFR 35: .1330; s5-16; s5-21; s5-24;
24 CFR 135: .5 (2); s5-25; s6-1; s6-3 (2);
24 CFR 902: .23; s6-4; s6-5; s6-29 (3);
HUD-2516: p2 (2); s6-30 (2); s7-1 (2);
HUD-5087: s8; s7-33 (2); s7-34 (4);
1378.0 Hbk: Intro; s7-44 (2); s7-52 (2);
4910.1 Hbk: s609-3; s7-83 (2); s7-122; s7-123;
7417.1 Hbk: s10-20 s7-124; s7-126 (2);
CELLAR............................................ 1 s7-127 (2)
4910.1 Hbk: s403-1 CENTRAL CITY ALLOCATION
CELLOSOLVE ................................. 2 AREA .............................................. 28
24 CFR 51: .208 (2) 7417.1 Hbk: T/C; s5-1 (2);
CELLULAR ...................................... 2 s5-2; s5-24; s5-25; s6-1;
4910.1 Hbk: ApC; ApF s6-3 (2); s6-4; s6-5;
CELLULAR GLASS......................... 1 s6-29 (3); s6-30 (2);
4910.1 Hbk: ApC s7-1 (2); s7-33 (2);
s7-34 (2); s7-52 (2);
CELLULOSIC ................................... 5 s7-83 (2); s7-123; s7-124
4910.1 Hbk: ApC (4); ApF
CENTRAL CITY ALLOCATION
CELSIUS ........................................... 1 AREAS ............................................ 14
7417.1 Hbk: T/C (2); s5-3; HUD-5369C: s3;
s5-16; s5-21; s7-34 (2); HUD-5370: s36;
s7-44 (2); s7-122; HUD-5370-C: s6 (2);
s7-126 (2); s7-127 (2) 1378.0 Hbk: Intro (2); T/C;
CENTRAL DINING ..........................2 s1-3; s1-6; s1-12;
4910.1 Hbk: s100-2; Idx s3-4. (2); s6-2; s7-16 (5);
s8-113; s8-127; s8-131;
CENTRAL DINING FACILITY .......2 s8-134 (3); s8-137 (2);
7417.1 Hbk: s3-137 (2) s8-145 (3); s8-213;
CENTRAL HEATING PLANT .........1 Ap25 (2); Ap26;
7417.1 Hbk: s3-175 4910.1 Hbk: ApI; ApK (2);
CENTRAL HEATING PLANT .........1 7417.1 Hbk: s1-2; s2-5 (3);
7417.1 Hbk: s3-175 s2-6; s3-33 (2); s3-61 (2);
s5-15; s5-22; s6-29;
CENTRAL HEATING SYSTEM ......1 s6-41; s6-42; s7-34;
24 CFR 965: .401 s7-115; s11-12
CENTRAL KITCHEN .......................7 CERTIFICATE/VOUCHER ..............1
4910.1 Hbk: s100-2; Idx; 7417.1 Hbk: s4-29
7417.1 Hbk: s3-137 (4); s10-25
CERTIFICATE OF COMPLETION .2
CENTRAL KITCHEN FACILITIES.1 HUD-51915: A1.2;
4910.1 Hbk: s100-2 7417.1 Hbk: s3-33
CENTRAL REPAIR SHOP ...............1 CERTIFICATE OF INSURANCE ....3
7417.1 Hbk: s3-132 24 CFR 965: .215;
CENTRAL SYSTEM .........................2 HUD-5370: s36;
HUD-5087: s15; 7417.1 Hbk: s3-33
7417.1 Hbk: s3-148 CERTIFICATES ..............................25
CENTRALLY ....................................1 24 CFR 8: .28;
24 CFR 35: .125 24 CFR 55: .12;
24 CFR 135: .34;
CERAMIC ........................................10 24 CFR 945: .103;
HUD-5087: s9;
24 CFR 970: .11;
4910.1 Hbk: s509-2; s603-1;
24 CFR 972: .218;
s611-1; Idx (2); ApC (2);
HUD-2530: p4;
ApE (2)
HUD-51915: A1.2; D1.7;
CERAMIC TILE ................................9 HUD-53012B: Att5.1; Att7.1;
4910.1 Hbk: s509-2; s603-1; Att7.3 (2);
s611-1; Idx (2); ApC (2); HUD-5370: s3; s11 (4);
ApE (2) s36 (2);
CEREBRAL PALSY .........................1 1378.0 Hbk: s2-5; s3-4.;
24 CFR 8: .3 s8-47; s8-233;
7417.1 Hbk: s3-33
CERTIFICATE ..............................106
24 CFR 8: .28 (4); CERTIFICATES/VOUCHER ............1
24 CFR 35: .720; .1200 (2); 7417.1 Hbk: s4-25
24 CFR 42: .350 (2); CERTIFICATES OF COMPLETION2
24 CFR 50: .17; HUD-51915: A1.2;
24 CFR 58: .2; HUD-5370: s3
24 CFR 902: .71;
24 CFR 943: .120 (2);
CERTIFICATES OF INSURANCE ..7
HUD-51915: D1.7;
24 CFR 965: .215;
HUD-53012B: Att7.1;
24 CFR 968: .145; .428 (2);
Att7.3 (2);
49 CFR 24: .603;
HUD-5370: s36 (2);
HUD-2530: p3 (2); p4;
7417.1 Hbk: s3-33
HUD-51001: p2;
HUD-51915: A1.2; CERTIFICATIOIN ............................1
HUD-52427: p1 (2); HUD-2530: p3
HUD-52484: p4; p5; CERTIFICATION ..........................328
HUD-53001: p1 (2); p2; 24 CFR 35: .82 (6); .92 (3);
HUD-53012B: Att5.2; .96; .110; .1340;
Att5.14 (2); Att5.17 (10); 24 CFR 42: .325;
HUD-5369-A: Intro (2); s1; 24 CFR 58: .2; .4 (4); .6;
s12 (6); .13; .22 (5); .34; .35;

.43; .70; .71 (6); CERTIFICATION OF COMPLIANCE
.72 (5); .73 (4); .74;
.75 (2); .76; .77 (5); ......................................................... 12
24 CFR 87: .100; .110 (9); 24 CFR 135: .9;
.605 (5); 24 CFR 941: .207;
24 CFR 135: .9 (4); 1378.0 Hbk: T/C; s1-29 (2);
24 CFR 902: .7 (2); .25; s2-2; s7-18; s8-38;
.26; .43 (5); .50 (5); s8-89; s8-137; s8-217;
.51; .60 (10); 7417.1 Hbk: s3-129
24 CFR 941: .207 (2); CERTIFICATION OF INTENT TO
.304 (5); .401; .402; COMPLY .......................................... 2
.403; .606 (3); .612; 7417.1 Hbk: s4-24; s4-29
24 CFR 963: .5; .10 (2);
24 CFR 968: .135; .235; CERTIFICATION OF
.320; NONSEGREGATED FACILITIES .. 3
24 CFR 970: .4; .8 (2); HUD-5369-A: Intro; s10 (2)
.11 (2); .13 (3);
24 CFR 971: .3;
CERTIFICATION PROBLEM ......... 1
HUD-2530: p2
24 CFR 972: .124; .133 (3);
.206 (3); .227 (3); CERTIFICATION PROCEDURE .... 2
49 CFR 24: .4; .103; .104; 24 CFR 941: .402;
.208 (10); .303 (2); .401; 24 CFR 972: .206
.602 (4); .603 (6); CERTIFICATION PROCESS........... 1
HUD-2530: p1 (7); p2; 49 CFR 24: .603
p3 (5); p4 (8);
HUD-50070: p1 (14); p2; p3;
CERTIFICATION PROGRAM ........ 6
24 CFR 35: .82 (5); .110
p4; p5 (4);
HUD-51001: p2 (4); CERTIFICATION PROVIDED ........ 2
HUD-51915: T/C; E1.4 (3); 49 CFR 24: .208 (2)
HUD-51975-A: s1.4 (3); CERTIFICATION REGARDING
HUD-51971: p2; p3;
HUD-52651-A: p2; p8; RELOCATION OF RESIDENTS ..... 2
HUD-52825: p1; 24 CFR 970: .4; .8
HUD-5369: s12 (4); CERTIFICATIONS ......................... 59
HUD-5369-A: Intro (6); s1; 24 CFR 58: .18; .72; .77;
s3 (4); s4; s5 (3); s9; 24 CFR 87: .110 (2);
s10 (4); s11 (3); 24 CFR 902: .23; .60 (3);
HUD-5369C: s3; s4; .63 (2); .67;
HUD-5370: s27 (2); s46c (2); 24 CFR 941: .501; .606 (2);
s46d; s46i; s47c; .610;
HUD-92264: p4; p6 (2); p7; 24 CFR 968: .305; .325;
p8 (3); .335;
1378.0 Hbk: T/C; s1-29 (5); 24 CFR 970: .4; .8; .13;
s2-2; s3-3; s4-2 (2); 49 CFR 24: .208 (2);
s5-3; s5-4; s7-18; s7-21; HUD-2530: p1 (2);
s8-7 (2); s8-27 (2); s8-38; HUD-51001: p2 (2);
s8-50; s8-59; s8-67; HUD-52820: p1 (5);
s8-78; s8-83; s8-89 (2); HUD-5369: s1;
s8-99; s8-106; s8-117; HUD-5369-A: Intro (3);
s8-127; s8-137 (3); s8-155; s10 (5); s13;
s8-176; s8-188; s8-197; HUD-5369C: s1; s3; s5;
s8-217; s8-225; Ap20; HUD-5370: s1; s46c; s47c;
4910.1 Hbk: s508-2; ApB; HUD-5370-C: s1;
ApH; 1378.0 Hbk: s1-32; Ap20;
7417.1 Hbk: T/C; s3-16; 7417.1 Hbk: T/C (2);
s3-123; s3-129 (2); s4-24; s4-29 (3); s10-25; s10-54
s4-29 (4); s6-23; s6-30; CERTIFICATIONS REGARDING
s6-41 (2); s7-54 (2);
s7-63; s10-3; s10-14; SITE ................................................... 2
s10-25; s10-54; s11-16 24 CFR 970: .4; .8
CERTIFICATION MANUALLY ..... 3 CERTIFIED ..................................... 83
24 CFR 902: .43; .50 (2)
24 CFR 35: .82 (2); .110 (3); 24 CFR 87: .605;
.115; .165 (3); .1115; 24 CFR 968: .235;
.1330; .1340 (13); .1355; HUD-50071: p1;
24 CFR 70: .4; .5; HUD-51001: p2;
24 CFR 135: .76; HUD-52427: p1;
24 CFR 902: .26; .60 (4); HUD-52651-A: p2; p3; p7;
24 CFR 963: .10 (2); HUD-53001: p1;
24 CFR 965: .101; HUD-53012A: s22 (2);
24 CFR 968: .135; HUD-5369-A: s1; s2; s3;
49 CFR 24: .5; .103; .207; s4; s5; s7; s8; s9;
.208 (2); .306; .603; s10; s11; s13;
HUD-2530: p3 (2); HUD-5369C: s1; s2; s3; s5;
HUD-52344: p1 (2); HUD-5370: s46i;
HUD-52481: s4; HUD-92264: p8;
HUD-53012B: Att5.13; 4910.1 Hbk: s508-2; s508-4;
HUD-5369: s5 (2); s9 (2); 7417.1 Hbk: s8-83
HUD-5369-B: s6 (2); CERTIFY .......................................107
HUD-5370: s46d; 24 CFR 42: .325 (2);
1378.0 Hbk: Intro; s2-3; 24 CFR 58: .5;
s2-7 (2); s4-5; s5-3; 24 CFR 87: .605;
s8-150 (2); Ap2; Ap3; 24 CFR 135: .34; .36;
Ap4; Ap5; Ap6; Ap7; .38 (2);
Ap20 (2); Ap25; Ap26; 24 CFR 902: .7 (2); .25;
4910.1 Hbk: ApC; ApE; .50 (2);
7417.1 Hbk: s2-5; s3-72; 24 CFR 941: .205; .207;
s4-29; s6-29; s6-40; .401; .402; .403 (2);
s11-16 .610; .612;
CERTIFIED CHECK .........................1 24 CFR 968: .108; .135 (3);
HUD-5369: s9 .225; .435 (2);
CERTIFIED CHECKS .......................1 24 CFR 969: .106;
HUD-5369: s9 24 CFR 970: .5; .11;
24 CFR 972: .206;
CERTIFIED COPIES .........................1 49 CFR 24: .208;
24 CFR 963: .10 HUD-2530: p1 (4); p3;
CERTIFIED COPY ............................3 p4 (2);
24 CFR 963: .10; HUD-50070: p1 (4);
7417.1 Hbk: s3-72; s11-16 HUD-50072: p4 (2); p5;
CERTIFIED FINANCIAL HUD-51001: p2 (3);
HUD-51004: p1;
STATEMENTS ..................................4 HUD-51915: C1.5; E1.12 (2);
49 CFR 24: .306; .603; HUD-51975-A: s1.12 (2);
1378.0 Hbk: s2-7; s4-5 HUD-51971: p2 (2);
CERTIFIED MAIL ..........................15 HUD-52344: p1 (2);
24 CFR 135: .76; HUD-52481: s1;
HUD-2530: p3; HUD-52484: p3; p4;
HUD-5369: s5 (2); HUD-52825: p1 (5);
HUD-5369-B: s6 (2); HUD-5369-A: s1; s3; s4;
1378.0 Hbk: Ap2; Ap3; Ap4; HUD-5369C: s3 (2);
Ap5; Ap6; Ap7; Ap25; HUD-5370: s27; s40 (2);
Ap26; s46c; s47c;
7417.1 Hbk: s6-40 HUD-5370-C: s18;
HUD-92264: p8;
CERTIFIED PRICES .........................2 1378.0 Hbk: s7-1; s8-7;
49 CFR 24: .207;
s8-27 (2); s8-38; s8-50;
1378.0 Hbk: s2-7
s8-59; s8-67; s8-78;
CERTIFIED PRODUCTS..................1 s8-89; s8-99; s8-106;
4910.1 Hbk: ApC s8-117; s8-127; s8-137;
CERTIFIED QUESTIONNAIRE ......2 s8-155; s8-176; s8-188;
24 CFR 902: .60 (2) s8-197; s8-201; s8-217;
s8-225;
CERTIFIES ......................................35 4910.1 Hbk: s508-2; s508-4;
24 CFR 35: .730; .830;
s508-5;
.1130; .1225;
7417.1 Hbk: s3-32; s3-129

CERTIFYING ................................. 46 24 CFR 35: .110
24 CFR 35: .92 (2); CHALLENGE ................................... 4
24 CFR 51: .104 (3); .304 (2); 24 CFR 902: .68;
24 CFR 55: .3 (2); .27 (2); 24 CFR 965: .205;
24 CFR 58: .2; .4; .13 (5); 24 CFR 968: .325;
.15; .59; .71 (2); .75; 7417.1 Hbk: s3-163
.76; .77 (4); CHALLENGING .............................. 1
24 CFR 968: .310; .315; 24 CFR 135: .9
24 CFR 969: .105;
24 CFR 970: .14; CHANCE ........................................... 9
49 CFR 24: .601; .603 (2); 24 CFR 55: .2 (3);
HUD-5369-A: s1; 1378.0 Hbk: Ap4; Ap5; Ap6;
HUD-5369C: s3; Ap7; Ap25; Ap26
HUD-5370: s11; CHANGE ...................................... 167
1378.0 Hbk: Ap20; 24 CFR 8: .3;
4910.1 Hbk: s508-2; s508-4; 24 CFR 50: .20; .36 (2);
s509-1 (2); ApA; ApF; 24 CFR 55: .26;
7417.1 Hbk: s3-16 24 CFR 58: .2 (2); .35 (2);
CERTIFYING AGENCY .................. 1 .40; .71 (2);
4910.1 Hbk: ApA 24 CFR 87: .110 (2);
24 CFR 902: .1 (3); .35;
CERTIFYING OFFICER ................ 24 .60 (2); .68 (2); .69 (3);
24 CFR 51: .104 (3); .304 (2); 24 CFR 941: .305 (2);
24 CFR 55: .3; .27 (2); .306 (2);
24 CFR 58: .2; .13 (5); .15; 24 CFR 945: .203;
.59; .71 (2); .75; .76; 24 CFR 965: .401; .402;
.77 (4) .403; .406; .507 (5);
CERTIFYING OFFICERS ................ 1 24 CFR 968: .103; .225 (2);
24 CFR 55: .3 .235;
CERTIFYING ORGANIZATION .... 2 24 CFR 970: .2; .6;
4910.1 Hbk: s508-2; s508-4 49 CFR 24: .102 (2); .306;
.402; .404;
CFF .................................................. 29 HUD-2530: p3;
24 CFR 905: .10 (28); HUD-51000: p2;
HUD-52840A: p1 HUD-51001: p1; p2 (2);
CFF CAPPING .................................. 1 HUD-51002: p1 (11);
24 CFR 905: .10 HUD-51915: A1.2 (2); C1.4;
CFM ................................................... 6 C1.5; D1.7;
4910.1 Hbk: ApB; ApD (4); HUD-52484: p4 (5); p5;
7417.1 Hbk: s10-23 HUD-52540: p2 (7); p7 (2);
HUD-52837: pii; piii;
CFM SPACE REQUIREMENTS ..... 1 HUD-52842: p3;
7417.1 Hbk: s10-23 HUD-53012B: Att5 Intro;
CGP ANNUAL STATEMENT ......... 5 Att5.12 (4);
24 CFR 968: .105; .120; HUD-5369: s2;
.125; .130; .305 HUD-5370: s1; s3 (2); s9;
s12; s20; s28 (3);
CGP ANNUAL STATEMENT/FIVE- s29 (14); s37;
YEAR ACTION PLAN ..................... 1 HUD-5370-C: s1; s2;
24 CFR 968: .125 HUD-5378: p2;
CGP ANNUAL SUBMISSION ........ 3 HUD-92264: p1;
24 CFR 968: .102; .112 (2) 1378.0 Hbk: Intro (4); s1-8;
s3-7; s4-5; s5-2 (2);
CHAIRPERSON ............................... 7 s7-7;
24 CFR 902: .75; .79;
4910.1 Hbk: Front (4);
24 CFR 968: .305;
T/C (2); s3-33; s3-72 (2);
24 CFR 970: .3;
s3-161; s3-166 (4); s3-167;
HUD-52190-B: p1 (2);
s3-179; s3-204 (3); s7-44;
HUD-53012A: s23
s8-53; s9-5; s9-13;
CHAIRPERSON OF THE BOARD . 1 s9-74 (2); s10-4; s10-24;
24 CFR 902: .79 s10-104 (3); s12-12 (2);
CHALKING ...................................... 1 s12-13 (2)
CHANGE IN CIRCUMSTANCES ...1 24 CFR 965: .205; .405 (2);
24 CFR 55: .26 .407 (2); .506 (2);
.507 (6);
CHANGE IN DESIGNATION ..........1 24 CFR 968: .225; .310 (2);
24 CFR 902: .35 .315; .320 (2); .325;
CHANGE IN OWNERSHIP ..............1 24 CFR 970: .7; .11;
HUD-2530: p3 24 CFR 971: .13 (2);
CHANGE IN STATUS ......................1 49 CFR 24: .305;
49 CFR 24: .404 HUD-2530: p4;
HUD-51915: A1.2 (2); C1.5 (3);
CHANGE IN THE SCOPE ................1 HUD-51971: p2 (2); p3 (3);
24 CFR 58: .71 HUD-52396: p1 (3);
CHANGE ORDER ...........................12 HUD-52481: s5;
HUD-51002: p1 (3); HUD-52484: p4;
HUD-52484: p4; HUD-52540: p2;
HUD-5370: s1; s12; s28; HUD-52837: piii;
s29 (4); HUD-5369: s1 (2);
HUD-5370-C: s1 HUD-5370: T/C; s1 (2);
s3 (2); s9; s10; s12;
CHANGE ORDERS ........................29 s16; s28; s29 (3);
HUD-51001: p1; p2 (2);
HUD-5370-C: s1; s2 (2); s4;
HUD-51002: p1 (8);
HUD-5372: p2;
HUD-51915: A1.2 (2);
1378.0 Hbk: Intro (7); s1-8;
HUD-52484: p4 (3);
s4-4; Ap20 (3);
HUD-53012B: Att5 Intro;
4910.1 Hbk: Front (3); s100-5;
Att5.12;
ApI (4); ApK (19);
HUD-5370: s3; s37;
7417.1 Hbk: Front (3);
HUD-5378: p2;
T/C (4); s2-5 (3); s2-6;
7417.1 Hbk: T/C (2); s3-179;
s2-7; s3-166; s3-167;
s10-24; s12-12 (2);
s3-178 (2); s3-179 (2);
s12-13 (2)
s3-204; s4-12; s4-25;
CHANGED ......................................38 s5-12; s5-22; s6-25;
24 CFR 50: .20 (3); s7-4; s7-52; s7-83 (3);
24 CFR 51: .106 (2); s7-84; s7-92; s7-93;
24 CFR 58: .35 (3); .47; s8-73; s9-13; s9-15 (9);
.53; s9-42; s9-52; s9-53 (3);
24 CFR 902: .63; s9-72 (2); s9-102 (4);
24 CFR 972: .221 (2); s10-3; s10-14; s10-29 (3);
HUD-52481: s9; s10-62; s10-63; s10-72;
HUD-52484: p2 (2); p7; s10-73 (3); s10-85;
HUD-52832: p2 (2); s10-102; s10-132 (2);
HUD-5369: s3; s11-12; s11-17; s11-28 (2)
HUD-5370: s8; s29 (2);
HUD-5370-C: s2 (2);
CHANGES IN CIRCUMSTANCES .1
24 CFR 965: .507
HUD-92264: p1;
1378.0 Hbk: s8-150 (4); CHANGES IN MANAGEMENT
4910.1 Hbk: ApI (2); ApK (6) POLICIES ..........................................1
CHANGES .....................................215 24 CFR 8: .21
24 CFR 8: .3 (2); .21 (6); CHANGES IN SCOPE OF WORK ...1
.24 (8); .25; 24 CFR 968: .320
24 CFR 50: .19 (3); .20;
.33; CHANGES IN WORK CATEGORIES
24 CFR 51: .106; .302; ............................................................1
.305 (3); 24 CFR 968: .315
24 CFR 55: .12; CHANGING.......................................7
24 CFR 58: .34; .35; 24 CFR 968: .115;
.47 (2); .60; 24 CFR 970: .2 (2);
24 CFR 87: .605; HUD-52540: p2 (2);
24 CFR 135: .2; 1378.0 Hbk: s4-7;
24 CFR 902: .60; .75; 7417.1 Hbk: s3-204
24 CFR 941: .305;
24 CFR 943: .118; CHARACTER ..................................18
24 CFR 945: .203; 24 CFR 8: .3;

24 CFR 51: .105; 24 CFR 968: .112;
24 CFR 58: .40; 49 CFR 24: .106; .304 (2);
49 CFR 24: .102; .502;
HUD-2516: p2; HUD-51994: p2;
HUD-5087: s16; HUD-52481: s1;
HUD-51915: A1.2; HUD-53012A: s2;
HUD-52481: s5; HUD-5370: s11; s15; s22;
HUD-52835: p1; HUD-92264: p4 (2);
HUD-5370: s7 (2); s8; 1378.0 Hbk: s1-8; s3-8;
1378.0 Hbk: s1-8; s5-2; s4-3 (2); s5-6; s8-234;
s7-7; Ap9; Ap20 (2) 7417.1 Hbk: s3-74; s3-137 (3);
CHARACTER/USE .......................... 2 s10-29
1378.0 Hbk: s1-8 (2) CHARITABLE .................................. 1
CHARACTERISTIC ......................... 1 24 CFR 70: .3
24 CFR 8: .3 CHART............................................ 14
CHARACTERISTICS ..................... 49 24 CFR 51: .303;
24 CFR 51: .103; .106; HUD-5370: s6 (3);
24 CFR 87: .200; 1378.0 Hbk: Intro (3);
24 CFR 902: .68; s5-1 (2); s8-51 (2);
24 CFR 905: .10 (4); s8-91 (2);
24 CFR 968: .103 (2); 7417.1 Hbk: s3-165
.310 (11); CHARTER ........................................ 1
24 CFR 972: .218; 24 CFR 963: .10
49 CFR 24: .103; .205; .404; CHARTERED ................................... 4
.603; 24 CFR 87: .105;
HUD-51994: p3; p4; 24 CFR 965: .205;
HUD-52832: p2; HUD-5369-A: s3;
HUD-5370-C: s13b (2); HUD-5370-C: s13a
1378.0 Hbk: s2-2; s5-3;
Ap8 (2); Ap9; Ap20 (3); CHARTERED
4910.1 Hbk: Intro; PROPERTY/CASUALTY
7417.1 Hbk: T/C; s3-76; UNDERWRITER .............................. 1
s3-78; s6-25 (2); 24 CFR 965: .205
s6-26 (2); s6-43; s10-23
CHARTING ...................................... 1
CHARGE ......................................... 16 HUD-5372: p2
49 CFR 24: .101; .603;
HUD-51994: p2; p6; CHARTS ........................................... 1
HUD-52481: s3; s5 (3); 24 CFR 51: .203
HUD-5370: s15; s16; s20 (4); CHAS ................................................ 3
HUD-5370-C: s9; 24 CFR 945: .105; .203 (2)
1378.0 Hbk: Ap20
CHECK............................................ 53
CHARGEABLE ................................ 9 HUD-2516: p1; p2 (3);
HUD-52484: p2 (7); p5; HUD-2530: p1; p2;
HUD-53012A: s10 HUD-50070: p1;
CHARGED ...................................... 26 HUD-50072: p4;
24 CFR 965: .505; HUD-51004: p1 (2);
24 CFR 968: .112; HUD-52540: p2 (2); p6 (2);
49 CFR 24: .401; p7 (12); p8 (5);
HUD-52481: s3 (3); Att; HUD-52825: pi (2);
HUD-52484: p4; p5 (5); HUD-52832: p2 (3);
HUD-53012B: Att6.5 (4); HUD-52836: p1;
HUD-5369: s10; HUD-52837: pi;
HUD-5370: s15 (2); s32; HUD-52840A: p1;
HUD-5370-C: s2; HUD-52842: p3;
1378.0 Hbk: s1-8; s7-10; HUD-5369: s9; s10; s12;
7417.1 Hbk: s3-18; s3-74 HUD-5369-A: s1; s7;
HUD-5369C: s2;
CHARGES ...................................... 34 HUD-5370: s11;
24 CFR 58: .59; HUD-5372: p2;
24 CFR 941: .103; HUD-92264: p3;
24 CFR 965: .404 (2); 1378.0 Hbk: Ap8;
.405 (4); .501; .506;
4910.1 Hbk: s608-2; 24 CFR 35: .140;
7417.1 Hbk: s3-175; s3-204 HUD-51915: C2.4;
CHECK METERS..............................1 4910.1 Hbk: s606-1 (2);
7417.1 Hbk: s3-175 s615-2; ApK (3)
CHECKED .......................................15 CHEMICALLY ..................................2
HUD-2516: p2 (5); 4910.1 Hbk: ApK (2)
HUD-51003: p1 (3); CHEMICALLY POISONED .............1
HUD-52651-A: p8 (2); 4910.1 Hbk: ApK
HUD-52832: p2 (3); CHEMICALS ...................................13
HUD-5370: s47; 24 CFR 50: .3;
HUD-92264: p5 24 CFR 51: .106; .201; .208;
CHECKING .......................................4 24 CFR 58: .5;
HUD-52651-A: p7 (2); p8 (2) 4910.1 Hbk: s203; ApK;
CHECKLIST ....................................45 7417.1 Hbk: T/C (2);
1378.0 Hbk: Ap15; s3-95 (2); s3-102 (2)
7417.1 Hbk: s4-22 (2); CHICAGO ........................................10
s4-23 (2); s4-24; 24 CFR 905: .10 (8);
s4-25 (2); s4-26 (2); 4910.1 Hbk: ApH (2)
s4-27 (2); s7-4 (3); s7-13; CHICAGO HOUSING AUTHORITIES
s7-31; s7-41; s7-51;
s7-61; s7-71; s7-81; ............................................................4
s7-91; s7-111; s8-23; 24 CFR 905: .10 (4)
s8-31; s8-41; s8-42; CHIEF EXECUTIVE OFFICER .....15
s8-51; s8-61; s8-63; 24 CFR 902: .60 (2); .75;
s9-33; s9-51; s9-61; 24 CFR 941: .606;
s9-71; s9-81; s9-91; 24 CFR 968: .305; .315;
s10-43; s10-51; s10-71; 24 CFR 970: .3; .8; .11;
s10-81; s10-101; s10-111; HUD-52835: p1 (3);
s10-121; s11-17 7417.1 Hbk: s2-5; s7-14;
CHECKLISTS ..................................15 s7-125
7417.1 Hbk: s4-22 (2); s4-28; CHILD ..............................................82
s7-12; s7-13; s7-16; 24 CFR 35: .86; .110 (5);
s8-22; s8-23; s8-24; .115; .165 (2); .325 (3);
s9-32; s9-33; s9-34; .715 (3); .720 (2);
s10-42; s10-43; s10-44 .730 (7); .820 (2);
CHECKMETERED ...........................2 .830 (8); .1120 (3);
24 CFR 965: .502; .505 .1130 (8); .1200;
.1225 (8); .1330;
CHECKMETERING ..........................6 24 CFR 50: .19;
24 CFR 965: .401 (3); 24 CFR 58: .34;
.404 (2); .405 24 CFR 945: .303;
CHECKMETERS.............................18 24 CFR 972: .130; .230;
24 CFR 965: .401; .402 (2); 49 CFR 24: .203; .208 (5);
.403; .404 (5); .405; HUD-52651-A: p8;
.407; .501; .505; HUD-53012A: s19;
.506 (2); 1378.0 Hbk: s2-4; s2-5;
HUD-51994: p7 (2); s7-21 (4); s7-22 (2);
7417.1 Hbk: s3-175 7417.1 Hbk: T/C; s3-132;
CHECKS ..........................................13 s3-133 (3); s10-25
24 CFR 42: .350 (2); CHILD CARE ..................................10
HUD-53012B: Att7.1; 24 CFR 50: .19;
HUD-5369: s9; 24 CFR 58: .34;
1378.0 Hbk: Intro; s3-2; 1378.0 Hbk: s2-4; s2-5;
s7-16; Ap25 (2); Ap26 (2); s7-21 (3); s7-22 (2);
7417.1 Hbk: s3-32; s11-12 7417.1 Hbk: s3-133
CHECKSHEET ..................................1 CHILD CARE CENTER ...................1
24 CFR 50: .19 7417.1 Hbk: s3-133
CHECKWALLS.................................1 CHILD CARE EXPENSES ...............1
HUD-5087: s2 1378.0 Hbk: s7-22
CHEMICAL .......................................8 CHILD CARE FACILITIES ..............6

24 CFR 35: .1200; 4910.1 Hbk: ApH (2); ApI;
HUD-52651-A: p8; ApK
7417.1 Hbk: T/C; s3-133 (2); CIAP .............................................. 164
s10-25 24 CFR 35: .1115; .1135 (6);
CHILD CARE FACILITY ................ 1 24 CFR 905: .10 (2);
7417.1 Hbk: s3-132 24 CFR 965: .805 (3);
CHILD SUPPORT ............................ 1 24 CFR 968: .101 (5); .102;
1378.0 Hbk: s7-21 .103 (6); .104 (5);
.105 (3); .108; .112 (17);
CHILDREN ..................................... 37 .120 (2); .125 (2); .130;
24 CFR 35: .86; .92 (3); .135 (8); .205 (2);
.110; .715; .820 (2); .210 (4); .215 (2);
.1120; .1200 (2); .225 (3); .305; .310;
.1225 (2); .1320; .320; .335;
.1330 (2); 24 CFR 970: .2 (2);
24 CFR 51: .208 (2); 24 CFR 971: .7;
24 CFR 941: .203 (2); .304; HUD-50072: p1 (18); p2 (4);
24 CFR 945: .105; .203; pi (11); pii (9); piii;
1378.0 Hbk: s7-21 (3); HUD-52832: p2 (6);
s7-22 (2); s8-72 (2); HUD-52834: p5; p6 (2);
7417.1 Hbk: s3-75 (3); HUD-52837: pi; pii;
s6-25 (3); s7-24 HUD-53001: p1; p2 (2);
CHILDREN'S .................................... 1 HUD-53009-A: p1 (9);
24 CFR 35: .110 1378.0 Hbk: Intro (2);
CHILD'S ............................................ 7 T/C (2); s1-3 (2); s8-90;
24 CFR 35: .730 (2); .830 (2); s8-91 (2); s8-92 (3);
.1130 (2); .1225 s8-94; s8-98; s8-101;
s8-103; s8-10
CHILLER .......................................... 2 CIAP APPLICANT ........................... 2
HUD-51994: p7 (2)
HUD-52820-C: p1 (2)
CHILLERS ........................................ 1
HUD-5087: s15 CIAP APPLICATION ..................... 13
24 CFR 35: .1135 (2);
CHIMNEYS ...................................... 7 24 CFR 968: .102; .112 (5);
HUD-5087: s4; .210; .215; .225 (2);
4910.1 Hbk: ApI (2); ApK (3); HUD-52820-C: p1
7417.1 Hbk: s10-18
CIAP BUDGET ............................... 25
CHIP .................................................. 1 24 CFR 968: .101; .105;
24 CFR 35: .1315 .112; .120; .125 (2);
CHIPPING ......................................... 1 .130; .135; .225; .305;
24 CFR 35: .110 HUD-52820: p1 (4); p2 (2);
pi (5);
CHIPS ................................................ 9 HUD-53001: p2;
24 CFR 35: .92; .110 (3);
HUD-53009-A: p1 (3)
.1340 (3); .1345 (2)
CHLORINATED POLY ................... 1 CIAP BUDGET/PROGRESS REPORT
4910.1 Hbk: ApF ........................................................... 3
HUD-52825: pi; pii; piii
CHOICE LIMITING ACTIONS ....... 1
24 CFR 58: .71 CIAP BUDGET/REVISION ............. 1
HUD-52825: p1
CHORE.............................................. 1
24 CFR 945: .105 CIAP BUDGET AMOUNT .............. 1
24 CFR 968: .135
CHORE ASSISTANCE .................... 1
24 CFR 945: .105 CIAP BUDGET REVISED ............... 1
HUD-52825: p1
CHRONIC ......................................... 1
1378.0 Hbk: s8-72 CIAP BUDGET REVISION ............. 1
HUD-52825: pii
CHRONICALLY .............................. 1
24 CFR 8: .3 CIAP BUDGETS............................... 1
24 CFR 968: .320
CHRONOLOGICALLY ................... 1
HUD-52484: p3 CIAP EXPERIENCE......................... 1
24 CFR 968: .335
CHURCH .......................................... 4
CIAP FUNDING ................................2 24 CFR 965: .505; .507;
24 CFR 965: .805; 24 CFR 968: .110; .310 (3);
24 CFR 968: .210 24 CFR 970: .11;
24 CFR 972: .130;
CIAP FUNDING APPROVAL ..........1 49 CFR 24: .102; .203; .204;
24 CFR 968: .205 .402 (2); .404 (2); .502;
CIAP FUNDS ...................................17 .504; .603 (8);
24 CFR 35: .1135 (3); HUD-2530: p1; p4 (2);
24 CFR 968: .103; .112 (2); HUD-51915: C1.5;
HUD-52825: pi; pii (3); HUD-52651-A: p7 (2);
HUD-52832: p2 (2); HUD-5369-A: s1;
HUD-52834: p5; p6 (2); HUD-5369C: s3;
HUD-52837: pi; pii HUD-5370: s13; s29;
CINDERS ...........................................1 HUD-5378: p1;
4910.1 Hbk: s603-1 1378.0 Hbk: s1-6; s2-3;
s3-4. (2); s3-8; s5-2;
CIRCUITS ..........................................2 s7-7; s7-10; s8-72;
HUD-5087: s16; s8-83; s8-150; Ap2; Ap3;
4910.1 Hbk: ApK Ap4; Ap5; Ap6; Ap7;
CIRCULATE .....................................1 Ap20; Ap25; Ap26;
24 CFR 58: .52 7417.1 Hbk: s1-5; s3-19;
s3-32; s3-123; s3-179;
CIRCULATING .................................3 s7-2; s11-15
HUD-51994: p7;
7417.1 Hbk: s3-175; s10-23 CIRCUMSTANCES WARRANT .....1
24 CFR 51: .207
CIRCULATING LINES ....................1
7417.1 Hbk: s10-23 CIRCUMSTANCES WARRANTING1
24 CFR 51: .106
CIRCULATING PUMP .....................1
HUD-51994: p7 CIRCUMVENT .................................4
24 CFR 135: .38;
CIRCULATING PUMPS ...................1 HUD-51915: E1.12;
7417.1 Hbk: s3-175
HUD-51975-A: s1.12;
CIRCULATION ...............................13 HUD-5370: s40
24 CFR 51: .106;
24 CFR 58: .43; .53;
CIRCUMVENTED ............................1
24 CFR 968: .320
24 CFR 135: .92 (2);
4910.1 Hbk: Front; s305; c4; CIRCUMVENTED THE INTENT ....1
s400-1; s402; Idx (2); 24 CFR 968: .320
7417.1 Hbk: s6-39 CITATION .........................................6
CIRCUMSCRIBED ...........................1 24 CFR 41: .6 (2);
24 CFR 51: .201 24 CFR 902: .79;
1378.0 Hbk: Intro (2); s1-2
CIRCUMSTANCE.............................2
24 CFR 902: .25; CITATIONS .......................................3
HUD-5370: s6 24 CFR 41: .6;
1378.0 Hbk: Intro (2)
CIRCUMSTANCES ......................119
24 CFR 8: .25; CITIES .............................................25
24 CFR 35: .86; 24 CFR 35: .900; .1000;
24 CFR 41: .5; 24 CFR 42: .301;
24 CFR 50: .19; .20 (2); HUD-2516: p2;
.34 (3); HUD-2530: p4;
24 CFR 51: .103; .106; 1378.0 Hbk: Intro (4); T/C;
.207 (2); s1-3; s1-12; s7-3 (2);
24 CFR 55: .26; s7-7; c8; s8-1; s8-3;
24 CFR 58: .2; .22; .34; s8-62; s8-72 (3);
.35 (4); .37; .46; 7417.1 Hbk: s3-73; s4-14;
.47 (3); .52; .56; .60; s5-21
24 CFR 87: .400 (2); CITIZEN ..........................................10
24 CFR 135: .92 (2); 24 CFR 58: .43;
24 CFR 902: .5; .25 (12); 49 CFR 24: .2; .208 (6);
.35 (3); .43; .50; .51; 1378.0 Hbk: s1-33;
.67; .71; 7417.1 Hbk: s3-73
24 CFR 943: .130; .148;
CITIZEN GROUPS............................1

1378.0 Hbk: s1-33 24 CFR 945: .301;
CITIZEN OR NATIONAL ............... 5 24 CFR 968: .320; .325;
49 CFR 24: .208 (5) 24 CFR 970: .11;
49 CFR 24: .8 (3); .205 (2);
CITIZEN PARTICIPATION ............ 2 HUD-2530: p1 (2); p4;
24 CFR 58: .43; HUD-50070: p1 (4);
7417.1 Hbk: s3-73 HUD-51001: p2;
CITIZEN PARTICIPATION PROCESS HUD-51002: p1 (3);
........................................................... 1 HUD-51915: A1.1; E1.17;
24 CFR 58: .43 HUD-51975-A: s1.7;
HUD-51971: p2;
CITIZENS ......................................... 5 HUD-52427: p1;
24 CFR 51: .101; HUD-52484: p3; p4;
49 CFR 24: .2; HUD-52651-A: p2 (2); p5;
HUD-5369-A: s7; HUD-53001: p1;
HUD-5369C: s2; HUD-53012A: Intro; s12 (4);
7417.1 Hbk: s3-94 s17;
CITIZENSHIP ................................... 1 HUD-5369-A: s3;
49 CFR 24: .208 HUD-5370: s46c; s47c;
HUD-5370-C: s13d (2);
CITY ................................................ 79 HUD-92264: p8;
24 CFR 905: .10 (4);
1378.0 Hbk: s1-29; s1-32 (2);
24 CFR 968: .305;
s6-1;
HUD-2516: p1 (2); p2;
4910.1 Hbk: ApB; ApH;
HUD-2530: p1 (2); p2;
7417.1 Hbk: s1-5; s3-42 (2);
p3 (2);
s3-49; s3-77 (2);
HUD-50070: p1 (2); p2; p3;
s4-24 (4); s4-29; s4-30;
HUD-52190-A: p2 (3);
s6-4; s7-52; s7-53; s7-54
HUD-52481: Att;
HUD-52651-A: p2; p6; CIVIL ACTION ................................ 1
HUD-53012B: Att6.8; 24 CFR 35: .96
HUD-5372: p1; CIVIL AIRPORT .............................. 2
1378.0 Hbk: Ap3 (4); Ap20 (2); 24 CFR 51: .301 (2)
7417.1 Hbk: T/C (3); s2-5;
s3-173; s4-1; s5-1 (3); CIVIL AIRPORTS ............................ 8
s5-2 (2); s5-3; s5-16; 24 CFR 51: .208; .300 (2);
s5-21 (2); s5-24; s5-25; .301 (2); .303; .305 (2)
s6-1; s6-3 (2); s6-4; CIVIL MONEY PENALTIES .......... 1
s6-5; s6-29 (3); s6-30 (2); 7417.1 Hbk: s4-30
s7-1 (2); s7-33 (2); CIVIL PENALTIES ........................ 19
s7-34 (4); s7-44 (2); 24 CFR 87: .405; .605;
s7-52 (2); s7-83 (2); 24 CFR 902: .60;
s7-122; s7-123; s7-124; HUD-2530: p1 (4);
s7-126 (2); s7-127 (2) HUD-51001: p2;
CITY COUNCIL ............................... 1 HUD-51002: p1 (3);
7417.1 Hbk: s2-5 HUD-51971: p2;
CITY MANAGER............................. 1 HUD-52427: p1;
24 CFR 968: .305 HUD-52484: p3; p4;
HUD-52651-A: p5;
CIVIC ................................................ 1 HUD-53001: p1;
24 CFR 70: .3 HUD-5370-C: s13d;
CIVIL ............................................ 105 HUD-92264: p8
24 CFR 8: .50; CIVIL PENALTY ........................... 15
24 CFR 35: .92 (2); .96 (3); 24 CFR 35: .92;
24 CFR 51: .106; .208; 24 CFR 87: .400 (9); .605 (2);
.300 (2); .301 (4); .303; HUD-50071: p1;
.305 (2); HUD-5369-A: s3;
24 CFR 87: .400 (9); .405 (2); HUD-5370-C: s13d
.605 (3);
24 CFR 902: .24; .60; .67; CIVIL RIGHTS ............................... 44
.77 (2); 24 CFR 8: .50;
24 CFR 941: .202 (2); 24 CFR 902: .67;
24 CFR 943: .122 (2); 24 CFR 941: .202 (2);
24 CFR 943: .122 (2);
24 CFR 945: .301; CLAIM FOR MOVING AND
24 CFR 968: .320; .325;
24 CFR 970: .11; RELATED EXPENSES .....................3
49 CFR 24: .8 (3); .205 (2); 1378.0 Hbk: T/C; s3-2; Ap11
HUD-2530: p1; CLAIM FOR PAYMENT ..................2
HUD-51915: E1.17; 49 CFR 24: .207;
HUD-51975-A: s1.7; 1378.0 Hbk: s2-7
HUD-52651-A: p2 (2); CLAIM FOR RENTAL ASSISTANCE
HUD-53012A: Intro; s12 (4);
s17; ............................................................2
1378.0 Hbk: s1-29; s1-32 (2); 1378.0 Hbk: T/C; Ap14
s6-1; CLAIM FOR REPLACEMENT
7417.1 Hbk: s1-5; s3-42 (2);
s3-49; s3-77 (2);
HOUSING PAYMENT......................3
1378.0 Hbk: T/C; s3-3; Ap13
s4-24 (4); s6-4; s7-52;
s7-53; s7-54 CLAIM FORM .................................11
1378.0 Hbk: s2-5; s3-2;
CIVIL RIGHTS ACT .......................21 s3-3; s3-4.; s3-7; s4-2;
24 CFR 941: .202 (2);
s4-3; s4-5; s6-2; s7-16;
24 CFR 945: .301;
Ap9
49 CFR 24: .8 (3); .205 (2);
HUD-51915: E1.17; CLAIM FORMS ................................2
HUD-51975-A: s1.7; 1378.0 Hbk: s1-1; Ap8
HUD-52651-A: p2 (2); CLAIMS FOR RELOCATION
HUD-53012A: s12;
1378.0 Hbk: s1-32 (2);
PAYMENTS ......................................4
1378.0 Hbk: T/C; s2-7;
7417.1 Hbk: s3-42 (2); s3-49;
s8-83;
s3-77 (2); s4-24
7417.1 Hbk: s3-123
CIVIL RIGHTS COMPLIANCE .......4 CLAIMS-MADE ................................1
24 CFR 943: .122;
HUD-5370: s36
24 CFR 968: .320; .325;
1378.0 Hbk: s6-1 CLARIFICATIONS ...........................1
CIVIL RIGHTS COMPLIANCE HUD-5369: s2
FINDINGS .........................................2 CLARIFIES ........................................2

1378.0 Hbk: Intro (2)
24 CFR 968: .320; .325
CIVIL RIGHTS OFFICIAL ...............1 CLARIFY ...........................................4
24 CFR 135: .76;
24 CFR 8: .50
HUD-51915: A1.2;
CIVIL SUITS .....................................1 1378.0 Hbk: Intro (2)
24 CFR 35: .92
CLARIFYING ....................................2
CIVILIAN ..........................................1 7417.1 Hbk: s8-42; s9-62
24 CFR 51: .301
CLASS .............................................19
CLAIM FOR ....................................33 49 CFR 24: .603;
49 CFR 24: .207 (2); .208; HUD-52540: p1;
.305; HUD-53012A: s19 (3);
HUD-51915: D1.1; D1.3; HUD-53012B: Att5.7;
HUD-53012B: Att5.7; Att5.12; HUD-5370: s46a (2); s47a;
1378.0 Hbk: T/C (6); s1-31; 1378.0 Hbk: s4-6; s8-5;
s2-6; s2-7 (2); s3-2 (2); s8-25; s8-31; s8-46;
s3-3; s3-4.; s4-2; s4-4; 4910.1 Hbk: ApC (4);
s4-5; s7-16; s8-143; 7417.1 Hbk: s9-13
Ap11; Ap13; Ap14; Ap16;
Ap17; Ap27
CLASS FEES .....................................2
49 CFR 24: .603;
CLAIM FOR ACTUAL 1378.0 Hbk: s4-6
REASONABLE MOVING AND CLASS MEMBER .............................2
RELATED EXPENSES .....................3 HUD-53012A: s19 (2)
1378.0 Hbk: T/C; s4-2; Ap16 CLASS MEMBER'S ..........................1
CLAIM FOR FIXED PAYMENT .....3 HUD-53012A: s19
1378.0 Hbk: T/C; s4-5; Ap17 CLASSED ..........................................1
24 CFR 51: .103

CLASSES .......................................... 5 24 CFR 35: .1330 (2); .1340;
49 CFR 24: .2; .1345 (2); .1350;
HUD-53012A: s19 (3); HUD-5370: s16;
1378.0 Hbk: s1-17 4910.1 Hbk: s403-1
CLASSIFICATION ......................... 51 CLEANER ......................................... 1
24 CFR 58: .23; 24 CFR 35: .110
HUD-5087: Intro; CLEANING ....................................... 9
HUD-52396: p1 (2); p2; p4; 24 CFR 35: .110; .1330;
HUD-53012B: Att5.10; .1350 (3); .1355;
HUD-5370: s46a (16); s46c (2); 24 CFR 70: .3;
s46d (5); s47a (10); 4910.1 Hbk: s100-2; ApK
s47c (2); CLEANING EXPENSES .................. 1
HUD-5378: p2 (2); 24 CFR 70: .3
1378.0 Hbk: s5-2 (2);
s6-2 (2); Ap8; Ap9; Ap20 CLEAN-OUT .................................... 1
4910.1 Hbk: ApK
CLASSIFICATIONS ........................ 6
HUD-52484: p5; CLEAN-OUT PLUG ......................... 1
HUD-53012B: Att5.10; Att5.11; 4910.1 Hbk: ApK
Att5.16 (2); CLEANOUTS ................................... 4
7417.1 Hbk: s10-24 4910.1 Hbk: ApI; ApK (2);
CLASSIFIED .................................. 11 7417.1 Hbk: s10-23
24 CFR 87: .600; CLEANUP ......................................... 2
24 CFR 941: .201 (2); 24 CFR 35: .110;
24 CFR 968: .103; 24 CFR 968: .112
49 CFR 24: .10; CLEAR PENETRATING
HUD-2530: p1;
HUD-5370: s46a; s47a; PRESERVATIVES ........................... 1
1378.0 Hbk: Ap20 (2); 4910.1 Hbk: s609-3
7417.1 Hbk: s10-24 CLEAR STATEMENT ..................... 1
CLASSIFY ........................................ 1 1378.0 Hbk: s8-143
1378.0 Hbk: Ap20 CLEAR TITLE .................................. 2
CLAY ................................................ 5 24 CFR 968: .101;
4910.1 Hbk: ApE (2); ApK (3) 1378.0 Hbk: s5-9
CLEAN ............................................ 25 CLEAR TITLES ................................ 1
24 CFR 35: .1330; 7417.1 Hbk: s3-163
24 CFR 50: .4; CLEAR ZONE ................................ 12
24 CFR 58: .5; 24 CFR 51: .301; .303 (6);
49 CFR 24: .603; 24 CFR 58: .5; .6 (4)
HUD-51915: T/C; E1.14 (3);
HUD-51975-A: s1.4 (3);
CLEAR ZONES .............................. 24
24 CFR 51: .208 (2); .300 (2);
HUD-5369-A: Intro; s11;
.301 (4); .303 (4);
HUD-5370: T/C; s2; s16;
.304 (2); .305 (10)
s18 (4);
4910.1 Hbk: s603-1; CLEARANCE ............................... 149
7417.1 Hbk: s3-98 (3); s3-113 24 CFR 35: .110 (6); .115;
.120 (2); .125; .165;
CLEAN AIR .................................... 17 .175; .210; .325;
24 CFR 50: .4;
.510 (4); .620; .630;
24 CFR 58: .5;
.715 (2); .720 (2);
HUD-51915: T/C; E1.14 (2);
.730 (2); .820; .830 (2);
HUD-51975-A: s1.4 (2);
.915; .930 (3); .940 (5);
HUD-5369-A: Intro; s11;
.1015 (2); .1130 (2);
HUD-5370: T/C; s18 (3);
.1215 (2); .1225 (2);
7417.1 Hbk: s3-98 (3); s3-113
.1320; .1325; .1330;
CLEAN UP ........................................ 1 .1335 (2); .1340 (43);
49 CFR 24: .603 .1345; .1355 (5);
CLEANABLE ................................... 3 24 CFR 50: .10; .16;
24 CFR 35: .1330; .1335 (2) .22 (2); .23; .24; .31;
.32 (2); .34;
CLEANED ........................................ 8 24 CFR 51: .104 (2); .105 (2);
24 CFR 58: .22; .52 (2); CLOCK ..............................................1
.53; 7417.1 Hbk: s3-163
24 CFR 941: .606; .612;
24 CFR 968: .110; CLOCKS ............................................1
HUD-52481: s4; HUD-5369-A: s10
HUD-52651-A: p3; p7 (2); CLOSE .............................................14
1378.0 Hbk: s8-45 (2); 24 CFR 35: .1340;
4910.1 Hbk: ApK (4); 24 CFR 51: .202; .208;
7417.1 Hbk: T/C (3); s1-5; 24 CFR 55: .2;
s3-61 (2); s3-92; s4-27; 24 CFR 902: .7;
s7-11; s7-12; s7-15 (2); HUD-51001: p2;
s7-23; s7-94 (2); s9-42; HUD-51915: A1.2;
s10-62; s11-17 HUD-53001: p1;
CLEARANCE PROCESS..................2 HUD-5372: p2 (2);
24 CFR 35: .110; 4910.1 Hbk: s100-2;
24 CFR 58: .52 7417.1 Hbk: s3-95; s6-39;
s6-40
CLEARANCE TESTING ..................3
24 CFR 35: .110; .1330; CLOSE OF BUSINESS .....................2
.1355 7417.1 Hbk: s6-39; s6-40
CLEARANCES ..................................2 CLOSE OUT ......................................2
24 CFR 35: .1340; HUD-51915: A1.2;
7417.1 Hbk: s3-92 HUD-53001: p1
CLEARING ........................................4 CLOSED OUT ...................................1
24 CFR 55: .12; HUD-53001: p1
24 CFR 968: .112; CLOSELY RELATED .......................3
HUD-5087: s2; 24 CFR 58: .32;
HUD-51000: p2 49 CFR 24: .306;
CLEARING OF DEBRIS ..................1 1378.0 Hbk: s4-5
24 CFR 55: .12 CLOSELY RELATED ENTITIES ....1
CLEARINGHOUSE ..........................2 1378.0 Hbk: s7-10
7417.1 Hbk: T/C; s7-125 CLOSELY RELATED ENTITIES ....1
CLERK OF THE WORKS ................1 1378.0 Hbk: s7-10
7417.1 Hbk: s12-12 CLOSEOUT .......................................3
CLEVELAND ....................................1 24 CFR 968: .145; .428;
4910.1 Hbk: ApH HUD-53001: p1
CLIENT ..............................................1 CLOSERS ..........................................1
HUD-92264: p8 HUD-5087: s8
CLIENTELE ......................................4 CLOSET .............................................8
49 CFR 24: .306 (2); HUD-5087: s15;
1378.0 Hbk: s4-5; s4-6 HUD-52651-A: p2;
4910.1 Hbk: s100-2 (2);
CLIENT'S ...........................................2 s401-2; s508-3; s609-3;
24 CFR 87: .205; .300 ApE
CLIMATIC.......................................11 CLOSET DOORS ..............................1
24 CFR 965: .505; 4910.1 Hbk: s508-3
49 CFR 24: .2;
HUD-51994: p3; p4; CLOSET SHELVING ........................1
1378.0 Hbk: s1-7; s1-26; 4910.1 Hbk: s609-3
4910.1 Hbk: s403-1; s607-1; CLOSETS.........................................11
ApB; ApH; ApK 24 CFR 902: .23;
CLIMATIC CONDITIONS ...............4 HUD-52651-A: p8 (2);
49 CFR 24: .2; HUD-92264: p3;
1378.0 Hbk: s1-7; s1-26; 4910.1 Hbk: s100-2 (3); ApA;
4910.1 Hbk: s403-1 7417.1 Hbk: s3-175 (2); s10-17
CLIMATIC LOCATION ...................1 CLOSING.........................................55
24 CFR 965: .505 24 CFR 35: .210 (2); .215;
.510; .820 (3); .830 (2);
CLINICS ............................................1 24 CFR 50: .19 (2);
7417.1 Hbk: s3-134 24 CFR 58: .35;

49 CFR 24: .401 (2); COASTAL HIGH HAZARD .......... 12
HUD-2530: p1; 24 CFR 55: .1 (5); .2 (3);
HUD-51001: p2; .11; .12;
HUD-51971: p1 (2); p2 (9); 4910.1 Hbk: ApK (2)
p3 (2);
HUD-52481: s4; COASTAL HIGH HAZARD AREA 9
HUD-52484: p2; p5 (2); p8; 24 CFR 55: .1 (5); .2 (2);
HUD-52842: p3; .11; .12
1378.0 Hbk: s3-3 (2); s5-3; COASTAL HIGH HAZARD AREAS3
s6-3; Ap5; 24 CFR 55: .2;
7417.1 Hbk: T/C (2); s1-5; 4910.1 Hbk: ApK (2)
s6-24; s6-41; s7-122 (2); COASTAL ZONE ............................. 6
s8-5 (3); s8-73; s8-81 (3); 24 CFR 50: .4;
s8-82 24 CFR 58: .5 (2);
CLOSING COSTS ............................ 7 7417.1 Hbk: s3-97 (3)
24 CFR 50: .19; COASTAL ZONES ........................... 2
24 CFR 58: .35; 7417.1 Hbk: T/C; s3-97
HUD-52484: p2; p5 (2); p8;
7417.1 Hbk: s6-41 COATING SYSTEMS ...................... 1
4910.1 Hbk: s609-3
CLOSING DATE .............................. 4
HUD-51001: p2 (2); CODE ............................................ 312
7417.1 Hbk: s6-24; s8-5 24 CFR 35: .150 (2);
24 CFR 55: .2;
CLOSING DOCUMENTS ................ 1 24 CFR 87: .105 (4); .110;
7417.1 Hbk: s8-73 .605 (2);
CLOSING PROCEDURES ............... 4 24 CFR 902: .25; .68;
7417.1 Hbk: T/C (2); s8-81; 24 CFR 905: .10;
s8-82 24 CFR 941: .203 (4);
CLOTH .............................................. 1 24 CFR 970: .11;
4910.1 Hbk: ApC 49 CFR 24: .2 (2); .209 (2);
.304;
CLOTHES ......................................... 1 HUD-2516: p1 (9); p2 (11);
HUD-5087: s11 HUD-2530: p1 (3); p2; p3;
CLOTHING ....................................... 2 p4 (2);
24 CFR 70: .3; HUD-50070: p1 (2);
1378.0 Hbk: s7-21 HUD-5087: Intro;
CLUB ................................................ 2 HUD-51000: p1;
4910.1 Hbk: ApH; ApI HUD-51915: C1.5 (2);
HUD-52481: s5;
CNEL ................................................. 3 HUD-52540: p1 (7); p2 (21);
24 CFR 51: .106 (3) HUD-52651-A: p7;
COAL ................................................ 8 HUD-52825: pi (3);
HUD-5087: s15; HUD-52832: p2 (3);
HUD-51994: p3 (3); p4; p5; HUD-52837: pi (3);
p6; p8 HUD-53012A: Intro; s5; s11;
COARSE GRAINED SAND ............ 1 s12;
4910.1 Hbk: ApK HUD-53012B: Att5 Intro;
Att5.4; Att5.6 (2); Att5.7;
COASTAL BARRIER ...................... 6 HUD-5369-A: s3 (2); s9;
24 CFR 50: .4 (2); HUD-5370: s12 (2); s43;
24 CFR 58: .6 (3); s46c; s46i; s47c;
24 CFR 968: .110 HUD-92264: p1 (2);
COASTAL BARRIER RESOURCES 1378.0 Hbk: s1-8 (2); s1-18;
s1-29; s2-8; s4-3; Ap20;
SYSTEM ........................................... 2 4910.1 Hbk: Front (7);
24 CFR 58: .6;
T/C (2); Intro (7); s102-1;
24 CFR 968: .110
s607-1 (2); ApB (2); ApC;
COASTAL BARRIERS .................... 2 ApE (5); ApH; ApI (57);
24 CFR 968: .110 (2) ApJ (6); ApK (92);
COASTAL BARRIERS RESOURCES 7417.1 Hbk: s3-204 (7)
ACT ................................................... 1 CODE ENFORCEMENT .................. 3
24 CFR 968: .110 1378.0 Hbk: s1-8 (2); s1-29
CODE ENFORCEMENT POWERS .1 4910.1 Hbk: ApF;
1378.0 Hbk: s1-29 7417.1 Hbk: s10-23
CODES ...........................................145 COLD WATER TEMP ......................1
24 CFR 35: .98; .150; HUD-51994: p3
24 CFR 42: .375; COLD WATER TEMPERATURE ....2
24 CFR 902: .20 (3); HUD-51994: p3; p4
24 CFR 941: .203; COLLABORATIVE ..........................1
24 CFR 965: .805 (2); 24 CFR 968: .105
24 CFR 968: .103 (2);
49 CFR 24: .2; COLLAPSE ........................................2
HUD-2516: p1 (4); p2; 24 CFR 35: .115;
HUD-51915: T/C; A1.2; 7417.1 Hbk: s10-22
C1.5 (7); C2.4; COLLATERAL ..................................3
HUD-52540: p2 (2); 24 CFR 35: .86;
HUD-52651-A: p6; p7; 24 CFR 905: .10;
HUD-5370: T/C; s12 (4); s21; HUD-53012A: s7
1378.0 Hbk: s1-7; COLLECT ........................................12
4910.1 Hbk: Front (7); 24 CFR 51: .208;
Fwd (3); Intro; c1 (3); 24 CFR 87: .405; .600;
s102; s102-1 (4); Idx (3); HUD-2516: p1;
ApA; ApI (40); ApJ; HUD-2530: p4 (2);
ApK (26); HUD-50072: p1;
7417.1 Hbk: s3-4; s3-16; HUD-51971: p2;
s3-113; s3-141; s3-146 (2); HUD-52396: p1 (2);
s3-174; s3-176; s3-179; HUD-53012B: Att6.1;
s3-204; s7-96; s7-98; HUD-5378: p1
s10-11; s10-25 (2);
s10-29 (2) COLLECTED...................................25
24 CFR 35: .120; .1315;
COEFFICIENT ..................................2 .1320; .1340; .1355 (3);
4910.1 Hbk: ApA; ApB 24 CFR 135: .92;
COEFFICIENT OF HEAT 49 CFR 24: .603;
TRANSMISSION ..............................1 HUD-2516: p1 (3);
4910.1 Hbk: ApA HUD-5087: Intro;
HUD-51001: p1 (5);
COERCE ............................................2 HUD-52481: s3 (3); Att;
24 CFR 135: .76; HUD-52484: p4;
1378.0 Hbk: Ap18a HUD-92264: p8;
COERCION .......................................5 4910.1 Hbk: ApK
24 CFR 70: .3; COLLECTING ...................................3
24 CFR 945: .303; 24 CFR 902: .52;
1378.0 Hbk: Ap18; Ap18a; 7417.1 Hbk: s3-149 (2)
Ap18b
COLLECTING EQUIPMENT ...........2
COERCIVE ........................................4 7417.1 Hbk: s3-149 (2)
49 CFR 24: .102 (2);
1378.0 Hbk: s5-2 (2) COLLECTION ...............................147
24 CFR 35: .106 (4); .110 (2);
COERCIVE ACTION ........................4 .1225; .1315;
49 CFR 24: .102 (2); 24 CFR 50: .32;
1378.0 Hbk: s5-2 (2) 24 CFR 135: .72;
COGNIZANT.....................................4 24 CFR 902: .23; .60;
49 CFR 24: .6 (4) 24 CFR 941: .101; .205;
COGNIZANT FEDERAL AGENCY 3 .301; .303; .304; .404;
49 CFR 24: .6 (3) .606; .610;
24 CFR 965: .505;
COGNIZANT ROLE .........................1 24 CFR 968: .112;
49 CFR 24: .6 49 CFR 24: .603;
COINSURANCE ...............................1 HUD-2516: p1 (2);
HUD-53012B: Att7.1 HUD-2530: p4 (2);
COLD AND WARM WEATHER .....1 HUD-50072: p1 (2);
24 CFR 965: .505 HUD-5087: Intro;
HUD-51000: p1 (20);
COLD WATER DISTRIBUTION .....2 HUD-51975-A: s1.7 (3);

HUD-51971: p1 (2); p2 (8); 4910.1 Hbk: ApH (2)
HUD-52396: p1 (7); COLOR............................................ 32
HUD-52484: p4 (4); 24 CFR 135: .11;
HUD-52651-A: p1 (4); 24 CFR 941: .202;
HUD-52825: pi (6); 24 CFR 945: .303;
HUD-52832: p2 (10); 24 CFR 970: .5;
HUD-52834: p5 (6); p6; HUD-5087: s15;
HUD-52835: p1 (8); HUD-51915: E1.17 (2);
HUD-52837: pi (6); HUD-51975-A: s1.7 (2);
HUD-52842: p3 (6); HUD-53012A: s12 (2);
HUD-53001: p1 (7); HUD-5369-A: s10;
HUD-5369C: s3 (3); HUD-5370: s9; s39 (3);
HUD-5372: p1 (9); HUD-5370-C: s14 (3);
HUD-92264: p4; p8 (3); 1378.0 Hbk: s8-55; s8-172;
1378.0 Hbk: s4-6; Ap20 (4);
7417.1 Hbk: s3-74; s3-113 7417.1 Hbk: s3-42 (2); s3-45;
COLLECTION LOSS ....................... 1 s3-48 (2); s3-49; s3-77
HUD-92264: p4 COLORADO ..................................... 1
COLLECTIONS ................................ 2 1378.0 Hbk: Ap28
24 CFR 941: .101 (2) COLUMN ...................................... 224
COLLECTIVE ................................ 10 24 CFR 971: .13 (3);
24 CFR 135: .38; 49 CFR 24: .603 (15);
24 CFR 965: .101; HUD-2530: p4 (8);
24 CFR 968: .305; .325; HUD-51000: p2 (14); p3 (4);
HUD-51915: E1.12; p4 (5); p6 (3);
HUD-51975-A: s1.12; HUD-52484: p4 (24); p5;
HUD-5370: s39; s40; HUD-52651-A: p1 (3); p2 (4);
HUD-5370-C: s14; s18 p6 (8); p7 (14); p8 (6);
COLLECTIVE BARGAINING ........ 8 HUD-52825: pi (12); pii (7);
24 CFR 135: .38; piii (9);
24 CFR 965: .101; HUD-52832: p2 (2);
HUD-51915: E1.12; HUD-52837: pi (3); pii (13);
HUD-51975-A: s1.12; piii (21);
HUD-5370: s39; s40; HUD-52842: p1 (3); p3 (20);
HUD-5370-C: s14; s18 p4 (11);
HUD-5372: p2 (8);
COLLECTIVE BARGAINING 7417.1 Hbk: s7-113; s7-114;
AGREEMENT .................................. 8 s10-27
24 CFR 135: .38; COLUMNS...................................... 36
24 CFR 965: .101; 49 CFR 24: .603 (2);
HUD-51915: E1.12; HUD-2516: p2;
HUD-51975-A: s1.12; HUD-5087: s3;
HUD-5370: s39; s40; HUD-51000: p2 (2);
HUD-5370-C: s14; s18 HUD-51994: p6 (2);
COLLECTIVE TERM ...................... 2 HUD-52484: p4 (11); p5;
24 CFR 968: .305; .325 HUD-52651-A: p6; p7;
COLLECTIVELY ............................. 3 HUD-52842: p3;
24 CFR 135: .5; .34; .92 HUD-5372: p2 (7);
4910.1 Hbk: s100-5; ApK;
COLLECTON ................................... 9 7417.1 Hbk: s7-113; s10-16;
HUD-51000: p1 (5); s10-17; s10-20
HUD-51975-A: s1.7;
HUD-51994: p2; COMBINATION ............................. 53
HUD-5372: p1; 24 CFR 35: .110 (2); .1020;
HUD-92264: p8 .1330;
24 CFR 50: .20;
COLLECTS ....................................... 1 24 CFR 58: .32 (2); .35;
24 CFR 943: .118 24 CFR 902: .68 (2); .83;
COLLEGE ......................................... 5 24 CFR 941: .600;
24 CFR 8: .3; 24 CFR 965: .505;
24 CFR 50: .17; 24 CFR 970: .11 (2);
24 CFR 70: .1; 49 CFR 24: .603;
HUD-51994: p1 (5); p2 (11); 24 CFR 941: .203
p3 (2); p4 (2); p5; COMMENCING OCCUPANCY ....23
p6 (3); 24 CFR 941: .207;
HUD-52481: s1; 24 CFR 968: .108;
HUD-52651-A: p4; 24 CFR 970: .5;
HUD-53012B: Att2; 1378.0 Hbk: s8-3; s8-23;
HUD-5369: s8; s8-34; s8-43; s8-53;
4910.1 Hbk: s402-1; ApA; s8-64; s8-74; s8-85;
7417.1 Hbk: s3-148 (2); s5-14; s8-94; s8-103; s8-114;
s5-15; s6-26; s9-53; s8-124; s8-134; s8-152;
s10-73 s8-164; s8-173; s8-185;
COMBINATION ELEVATORS .......1 s8-194; s8-222;
4910.1 Hbk: s402-1 7417.1 Hbk: s3-125
COMBINATIONS ...........................14 COMMENSURATE ..........................7
24 CFR 58: .35; 24 CFR 905: .10;
HUD-51994: p1 (3); p2 (4); 24 CFR 968: .235;
p3; p4; 24 CFR 970: .9; .13 (3);
7417.1 Hbk: s3-148 (2); s7-74; 4910.1 Hbk: s401-1
s9-63 COMMENSURATE PUBLIC
COMBINE .........................................7 BENEFIT ...........................................3
24 CFR 135: .40; 24 CFR 970: .13 (3)
24 CFR 943: .100;
24 CFR 968: .112; COMMENSURATE PUBLIC
49 CFR 24: .4; BENEFITS .........................................1
7417.1 Hbk: s3-204 (2); s8-65 24 CFR 970: .9
COMBINED.....................................28 COMMENT .....................................36
24 CFR 50: .16; 24 CFR 50: .24 (4); .32;
24 CFR 55: .20; 24 CFR 55: .20 (2);
24 CFR 58: .32 (2); .33 (3); 24 CFR 58: .33 (2); .43;
.43 (2); .45; .45 (2);
24 CFR 902: .7; 24 CFR 902: .24 (2); .25;
24 CFR 941: .207; .604; .35; .45; .53;
24 CFR 963: .10; 24 CFR 945: .203; .205 (2);
24 CFR 965: .215; 24 CFR 963: .5;
HUD-5087: s15; 24 CFR 968: .315 (2); .325;
HUD-52484: p5; .330;
HUD-52842: p3; 24 CFR 971: .9 (2);
HUD-5370: s36 (2); 24 CFR 972: .133; .227;
4910.1 Hbk: s100-2; s301-1; 7417.1 Hbk: s3-72 (3); s3-73;
Idx; ApA; s5-13; s7-14
7417.1 Hbk: s3-166; s6-25; COMMENT ADEQUATELY ...........1
s8-65; s10-17 24 CFR 968: .325
COMBINED NOTICE .......................4 COMMENT PERIOD ........................6
24 CFR 58: .33 (2); .43 (2) 24 CFR 971: .9 (2);
COMBINED NOTICES .....................1 24 CFR 972: .133; .227;
24 CFR 58: .45 7417.1 Hbk: s3-72; s7-14
COMBINING .....................................4 COMMENT PERIODS ......................3
24 CFR 941: .103; 24 CFR 58: .33 (2); .45
HUD-52540: p2; COMMENT PROCESS .....................1
7417.1 Hbk: s3-166; s3-204 7417.1 Hbk: s3-72
COMBUSTIBLE ................................1 COMMENTERS ................................4
24 CFR 51: .208 24 CFR 58: .33;
COMBUSTIBLE STRUCTURES .....1 24 CFR 972: .224; .227; .230
24 CFR 51: .208 COMMENTING ................................1
COMBUSTION .................................1 24 CFR 51: .102
24 CFR 51: .201 COMMENTS .................................110
COMFORT.........................................1 24 CFR 55: .25;
24 CFR 941: .203 24 CFR 58: .13; .18;
COMFORT AND LIVEABILITY .....1 .33 (2); .43 (4); .46;

24 CFR 902: .24 (2); .25; 24 CFR 51: .208 (2)
.35; .45; .53; COMMERCIAL CONSTRUCTION
24 CFR 941: .305; .606 (3);
.608; COST INDEX ................................... 4
24 CFR 945: .203 (7); 7417.1 Hbk: s7-83; s7-84;
.205 (4); s9-72; s10-102
24 CFR 965: .502 (2); COMMERCIAL DEVELOPMENT . 2
24 CFR 968: .215; .315; 24 CFR 970: .6; .7
.325; COMMERCIAL ENTERPRISE ....... 2
24 CFR 970: .8 (2); 49 CFR 24: .306;
24 CFR 971: .9 (2); 1378.0 Hbk: s4-5
24 CFR 972: .133 (2);
.224 (2); .227 (2); COMMERCIAL ESTABLISHMENTS
.230 (2); ........................................................... 1
HUD-52484: p5; 7417.1 Hbk: s3-135
HUD-52540: p1;
HUD-52651-A: p3;
COMMERCIAL GENERAL
HUD-52836: p1 (2); LIABILITY ....................................... 3
HUD-5370-C: s9; HUD-53012B: Att7.1 (2);
HUD-92264: p7; HUD-5370: s36
1378.0 Hbk: s1-31; s2-4 (2); COMMERCIAL INCOME ............... 5
Ap10; Ap20; HUD-92264: p2 (2); p4 (3)
7417.1 Hbk: T/C (6); s3-72;
s3-73; s3-113 (2);
COMMERCIAL INDEX................... 2
7417.1 Hbk: s3-178; s5-12
s3-164 (2); s3-172; s4-22;
s4-25; s4-28 (3); s5-14; COMMERCIAL LEASE................... 1
s7-12; s7-13 (2); 7417.1 Hbk: s3-135
s7-14 (2); s7-16; s7-23; COMMERCIAL LESSEE ................. 1
s7-27 (3); s7-44 (3); 7417.1 Hbk: s3-135
s7-45 (2); s7-74; s8-23;
s8-24; s8-62; s8-72; COMMERCIAL PROJECT EXPENSES
s9-33; s9-34; s9-43 (3); ........................................................... 1
s10-43; s10-44; s10-64 (3) HUD-92264: p4
COMMERCIAL .............................. 71 COMMERCIAL PROPERTY........... 3
24 CFR 35: .110; 24 CFR 58: .6;
24 CFR 50: .20 (2); HUD-53012B: Att7.1;
24 CFR 51: .201; .301; 1378.0 Hbk: s5-2
24 CFR 55: .2; COMMERCIAL SOURCES ............. 3
24 CFR 58: .6; .35 (2); 7417.1 Hbk: Front; s3-15;
24 CFR 941: .202; s7-92
24 CFR 965: .205;
24 CFR 970: .6; .7; COMMERCIAL SPACE................... 1
49 CFR 24: .2; .205; .306; 4910.1 Hbk: s100-2
HUD-51915: D1.7 (2); COMMERCIAL STANDARD ......... 3
HUD-52651-A: p1; 4910.1 Hbk: s509-1; ApB; ApH
HUD-53012A: s12 (2); COMMERCIAL UNDERWRITING 1
HUD-53012B: Att7.1 (3); 24 CFR 965: .205
HUD-5369: s12;
HUD-5369-A: s8; COMMINGLED................................ 2
HUD-5370: s23; s29; s36; 49 CFR 24: .306;
HUD-92264: p2 (3); p4 (7); 1378.0 Hbk: s4-5
p8; COMMISSION................................ 20
1378.0 Hbk: s1-6; s4-5; 24 CFR 35: .130; .140;
s5-2; Ap20; 24 CFR 965: .401;
4910.1 Hbk: s100-2; s509-1; 24 CFR 968: .305;
ApB; ApH; 24 CFR 970: .3;
7417.1 Hbk: Front; T/C; HUD-5369-A: s2 (2);
s3-15; s3-74; s3-135 (11); HUD-5369C: s1 (2);
s3-178; s5-12; s7-83; 1378.0 Hbk: Intro (2); s7-21;
s7-84; s7-92; s9-72; Ap18; Ap18a; Ap18b; Ap20;
s10-25; s10-102 4910.1 Hbk: ApB; ApH;
COMMERCIAL/INDUSTRIAL ....... 2 7417.1 Hbk: Front (2)
COMMISSIONER ...........................23 COMMITMENTS ............................16
24 CFR 35: .110; .830; 24 CFR 50: .19; .22;
24 CFR 965: .205; 24 CFR 58: .35;
HUD-2530: p1 (2); 24 CFR 87: .110 (2);
HUD-51915: E1.10; 24 CFR 135: .38;
HUD-51975-A: s1.10; 24 CFR 902: .75;
HUD-53012A: s19 (2); s20 (2); 24 CFR 941: .306; .610;
HUD-5370-C: s11; 24 CFR 945: .205;
HUD-92264: p1; HUD-51915: E1.12;
1378.0 Hbk: s8-231 (6); Ap20; HUD-51975-A: s1.12;
4910.1 Hbk: Front (2); Fwd HUD-5370: s39; s40;
COMMISSIONERS .........................19 HUD-5370-C: s14; s18
24 CFR 902: .75; COMMITMENTS OF SUPPORT .....1
24 CFR 965: .205; 24 CFR 902: .75
24 CFR 968: .210; .235; COMMITTED FUNDS......................1
.310; .315; .335 (3); 24 CFR 58: .75
24 CFR 969: .106;
24 CFR 970: .8; .13 (2); COMMODITIES ................................6
HUD-52820: p1 (3); 49 CFR 24: .2 (3);
HUD-53012A: s11; s19; 1378.0 Hbk: s1-5; s1-10 (2)
7417.1 Hbk: s2-5 COMMON AREA............................12
COMMISSIONER'S ..........................4 24 CFR 8: .23;
24 CFR 965: .205; 24 CFR 35: .86; .110 (2);
HUD-92264: p6; .1340; .1355;
7417.1 Hbk: s2-5 (2) 24 CFR 902: .23;
24 CFR 941: .608 (2);
COMMISSIONS ................................5 .610 (2);
24 CFR 87: .105; 7417.1 Hbk: s3-113
49 CFR 24: .303;
HUD-5370-C: s13a; COMMON AREA IMPROVEMENTS
1378.0 Hbk: s4-2; s7-21 ............................................................5
COMMIT FUNDS .............................1 24 CFR 941: .608 (2);
24 CFR 58: .71 .610 (2);
7417.1 Hbk: s3-113
COMMITMENT ..............................65
24 CFR 35: .110 (2); .620 (4); COMMON AREAS .........................63
.625; .630; .900; .1000; 24 CFR 8: .23; .25;
24 CFR 50: .17; 24 CFR 35: .88; .100 (2);
24 CFR 55: .10; .11; .25; .110; .125 (2); .700;
24 CFR 58: .2 (2); .59; .715 (2); .730 (3);
24 CFR 87: .100 (2); .105 (4); .820 (4); .830 (3);
.110 (5); .300; .605; .915 (2); .920; .930 (2);
24 CFR 135: .5; .940 (2); .1015; .1120 (2);
24 CFR 902: .75; .1130 (3); .1200 (3);
24 CFR 905: .10; .1225 (2); .1340 (5);
24 CFR 941: .501; .610; .1355 (2);
24 CFR 945: .205 (2); 24 CFR 135: .92 (2);
24 CFR 970: .4; .11; 24 CFR 902: .20; .23 (6);
.13 (2); .24; .25 (2);
49 CFR 24: .2 (2); 24 CFR 965: .805;
HUD-51971: p1; p2; HUD-50072: p3; p4;
HUD-52651-A: p1; 1378.0 Hbk: s8-72;
HUD-53012B: Att5.10; 7417.1 Hbk: s3-113
HUD-5370: s46c; COMMON BUILDING AREAS .......1
HUD-5370-C: s13a; 7417.1 Hbk: s3-150
HUD-92264: p8; COMMON CONTROL......................1
1378.0 Hbk: T/C; s3-7; 24 CFR 8: .27
s8-36; s8-45; s8-47;
s8-52 (2); s8-53 (2); COMMON CORRIDOR ....................4
s8-54; s8-56; s8-125; 49 CFR 24: .2 (2);
s8-173 (2); s8-174 1378.0 Hbk: s1-7 (2)
COMMITMENT FOR FUNDING ....2 COMMON EXPENSE .......................1
24 CFR 970: .11; .13 7417.1 Hbk: s3-113

COMMON EXPENSE ASSESSMENTS 24 CFR 51: .3 (2); .104 (2);
.106 (2); .302;
........................................................... 1 24 CFR 55: .1; .3; .12;
7417.1 Hbk: s3-113 .25 (2);
COMMON FACILITIES .................. 1 24 CFR 58: .1 (6); .4;
4910.1 Hbk: s100-2 .6 (3); .43;
COMMON KITCHEN ...................... 1 24 CFR 70: .1 (2);
7417.1 Hbk: s3-137 24 CFR 135: .3 (5); .5 (15);
.30; .34 (3); .36 (2);
COMMON SITE ............................... 1 .92 (7);
24 CFR 8: .3 24 CFR 902: .23;
COMMON SPACES ......................... 2 24 CFR 905: .10 (4);
HUD-52651-A: p8; 24 CFR 941: .103 (3); .201;
7417.1 Hbk: s3-175 .203 (2); .306 (4); .608;
24 CFR 965: .501; .805;
COMMON USE ................................ 1 24 CFR 968: .103 (2); .110;
4910.1 Hbk: s100-3
.112 (2); .310; .315;
COMMONLY ACCEPTED .............. 4 24 CFR 970: .7; .9; .11;
49 CFR 24: .103 (2); .13;
1378.0 Hbk: s5-3 (2) 24 CFR 971: .3; .5 (2);
COMMUNICATE ............................. 1 24 CFR 972: .124; .127;
24 CFR 58: .4 .218; .224 (6); .230;
HUD-2516: p2 (6);
COMMUNICATED .......................... 3 HUD-2530: p4;
24 CFR 8: .25;
HUD-51915: C1.7;
HUD-53012B: Att5.10;
HUD-52396: p1;
HUD-5370: s46c
HUD-52484: p2;
COMMUNICATING ........................ 1 HUD-52651-A: p1 (3); p6 (3);
24 CFR 970: .13 p7; p8 (3);
COMMUNICATION ........................ 6 HUD-52834: p5;
24 CFR 87: .105; HUD-52836: p1;
HUD-5369-A: s1; s11; HUD-53012B: Att1;
HUD-5369C: s3; HUD-5369: s12 (3);
HUD-5370-C: s13a; HUD-5369-A: s8 (2);
4910.1 Hbk: ApI HUD-5378: p1;
HUD-92264: p2; p3;
COMMUNICATION SYSTEMS ..... 1 1378.0 Hbk: Intro (6);
4910.1 Hbk: ApI T/C (5); s1-2; s1-3 (2);
COMMUNICATIONS .................... 10 s1-8 (2); s1-12 (2); s1-30;
24 CFR 87: .205 (3); .300 (3); s1-31; s2-5; s3-7 (3);
24 CFR 902: .53; .79; s7-1; s7-3; s7-16; s8-1;
49 CFR 24: .2; s8-5; s8-8; s8-21; s8-25;
1378.0 Hbk: s4-7 s8-28; s8-31 (2); s8-32;
COMMUNICATIONS SYSTEM ..... 2 s8-37; s8-49 (2);
49 CFR 24: .2; s8-62 (2); s8-72 (2);
1378.0 Hbk: s4-7 s8-75; s8-92; s8-235 (2);
Ap18a (2); Ap18b (2); Ap25;
COMMUNITIES ............................. 20 Ap26; Ap27;
24 CFR 35: .86; .110; 4910.1 Hbk: s100-2 (2);
24 CFR 51: .101; s615-2 (2); s615-3;
24 CFR 55: .1; .12 (4); .25; Idx (3); ApA; ApC (4);
1378.0 Hbk: s8-122; Ap1; ApK;
4910.1 Hbk: ApK (2); 7417.1 Hbk: s1-5; s2-4;
7417.1 Hbk: T/C; s3-73; s2-5; s2-6; s3-2;
s3-173; s4-2; s4-14; s3-73 (3); s3-74;
s4-25; s7-45 s3-75 (3); s3-79 (2);
COMMUNITY .............................. 281 s3-94; s3-113; s3-132 (8);
24 CFR 8: .1; .3 (2); s3-133; s3-136; s3-137 (3);
24 CFR 35: .86; .100; s3-143; s3-146; s3-147;
.110 (2); s3-148; s3-161; s3-173;
24 CFR 42: .1 (3); .305; s4-2; s4-12 (2); s4-22;
24 CFR 50: .1; .2; .10 (2); s4-26; s4-27 (2); s4-29;
s5-13 (2); s5-23;
s6-25 (3); s6-27; s6-28; COMMUNITY DEVELOPMENT
s6-39; s6-41; s6-43;
s7-42 (2); s7-65; s7-74; STRATEGIES ....................................1
s9-13; s9-52; s10-12 (2); 24 CFR 968: .315
s10-24; s10-72; s11-12; COMMUNITY FACILITIES ............6
s11-18; s11-28 7417.1 Hbk: s3-73; s3-113;
COMMUNITY ACTIVITIES ............1 s3-132 (2); s3-133; s6-25
7417.1 Hbk: s3-132 COMMUNITY NOISE EQUIVALENT
COMMUNITY AGENCIES ..............2 LEVEL ...............................................1
7417.1 Hbk: s3-137 (2) 24 CFR 51: .106
COMMUNITY BASED .....................1 COMMUNITY ORGANIZATION ...1
7417.1 Hbk: s11-12 24 CFR 968: .112
COMMUNITY BASED GROUPS ....1 COMMUNITY ORGANIZATIONS .3
7417.1 Hbk: s11-12 24 CFR 135: .92 (3)
COMMUNITY BUILDINGS ............2 COMMUNITY PLANNING ...........15
24 CFR 941: .103; 24 CFR 50: .1; .2; .10;
24 CFR 970: .13 24 CFR 51: .3 (2); .104 (2);
COMMUNITY CHARACTERISTICS .106;
24 CFR 55: .3;
............................................................1 24 CFR 58: .1;
24 CFR 968: .310 1378.0 Hbk: Intro (4);
COMMUNITY DEVELOPMENT ..27 7417.1 Hbk: s1-5
24 CFR 35: .100; COMMUNITY PLANNING AND
24 CFR 42: .1;
24 CFR 51: .302; DEVELOPMENT ............................15
24 CFR 55: .25; 24 CFR 50: .1; .2; .10;
24 CFR 58: .1 (2); 24 CFR 51: .3 (2); .104 (2);
24 CFR 135: .5; .92; .106;
24 CFR 968: .315; 24 CFR 55: .3;
HUD-2516: p2 (2); 24 CFR 58: .1;
HUD-52834: p5; 1378.0 Hbk: Intro (4);
HUD-53012B: Att1; 7417.1 Hbk: s1-5
1378.0 Hbk: T/C (2); s1-3 (2); COMMUNITY REINVESTMENT ACT
s7-3; s8-28; s8-31; ............................................................1
s8-32; s8-37; s8-49; 24 CFR 135: .92
s8-235;
7417.1 Hbk: s3-2; s3-79; COMMUNITY RENEWAL COST ...1
s4-29 24 CFR 941: .103
COMMUNITY DEVELOPMENT COMMUNITY RENEWAL COSTS .5
24 CFR 941: .103; .306 (4)
ASSISTANCE ....................................9
24 CFR 135: .3 (3); .5 (5); COMMUNITY RESIDENCE ............1
.30 1378.0 Hbk: s8-62
COMMUNITY DEVELOPMENT COMMUNITY RESIDENCES..........1
1378.0 Hbk: s8-62
ASSISTANCE-- .................................1
24 CFR 135: .3 COMMUNITY REVITALIZATION 1
7417.1 Hbk: s3-73
COMMUNITY DEVELOPMENT
FUNDS ...............................................2 COMMUNITY ROOM ......................1
HUD-92264: p3
24 CFR 8: .3;
24 CFR 135: .5 COMMUNITY ROOMS....................3
24 CFR 902: .23;
COMMUNITY DEVELOPMENT 24 CFR 965: .805;
PROGRAM ........................................4 4910.1 Hbk: Idx
24 CFR 135: .3; .5 (3) COMMUNITY SERVICES ...............1
COMMUNITY DEVELOPMENT 24 CFR 941: .203
PROGRAMS ....................................10 COMMUNITY SPACE ...................13
24 CFR 135: .5; .34 (3); HUD-52484: p2;
.36 (2); HUD-52651-A: p8 (2);
HUD-2516: p2 (4)

7417.1 Hbk: s3-75; s3-132 (3); 24 CFR 902: .24;
s3-148; s6-27; s7-65; 24 CFR 941: .202; .207 (2);
s7-74; s9-52; s10-72 .306 (2); .600; .608;
COMMUNITY SPACE EQUIPMENT 24 CFR 943: .150;
24 CFR 963: .12 (2);
........................................................... 1 24 CFR 965: .503;
HUD-52484: p2 24 CFR 968: .108 (2); .335;
COMMUNITY SPACES .................. 3 24 CFR 970: .5; .11 (5);
HUD-52651-A: p8; 24 CFR 971: .13 (2);
7417.1 Hbk: s9-13; s10-12 24 CFR 972: .127; .130 (3);
COMMUNITY SYSTEM ................. 4 .230 (3);
4910.1 Hbk: s615-2; s615-3; 49 CFR 24: .2 (6); .103;
ApA; ApK .203 (2); .204 (5);
.205 (6); .206; .207 (2);
COMMUNITY TELEVISION .......... 2 .303; .401 (6); .402 (2);
24 CFR 135: .92 (2) .403 (5); .404 (9); .502;
COMMUNITY WIDE....................... 1 .503; .505 (4); .603 (22);
HUD-51915: C1.7 HUD-5369: s12 (2);
HUD-92264: p5 (5); p6;
COMMUNITY-BASED.................... 1 p7 (6);
1378.0 Hbk: s8-72
1378.0 Hbk: Intro (2);
COMMUNITY'S ............................. 13 T/C (3); s1-6 (10); s1-29;
7417.1 Hbk: s1-5; s2-6 (2); s1-33; s2-2; s2-3 (3);
s3-73 (4); s3-99; s4-2 (2); s2-5 (20); s2-7 (3); s3-2;
s4-12; s5-13 (2) s3-3 (10); s3-4. (8);
COMMUNITY-WIDE ...................... 1 s3-5 (3); s3-6; s3-7;
7417.1 Hbk: s4-27 s3-8 (6); s4-2; s5-3;
s6-2 (3); s7-6 (2);
COMMUNITY-WIDE FACTORS ... 1 s7-16 (6); s8-83 (3);
7417.1 Hbk: s4-27
s8-145; Ap1 (2); Ap5 (6);
COMPACTED .................................. 2 Ap6 (4); Ap8; Ap12; Ap18;
4910.1 Hbk: ApK (2) Ap18a; Ap18b; Ap20 (4);
COMPANIES .................................. 10 Ap21; Ap25 (7); Ap26 (4);
24 CFR 965: .205 (2); 7417.1 Hbk: s3-77; s3-78;
HUD-53012B: Att7.1; Att7.2; s3-123 (3); s3-136; s3-148;
HUD-5369: s10 (3); s4-12; s4-29; s7-84 (2);
HUD-5370: s36; s7-85; s7-101; s7-103;
7417.1 Hbk: s3-31 (2) s8-65; s9-83; s9-102;
s10-24; s10-113
COMPANY ..................................... 31
24 CFR 87: .105; COMPARABLE/SUITABLE ........... 2
24 CFR 965: .205 (5); .305; 24 CFR 970: .5 (2)
24 CFR 971: .13 (2); COMPARABLE COSTS .................. 1
HUD-2530: p4 (2); 24 CFR 971: .13
HUD-53012B: Att7.2;
HUD-5369: s9; s10 (2);
COMPARABLE FUNCTION........... 2
49 CFR 24: .303;
HUD-5369-A: s2 (2); s13 (2);
1378.0 Hbk: s4-2
HUD-5369C: s1 (2);
HUD-5370: s35; s36; COMPARABLE HOUSING ............. 8
HUD-5370-C: s5; s13a; 24 CFR 970: .5;
1378.0 Hbk: s2-7; s8-96 (3); 24 CFR 972: .130 (3);
7417.1 Hbk: s3-33 (2) .230 (3);
49 CFR 24: .205
COMPARABILITY .......................... 1
49 CFR 24: .603 COMPARABLE HOUSING
COMPARABLE ............................ 281 CONSTRUCTION ............................ 2
24 CFR 8: .3; .26; .27; 24 CFR 941: .306 (2)
24 CFR 35: .150 (2); COMPARABLE HOUSING
24 CFR 42: .305; .350 (6);
.375;
CONSTRUCTION QUALITY ......... 2
24 CFR 941: .306 (2)
24 CFR 55: .12; .22; .26;
24 CFR 58: .14; COMPARABLE LOWER-INCOME
24 CFR 87: .605 (2); DWELLING UNITS ......................... 1
24 CFR 135: .92; 24 CFR 42: .375
COMPARABLE OPPORTUNITIES .2 1378.0 Hbk: s1-33; s2-2;
24 CFR 941: .202; s2-5 (3); s3-4.; Ap1
7417.1 Hbk: s3-77 COMPARABLE REPLACEMENT
COMPARABLE PRICE ANALYSIS1 HOME ................................................9
24 CFR 963: .12 1378.0 Hbk: Ap5 (3); Ap6 (2);
COMPARABLE PRODUCTS ...........1 Ap25 (2); Ap26 (2)
7417.1 Hbk: s10-24 COMPARABLE REPLACEMENT
COMPARABLE PROJECT ...............1 HOMES ..............................................4
7417.1 Hbk: s3-148 1378.0 Hbk: Ap5; Ap6; Ap25;
COMPARABLE PROJECTS ............4 Ap26
24 CFR 8: .27; COMPARABLE SALES ...................7
HUD-92264: p6; 49 CFR 24: .103;
7417.1 Hbk: s7-84 (2) HUD-92264: p5 (5);
COMPARABLE PROPERTIES ........5 1378.0 Hbk: s5-3
HUD-92264: p7; COMPARABLES ..............................6
1378.0 Hbk: Ap20 (3); 49 CFR 24: .603;
7417.1 Hbk: s3-78 HUD-92264: p7 (2);
COMPARABLE PROPERTY ...........4 7417.1 Hbk: s7-98; s10-24 (2)
HUD-92264: p7 (3); COMPARATIVE ...............................6
1378.0 Hbk: Ap20 HUD-52651-A: p4;
COMPARABLE REPLACEMENT 7417.1 Hbk: s3-148 (2); s5-15;
s6-26; s11-12
DWELLING ...................................128
24 CFR 42: .305; .350 (5); COMPARATIVE ANALYSIS OF
24 CFR 941: .207; UTILITY COSTS ...............................5
24 CFR 968: .108; HUD-52651-A: p4;
49 CFR 24: .2 (4); .203 (2); 7417.1 Hbk: s3-148 (2); s5-15;
.204 (4); .205 (3); .206; s6-26
.207 (2); .401 (5); COMPARATIVE COSTS..................1
.402 (2); .403 (3); .404; 7417.1 Hbk: s11-12
.505 (2); .603 (12);
1378.0 Hbk: Intro (2); COMPARE.........................................9
T/C (3); s1-6 (8); s1-29; 24 CFR 968: .103;
s2-3 (3); s2-5 (17); 24 CFR 971: .13;
s2-7 (3); s3-3 (8); 24 CFR 972: .218 (2);
s3-4. (6); s3-5 (3); s3-6; HUD-51994: p2;
s3-7; s3-8; s6-2 (3); 1378.0 Hbk: s2-2 (2);
s7-6 (2); s7-16 (6); 4910.1 Hbk: ApI; ApK
s8-83 (3); Ap1; Ap12; COMPARED ....................................14
Ap25 (3); 24 CFR 70: .3;
7417.1 Hbk: s3-123 (3) 24 CFR 941: .610 (2);
COMPARABLE REPLACEMENT 24 CFR 965: .101;
24 CFR 970: .11;
DWELLING-- ....................................1 24 CFR 971: .3; .13 (2);
49 CFR 24: .505 24 CFR 972: .124;
COMPARABLE REPLACEMENT 7417.1 Hbk: s3-78 (2); s3-148;
DWELLING UNIT ............................7 s7-82; s7-84
24 CFR 42: .305; .350; COMPARING ....................................3
1378.0 Hbk: T/C; s7-6 (2); 24 CFR 971: .13;
s7-16 (2) 24 CFR 972: .218;
COMPARABLE REPLACEMENT HUD-52396: p1
DWELLING UNITS ..........................4 COMPARISON ................................30
24 CFR 42: .350 (2); 24 CFR 35: .1125;
1378.0 Hbk: s7-16 (2) 24 CFR 902: .7 (2);
24 CFR 941: .304; .606;
COMPARABLE REPLACEMENT 24 CFR 965: .101; .402;
DWELLINGS...................................17 24 CFR 971: .13 (2);
49 CFR 24: .204; .205 (2); 24 CFR 972: .221;
.403 (2); .404; .603 (4); HUD-52484: p3 (4); p5 (5);
p6; p7 (4);

4910.1 Hbk: ApI; ApK; 1378.0 Hbk: s1-15; s1-30 (2);
7417.1 Hbk: s3-78; s3-167; s3-3 (3); s3-4.; s3-5;
s4-25; s10-103 s4-5; s5-2 (15); s5-3 (3);
COMPARISON PERCENTAGE ...... 4 s5-4; s5-5 (5); s5-8 (2);
HUD-52484: p3 (2); p5 (2) s5-9 (2); s6-3; s7-21 (3);
Ap19 (3); Ap20 (10);
COMPARISON-1460........................ 1 7417.1 Hbk: Front; s3-15 (2);
HUD-52484: p5 s3-16 (3); s3-17 (3);
COMPARISONS ............................... 2 s3-18 (2); s3-19 (3);
24 CFR 972: .124; .218 s3-32; s3-33 (3);
COMPARTMENT ............................ 1 s7-26 (2); s7-82
4910.1 Hbk: s401-2 COMPETENT SUPERVISORY ....... 2
COMPARTMENTED ....................... 1 24 CFR 968: .140; .419
4910.1 Hbk: s100-2 COMPETITION .............................. 13
COMPARTMENTS .......................... 1 24 CFR 135: .92;
4910.1 Hbk: ApA 24 CFR 965: .205;
HUD-51915: E1.3;
COMPATIBLE.................................. 8 HUD-51975-A: s1.3;
24 CFR 8: .3; HUD-5369-A: s1 (2);
24 CFR 51: .100; .101 (2); HUD-5369C: s3 (2);
.208; .300; .301; HUD-5370: s11;
4910.1 Hbk: s507-2 7417.1 Hbk: Front; s3-15;
COMPATIBLE LAND USE ............. 1 s4-2; s7-92
24 CFR 51: .101 COMPETITIVE BIDDING............... 5
COMPATIBLE LAND USES ........... 3 24 CFR 902: .71;
24 CFR 51: .100; .208; .300 24 CFR 965: .205;
7417.1 Hbk: s3-14; s3-32;
COMPELLING ................................. 1 s11-12
24 CFR 58: .37
COMPENSABLE .............................. 4 COMPETITIVE BIDDING PROCESS
1378.0 Hbk: Ap20 (4) ........................................................... 3
7417.1 Hbk: s3-32 (2); s11-12
COMPENSATE ................................ 1
24 CFR 968: .103 COMPETITIVE BIDS ...................... 2
24 CFR 941: .102;
COMPENSATED.............................. 3 7417.1 Hbk: s6-2
HUD-5370: s46a; s47a;
1378.0 Hbk: s3-3 COMPETITIVE PROCESS .............. 2
24 CFR 941: .606 (2)
COMPENSATION ........................ 152
24 CFR 35: .86; .92; COMPETITIVE PROCUREMENT .. 1
24 CFR 50: .4; 24 CFR 135: .92
24 CFR 70: .3 (4); COMPETITIVE PROPOSAL ........... 7
24 CFR 87: .105 (3); .200; 24 CFR 941: .602;
.205; .210; 24 CFR 943: .148;
24 CFR 135: .40; .92; HUD-5369-A: s1;
24 CFR 941: .602; 7417.1 Hbk: s3-15 (4)
24 CFR 943: .150;
49 CFR 24: .2 (2); .102 (13); COMPETITIVE PROPOSAL
.103 (3); .104; .105 (4); PROCEDURES ................................. 6
.108 (2); .306; .401 (2); 24 CFR 941: .602;
.402; .603 (3); 24 CFR 943: .148;
HUD-51915: T/C; B1.0; B1.1; 7417.1 Hbk: s3-15 (4)
C1.4; C1.5 (3); D1.1; COMPETITIVE PROPOSALS ......... 4
D1.3 (2); 24 CFR 135: .92 (2);
HUD-53012A: s12; s14; 24 CFR 902: .83;
HUD-53012B: Att5.7; 24 CFR 965: .308
Att5.8 (2); Att5.9; Att7.1;
HUD-5370: s29; s36 (2); s39; COMPETITIVE SELECTION .......... 4
s46j; s47g; 24 CFR 943: .150;
HUD-5370-C: s4; s13b (2); 24 CFR 965: .205 (3)
s14; COMPETITIVE SELECTION
HUD-92264: p8; PROCEDURES ................................. 3
24 CFR 965: .205 (3)
COMPETITIVE SOURCES ..............1 24 CFR 968: .102 (2);
24 CFR 135: .92 .135 (2); .225; .315 (3);
.320 (2); .325 (2); .335;
COMPETITIVELY FUNDED ...........2 24 CFR 970: .11 (3); .13;
24 CFR 968: .225 (2) 24 CFR 972: .109; .236;
COMPETITIVELY FUNDED .239;
MODERNIZATION ..........................1 49 CFR 24: .204; .207;
24 CFR 968: .225 HUD-2516: p1 (2); p2;
HUD-2530: p1; p2; p3;
COMPETITIVELY FUNDED p4 (4);
MODERNIZATION PROGRAM......1 HUD-50071: p1 (3); p2 (2);
24 CFR 968: .225 HUD-5087: s14; s15;
HUD-51001: p1 (2);
COMPETITIVELY SELECTED .......1 HUD-51915: A1.2;
7417.1 Hbk: s9-15
HUD-51971: p2 (2); p3; p4;
COMPLAINANT .............................13 HUD-52190-A: p2 (3);
24 CFR 135: .70; .76 (12) HUD-52396: p1 (2); p2 (2);
COMPLAINANTS.............................1 p4 (3);
24 CFR 135: .76 HUD-52651-A: p1; p6 (6);
p7 (2); p8 (4);
COMPLAINANT'S ............................1 HUD-52825: pi (2); pii (2);
24 CFR 135: .76
HUD-52832: p2 (4);
COMPLAINT...................................53 HUD-52837: pi (3); pii (2);
24 CFR 41: .5 (5); .6; piii (4);
24 CFR 135: .70 (3); .76 (40); HUD-52842: p1; p3 (4); p4;
HUD-2530: p1; HUD-53012A: s11; s15;
1378.0 Hbk: s6-2 (2); s6-3 HUD-53012B: Att5.10; Att5.13;
COMPLAINT-- ..................................1 Att5.14;
24 CFR 135: .76 HUD-5369-A: s3; s12; s13;
HUD-5369C: s5;
COMPLAINT FORM ........................1 HUD-5370: s2; s9 (2); s20;
24 CFR 135: .76 s25; s32 (3); s33; s46c;
COMPLAINTS ................................18 s47c;
24 CFR 41: .1; .5 (5); HUD-5372: p2;
.6 (2); 1378.0 Hbk: Intro; s1-6;
24 CFR 58: .77 (2); s1-29; s1-33; s2-7;
24 CFR 135: .70; .74 (2); s8-72; s8-150; Ap1;
.76 (4); Ap19 (3); Ap20;
1378.0 Hbk: Ap1 4910.1 Hbk: s508-3; ApA;
COMPLEMENTS ..............................2 ApF;
7417.1 Hbk: s6-43; s7-74 7417.1 Hbk: s3-15; s3-137;
s3-161; s3-163; s3-167;
COMPLETE ...................................222 s4-28; s4-29 (2); s5-11;
24 CFR 8: .21; .24; .25 (2); s6-3; s6-4; s6-5 (2);
24 CFR 35: .88; .100 (3); s7-4; s7-42; s7-95 (2);
.110; .120; .315; .325; s7-99; s7-113; s8-64;
.510; .620; .630; s9-82; s10-3 (2); s10-22;
.715 (2); .720; .730 (5); s10-27; s10-29; s10-82;
.820; .830 (5); .1130 (5); s10-112; s11-12
.1215; .1225 (6);
24 CFR 50: .18; .36; COMPLETE AND SATISFACTORY2
24 CFR 58: .40; .52; 24 CFR 941: .403;
24 CFR 87: .605 (2); HUD-53012B: Att5.14
24 CFR 135: .36; .76; COMPLETE DESIGN .......................1
24 CFR 902: .7; .26; .43; 24 CFR 941: .501
.51; COMPLETE UPDATE ......................1
24 CFR 941: .303; .304 (2); 24 CFR 968: .315
.403; .501 (3); .606;
24 CFR 945: .203; COMPLETED ................................292
24 CFR 963: .10; 24 CFR 8: .3; .23;
24 CFR 965: .302; .403; 24 CFR 35: .88; .92 (3);
.115; .120 (2); .125;
.210 (2); .215; .315;
.510; .620; .715 (8);

.730; .820 (9); .830; s7-12; s7-13; s7-15;
.1115 (6); .1120 (4); s7-16 (2); s7-31; s7-41;
.1125; .1130; .1215; s7-51; s7-61; s7-71;
.1325; .1330; .1340; s7-81; s7-91; s7-99;
.1345 (3); .1350; s7-111; s7-122; s7-123;
.1355 (2); s7-125; s8-22; s8-23;
24 CFR 50: .16; .17 (2); s8-24 (2); s8-31; s8-41;
.19 (2); .22; .23; s8-51; s8-52; s8-61;
24 CFR 55: .10 (2); .12 (2); s8-63; s8-83; s8-84;
24 CFR 58: .53; s9-13; s9-15; s9-32;
24 CFR 902: .7 (3); .24; s9-34 (2); s9-51; s9-61;
24 CFR 905: .10 (2); s9-65 (3); s9-71; s9-81;
24 CFR 941: .102 (2); .103; s9-91; s9-102; s10-42;
.401; .403 (5); .404; s10-44 (2); s10-51; s10-71;
24 CFR 968: .102; .235; s10-81; s10-86 (3);
.305; .315; .422 (2); s10-101; s10-111; s10-121;
.425; s10-132; s11-17; s12-13
24 CFR 970: .14; COMPLETED CONSTRUCTION ... 4
49 CFR 24: .602; HUD-5370: s36;
HUD-2516: p2 (3); 4910.1 Hbk: s306;
HUD-2530: p1 (2); p3; p4; 7417.1 Hbk: s3-33; s9-13
HUD-50072: p1; p2 (2);
p3 (2); COMPLETED CONSTRUCTION
HUD-51001: p1 (2); p2 (3); CONTRACT...................................... 1
HUD-51002: p1; HUD-52484: p4
HUD-51915: B4.1 (3); D1.6; COMPLETED FORM ....................... 1
HUD-51971: p2; p3 (2); HUD-5369: s1
HUD-52427: p1;
HUD-52481: s6; COMPLETED HOUSING PROJECT3
HUD-52484: p4 (5); p5 (7); 24 CFR 941: .102;
HUD-52540: p2; 7417.1 Hbk: s6-2; s6-39
HUD-52651-A: p6; p7; p8 (2); COMPLETED PROJECT ................. 5
HUD-52832: p2; 24 CFR 941: .403 (3);
HUD-52837: p1 (2); p2 (2); HUD-52484: p5;
p3 (2); pi (2); piii; 7417.1 Hbk: s3-34
HUD-52842: p1; p2; p3 (6);
p4;
COMPLETED PROJECTS ............... 1
7417.1 Hbk: s4-26
HUD-53001: p1; p2;
HUD-53012B: Att5.1; COMPLETED REVIEW CHECKLIST
Att5.13 (2); Att5.14 (3); ......................................................... 30
Att5.17 (2); 7417.1 Hbk: s4-22; s4-23;
HUD-5369: s1; s4-24; s4-25; s4-26;
HUD-5370: s2 (3); s3; s9; s4-27; s7-31; s7-41;
s10; s20 (3); s21 (2); s7-51; s7-61; s7-71;
s27; s33; s36; s7-81; s7-91; s7-111;
HUD-5370-C: s4; s8-31; s8-41; s8-51;
HUD-5378: p1 (2); s8-61; s9-51; s9-61;
HUD-92264: p4; p8; s9-71; s9-81; s9-91;
1378.0 Hbk: s3-7; s5-9; s10-51; s10-71; s10-81;
s6-1; s7-10; s8-72; s10-101; s10-111; s10-121;
s8-150; s8-191; Ap2; Ap4; s11-17
Ap9; Ap18; Ap19;
Ap20 (3); Ap23;
COMPLETED REVIEW CHECKLISTS
4910.1 Hbk: s306; s615-3; ......................................................... 12
ApE; 7417.1 Hbk: s4-22; s4-28;
7417.1 Hbk: s1-3; s3-16; s7-12; s7-13; s7-16;
s3-33; s3-34; s3-61; s8-22; s8-23; s8-24;
s3-148; s3-204 (2); s9-32; s9-34; s10-42;
s4-22 (4); s4-23; s4-24; s10-44
s4-25; s4-26 (2); s4-27; COMPLETED WORK ...................... 7
s4-28; s4-29; s5-14; 24 CFR 941: .403;
s5-15; s6-2 (2); s6-22; HUD-5370: s20;
s6-25; s6-39; s7-1;
7417.1 Hbk: s9-65; s9-102; 24 CFR 902: .50 (2);
s10-86; s10-132; s12-13 24 CFR 941: .102 (2);
COMPLETELY .................................5 .207 (2); .306; .403 (3);
HUD-2530: p3; p4; .404 (2); .608;
HUD-5087: Intro; 24 CFR 945: .203;
HUD-5370: s46c; s47c 24 CFR 963: .10;
24 CFR 965: .507;
COMPLETENESS .............................4 24 CFR 968: .101; .108 (2);
HUD-2530: p2; .112; .135 (2); .225;
HUD-5370: s9; .230; .315 (2); .422 (3);
7417.1 Hbk: s4-2; s4-29 .428;
COMPLETES.....................................3 24 CFR 969: .101; .103 (2);
24 CFR 58: .43; .104;
24 CFR 968: .315; 24 CFR 970: .5 (2); .11;
7417.1 Hbk: s3-33 24 CFR 971: .5;
COMPLETING ................................71 24 CFR 972: .109 (3); .206;
24 CFR 35: .325; .212 (3);
24 CFR 55: .21; 49 CFR 24: .404; .603;
24 CFR 135: .92; HUD-50072: p2;
24 CFR 902: .50; HUD-5087: s16;
24 CFR 941: .501; .612; HUD-51000: p2 (2);
24 CFR 968: .102; .335; HUD-51915: A1.2 (4); B3.1;
.425; B4.1; D1.1; D1.7;
24 CFR 970: .11 (2); .13; HUD-52344: p1;
HUD-2516: p1; HUD-52481: s4;
HUD-2530: p3 (3); p4 (2); HUD-52484: p5 (2);
HUD-50072: p1 (6); HUD-52651-A: p2; p6; p7 (2);
HUD-51975-A: s1.7; HUD-52837: pi; pii (2);
HUD-51971: p2 (5); piii;
HUD-52396: p1 (2); HUD-53012B: Att5 Intro;
HUD-52484: p4 (2); Att5.8; Att5.13;
HUD-52540: p2; Att5.14 (3); Att5.16;
HUD-52651-A: p1; p6; p8; HUD-5369: Intro; s9 (2);
HUD-52825: pi; s10 (3);
HUD-52832: p2; HUD-5370: T/C; s1; s2; s3;
HUD-52834: p5; s6 (2); s11; s12; s14;
HUD-52836: p1; s17; s20 (2); s21 (2);
HUD-52837: pi; s27 (3); s29; s32;
HUD-52842: p3 (2); s33 (2); s36;
HUD-53001: p1; HUD-5370-C: s4;
HUD-53012B: Att6.1; HUD-5372: p2 (3);
HUD-5369C: s3; HUD-5378: p1 (2); p2 (5);
HUD-5370: s2; s6; s9; HUD-92264: p7;
s32 (4); s33; 1378.0 Hbk: s1-8 (2); s2-2;
HUD-5372: p1 (2); s2-3; s2-4 (2); s6-2 (5);
HUD-92264: p8; s7-7; s8-3; s8-23; s8-34;
1378.0 Hbk: s2-5; s2-6; s8-42; s8-43; s8-53;
s8-231; Ap25; s8-56; s8-64; s8-74;
7417.1 Hbk: s2-7; s7-92; s8-83; s8-85; s8-94;
s7-115; s8-73; s8-84; s8-103; s8-113; s8-114;
s9-102; s10-132; s12-13 s8-124; s8-134; s8-164;
s8-173; s8-185; s8-194;
COMPLETION ..............................244 s8-214; s8-215; s8-222;
24 CFR 35: .92; .110; Ap2; Ap4; Ap20;
.715 (4); .820 (3); .830; 7417.1 Hbk: T/C (2); s1-2;
.930; .940 (2); .1120; s3-33; s3-123; s3-125;
.1340; .1355; s3-162 (3); s4-12;
24 CFR 41: .5; s4-29 (2); s6-2 (2); s6-24;
24 CFR 42: .305 (2); .375; s6-44; s7-1; s7-3; s7-13;
24 CFR 50: .19; s7-16; s7-25; s7-27;
24 CFR 55: .10; .20; s7-34; s7-71; s7-81;
24 CFR 58: .22 (3); .75 (2); s7-122; s7-126; s8-5;
24 CFR 135: .90; s8-24; s8-61; s8-71;

s9-2; s9-5; s9-15; s9-34; 24 CFR 968: .422 (2)
s9-43; s9-61; s9-71; COMPLETIONS ............................... 1
s9-81; s9-92; s10-2; 7417.1 Hbk: s10-29
s10-4; s10-13; s10-24;
s10-29; s10-44; s10-64; COMPLEX ........................................ 9
s10-81; s10-83; s10-101; 24 CFR 941: .207 (2);
s10-122; s10-123; s11-18; 24 CFR 968: .108;
s11-28; c12; s12-1; 24 CFR 970: .5 (3);
s12-2; s12-12 1378.0 Hbk: s8-85; s8-103;
7417.1 Hbk: s3-125
COMPLETION/ ................................ 1
HUD-51915: B1.2 COMPLEXITY ............................... 16
24 CFR 58: .59;
COMPLETION/WARRANTY ......... 2 24 CFR 905: .120;
HUD-51915: T/C; A1.2 24 CFR 965: .505;
COMPLETION DATE ...................... 7 24 CFR 968: .125;
24 CFR 35: .92; 49 CFR 24: .103; .205; .603;
24 CFR 969: .103 (2); .104; HUD-5370: s29;
HUD-5370: s36; 1378.0 Hbk: s5-3; s5-4;
7417.1 Hbk: s7-13; s10-13 7417.1 Hbk: s3-16 (2);
COMPLETION DATES ................... 5 s3-19 (2); s6-43; s7-72
24 CFR 35: .1340; COMPLEXITY OF DESIGN............ 1
HUD-5370: s33; 7417.1 Hbk: s3-16
HUD-5372: p2; COMPLIANCE ............................. 466
7417.1 Hbk: s11-18; s11-28 24 CFR 8: .1 (3); .3;
COMPLETION DAYS ..................... 1 .21 (3); .22; .24 (3);
HUD-50072: p2 .25 (2); .50;
COMPLETION OF DEBT SERVICE1 24 CFR 35: .92 (2); .94 (3);
24 CFR 969: .101 .98 (2); .145; .150 (2);
.1125; .1320;
COMPLETION OF DEVELOPMENT 24 CFR 41: .3; .5 (14);
........................................................... 1 .6 (3);
24 CFR 941: .404 24 CFR 50: .1; .10; .11;
COMPLETION OF .17; .19 (6); .20 (2);
.22; .23; .31; .32;
MODERNIZATION.......................... 3 .36;
24 CFR 965: .507; 24 CFR 51: .106; .203; .204;
7417.1 Hbk: s4-29 (2) 24 CFR 55: .3; .10 (3);
COMPLETION OF THE .20 (2); .24 (3); .25 (12);
.27 (6);
MODERNIZATION.......................... 2 24 CFR 58: .18; .30 (2);
24 CFR 968: .101; .230
.34; .35 (2); .38;
COMPLETION OF THE PROJECT47 .40 (2); .77;
24 CFR 42: .305 (2); 24 CFR 87: .605;
24 CFR 941: .102; .207 (2); 24 CFR 135: .3; .5; .9;
.306; .404; .11 (5); .30 (8); .32 (2);
24 CFR 968: .108 (2); .36; .38 (2); .40; .70;
24 CFR 970: .5; .72 (2); .74 (14); .92 (2);
HUD-5087: s16; 24 CFR 902: .3; .20 (2);
HUD-51915: A1.2; .24; .33 (2); .67;
HUD-52484: p5; .71 (2); .73;
1378.0 Hbk: s1-8 (2); s2-2; 24 CFR 905: .10;
s2-3; s2-4 (2); s6-2 (3); 24 CFR 941: .103; .202;
s7-7; s8-3; s8-23; s8-34; .205; .207 (4); .304;
s8-42; s8-43; s8-53; .402; .403; .610 (2);
s8-64; s8-74; s8-83; .612;
s8-85; s8-94; s8-103; 24 CFR 943: .122;
s8-114; s8-124; s8-164; 24 CFR 945: .105; .303;
s8-173; s8-185; s8-194; 24 CFR 965: .307;
s8-214; s8-222; 24 CFR 968: .102; .105;
7417.1 Hbk: s3-123; s3-125; .108 (3); .110; .135;
s6-2; s10-83 .240; .315 (2); .320;
COMPLETION SCHEDULE ........... 2 .325; .425; .435;
24 CFR 970: .5 (3); .8 (2); s9-15; s10-82; s11-3;
.11; .14 (2); s11-18; s11-28; s12-11;
24 CFR 971: .7; s12-12
24 CFR 972: .130; .224; COMPLIANCE ACTION ..................1
49 CFR 24: .4 (3); .6; 24 CFR 41: .5
.8 (2); .9;
HUD-2530: p4; COMPLIANCE ACTIONS................2
HUD-51915: T/C; C1.5; 24 CFR 41: .6;
D1.5 (2); E1.12; E1.15; 24 CFR 58: .30
HUD-51975-A: s1.12; s1.5; COMPLIANCE DATES ....................1
HUD-51971: p2 (3); 24 CFR 902: .33
HUD-52825: p1; pi (2); COMPLIANCE DIVISION ...............2
HUD-52832: p2; HUD-2530: p4;
HUD-52836: p1 (2); pi (2); 7417.1 Hbk: s7-112
HUD-52840A: p1 (2); p4 (2);
HUD-53009-A: p1; COMPLIANCE FINDING ................2
HUD-53012A: Intro; s5 (2); 24 CFR 50: .11; .32
s12; COMPLIANCE FINDINGS ..............4
HUD-53012B: Att4 (2); Att5.7; 24 CFR 50: .31; .36;
Att5.8; Att6.1; 24 CFR 968: .320; .325
HUD-5369: s4;
HUD-5369-A: s6;
COMPLIANCE REVIEW ...............11
24 CFR 41: .5 (2);
HUD-5369-B: s5;
24 CFR 55: .24;
HUD-5369C: s3;
24 CFR 135: .40; .74 (7)
HUD-5370: s9; s11 (2); s12;
s13; s18; s19; s20; COMPLIANCE REVIEW
s39 (4); s40 (3); s46c (2); PROCEDURES ..................................1
s46e; s46g; s46k; 24 CFR 135: .74
s47c (2); s47d; s47h;
HUD-5370-C: s14 (2); s18;
COMPLIANCE REVIEWS ...............6
24 CFR 41: .5;
HUD-92264: p1 (2);
24 CFR 135: .72; .74 (3);
1378.0 Hbk: T/C (25); s1-7;
7417.1 Hbk: s1-5
s1-29 (6); s1-32 (2); s2-2;
s3-7; s6-1 (4); s7-18 (3); COMPLIANCE THRESHOLD .........1
s7-19; s8-7 (3); s8-27 (5); 24 CFR 943: .122
s8-38 (4); s8-50 (3); COMPLIANCE WITH
s8-59 (3); s8-67 (3);
s8-78 (3); s8-83; ENVIRONMENTAL AUTHORITIES1
s8-89 (5); s8-99 (3); 24 CFR 970: .8
s8-106 (3); s8-117 (3); COMPLIANCES ................................1
s8-127 (3); s8-137 (5); 24 CFR 55: .25
s8-149 (4); s8-155 (3); COMPLIED .....................................13
s8-168 (3); s8-176 (3); 24 CFR 35: .94;
s8-188 (3); s8-197 (3); 24 CFR 58: .5; .72;
s8-201; s8-217 (4); 24 CFR 135: .30; .74;
s8-225 (3); s8-235 (4); 24 CFR 970: .4;
Ap1; Ap19; Ap20 (2); HUD-51001: p2;
4910.1 Hbk: c1; s100-1; HUD-52820: p1 (5);
s100-2; c100-3 (2); s101-2; HUD-53012A: s22
s101-3; s102-1 (6);
s103 (2); s500-1; COMPLY .......................................351
s508-2 (2); s508-4 (2); 24 CFR 8: .3; .21 (2);
s508-5; s509-1 (2); s607-1; .24 (2); .29; .32;
s609-2; s611-1; Idx; ApI; 24 CFR 35: .96 (2); .100;
ApK (4); .170; .715; .720;
7417.1 Hbk: T/C; s1-3; s1-5; 24 CFR 41: .4; .5 (2);
s3-11; s3-16; s3-45; 24 CFR 50: .3; .4;
s3-48; s3-77; s3-123; 24 CFR 51: .106; .201;
s3-129 (5); s3-162; s3-176; 24 CFR 55: .2; .3 (2);
s4-24; s4-29 (2); s4-30; 24 CFR 58: .6; .10; .12;
s5-23; s6-25; s6-26; .14; .22; .34; .35;
s6-37; s7-52 (3); s7-94; .52; .72;
s7-100; s7-112; s9-3;

24 CFR 135: .3; .9; .30; ApA; ApI (16); ApJ;
.32 (2); .38 (2); .70 (2); ApK (24);
.74 (3); .76; .92; 7417.1 Hbk: s1-4; s2-5;
24 CFR 902: .5; .20; .23; s3-4; s3-14; s3-15;
.71; s3-48; s3-49; s3-71 (2);
24 CFR 905: .120; s3-77; s3-91; s3-113;
24 CFR 941: .103; .202; s3-125; s3-129 (2); s3-141;
.203; .207 (3); .209; s3-143; s3-146 (2); s4-24;
.304; .501 (2); .602 (2); s4-26; s4-29 (2); s6-25;
.606; s6-41 (3); s7-4; s7-53;
24 CFR 943: .148; .150 (3); s7-93; s7-102; s8-5;
24 CFR 963: .12 (2); s9-5; s9-11; s9-63;
24 CFR 965: .215; s10-4; s10-11 (2); s10-24;
24 CFR 968: .103 (2); s10-25 (2); s10-29 (2);
.108 (2); .110 (4); .112; s10-84
.130; .135 (3); .225; COMPLY-- ........................................ 1
.315 (2); .325; .335 (2); 24 CFR 905: .120
24 CFR 970: .5 (2); .11 (7);
.13 (2); COMPLYING ................................. 26
24 CFR 972: .112; .209; 24 CFR 8: .3;
49 CFR 24: .4 (3); .603 (3); 24 CFR 35: .105; .110;
HUD-50072: p3 (2); 24 CFR 50: .2; .18;
HUD-5087: Intro; 24 CFR 58: .23;
HUD-51915: A1.2; E1.12; 24 CFR 135: .36; .38;
E1.14; E1.15; 24 CFR 902: .3;
HUD-51975-A: s1.12; s1.4; 24 CFR 905: .120;
s1.5; 24 CFR 971: .9 (2);
HUD-52820: p1 (20); HUD-51915: E1.12;
HUD-52832: p2; HUD-51975-A: s1.12;
HUD-52836: p1 (14); HUD-5370: s9; s21; s31;
HUD-53012A: s6; s12 (2); s40;
s14; s17; HUD-5370-C: s18;
HUD-53012B: Intro (2); Att2; 1378.0 Hbk: s1-1; s5-2;
Att5.8; 4910.1 Hbk: s100-2 (2);
HUD-5369: s12 (2); s508-6;
HUD-5370: s6; s11 (2); 7417.1 Hbk: s3-4; s3-43
s12 (4); s13 (2); s16; COMPONENT'1 ............................... 1
s18; s19; s23; s29; HUD-50072: p3
s31; s39; s40; s43 (2); COMPONENT'2 ............................... 1
s46e; s47d; HUD-50072: p3
HUD-5370-C: s3; s14;
s18 (2); COMPONENT'3 ............................... 1
HUD-5378: p1; HUD-50072: p3
1378.0 Hbk: s1-1; s1-7; COMPONENT'4 ............................... 1
s1-29 (3); s2-2; s2-5; HUD-50072: p4
s3-5; s7-18; s8-7 (2);
s8-27 (3); s8-38 (2);
COMPONENT ................................ 46
24 CFR 35: .110; .630 (2);
s8-50 (2); s8-55; s8-56;
.1200; .1330 (4); .1350;
s8-59 (2); s8-67 (2);
24 CFR 58: .32;
s8-78 (2); s8-89 (2);
24 CFR 135: .92 (2);
s8-94; s8-99 (2); s8-103;
24 CFR 902: .7; .35 (3);
s8-106 (2); s8-117 (2);
.43; .53 (4); .60 (2);
s8-127 (2); s8-137 (2);
.73; .75;
s8-149 (2); s8-155 (2);
24 CFR 945: .203 (3);
s8-172; s8-176 (2);
24 CFR 970: .2; .5;
s8-188 (2); s8-197 (2);
HUD-50072: p1 (4); p2 (5);
s8-217 (2); s8-225 (2);
p3 (2);
s8-235 (2); Ap2; Ap4;
HUD-92264: p7 (2);
4910.1 Hbk: Front; s100-2 (3);
1378.0 Hbk: s7-10; s8-145;
s100-4 (2); s100-5; s508-4;
7417.1 Hbk: s3-143
s508-6; s509-4 (2); s608-4;
s611-1; s613-2; s615-2; COMPONENT ACTIVITIES ........... 3
24 CFR 58: .32;
24 CFR 970: .5; HUD-51915: D1.7 (2);
1378.0 Hbk: s7-10 HUD-51994: p2;
COMPONENTS ...............................72 HUD-52820: p1 (3); p2 (2);
24 CFR 35: .110 (5); .700; HUD-52832: p1; p2 (4);
.1330 (2); .1340; HUD-52833: p1; p2 (4);
24 CFR 135: .92; HUD-52834: p1; p2; p3; p4;
24 CFR 902: .7; .23 (5); p5 (2);
.24; .30; .35 (5); HUD-52835: p1 (19); p2; p3;
.43 (3); .53; .63 (3); pi (7); pii (3); piii (2);
.69; .75; HUD-52842: p1; p2;
24 CFR 968: .105; .315; HUD-53001: p1 (2); p2 (2);
.320; .325; HUD-53009-A: p1 (3);
24 CFR 972: .130; .218; 1378.0 Hbk: T/C (2); s1-3 (4);
.230; s7-22; s8-62; s8-72;
49 CFR 24: .2; s8-91 (2); s8-92 (2);
HUD-5087: s15; s8-101 (2); Ex7-1;
HUD-52651-A: p6 (2); 7417.1 Hbk: s3-32 (4);
HUD-52837: pii; s3-33 (3)
HUD-5370: s1; s20 (2); COMPREHENSIVE ANALYSIS......1
HUD-92264: p1; 24 CFR 135: .74
1378.0 Hbk: s1-21; s7-1; COMPREHENSIVE FIRE .................3
s8-72 (3); Ap20; 7417.1 Hbk: s3-32 (2); s3-33
4910.1 Hbk: s607-1;
s613-1 (2); ApI (2); COMPREHENSIVE GENERAL
ApK (9); LIABILITY ........................................6
7417.1 Hbk: s3-16; s10-23 (2); HUD-51915: D1.7 (2);
s11-12 7417.1 Hbk: s3-32 (2);
COMPOSED ......................................4 s3-33 (2)
24 CFR 35: .86; .110; COMPREHENSIVE GRANT
24 CFR 945: .105; FORMULA SYSTEM........................2
4910.1 Hbk: s508-5 24 CFR 905: .10 (2)
COMPOSITE .....................................6 COMPREHENSIVE GRANT
24 CFR 35: .110; .1355 (3);
24 CFR 50: .21; NUMBER ...........................................9
24 CFR 58: .32 HUD-52837: p1; pi (3);
pii (3); piii (2)
COMPOSITION...............................10
24 CFR 945: .303; COMPREHENSIVE HOMELESS
24 CFR 971: .13; ASSISTANCE PLAN ........................2
HUD-52651-A: p4; p8; 24 CFR 8: .22; .23
HUD-5378: p2;
HUD-92264: p1; p2 (2);
COMPREHENSIVE HOUSING .......1
24 CFR 945: .105
7417.1 Hbk: s7-53 (2)
COMPREHENSIVE ......................213 COMPREHENSIVE HOUSING
24 CFR 8: .22; .23; .25; AFFORDABILITY STRATEGY ......1
24 CFR 50: .3; .4; 24 CFR 945: .105
24 CFR 135: .74; COMPREHENSIVE IMPROVEMENT
24 CFR 905: .10 (4);
24 CFR 945: .105;
ASSISTANCE ..................................24
24 CFR 905: .10 (2);
24 CFR 968: .101 (2);
24 CFR 968: .101; .105;
.103 (2); .104 (2);
24 CFR 970: .2; .10;
.105 (2); .112 (4);
24 CFR 971: .13;
.305 (4); .315 (36);
24 CFR 972: .139;
.320 (23); .325 (12);
HUD-52820: p1 (3); p2 (2);
.335 (10);
HUD-53001: p1; p2;
24 CFR 970: .2 (3); .10;
HUD-53009-A: p1 (3);
.12 (2);
1378.0 Hbk: T/C; s1-3 (2);
24 CFR 971: .5 (3); .13 (2);
s8-91; s8-92; s8-101
24 CFR 972: .139 (2);
49 CFR 24: .2; COMPREHENSIVE IMPROVEMENT
HUD-2516: p2; ASSISTANCE PROGRAM .............22
HUD-5087: s14; 24 CFR 905: .10 (2);

24 CFR 968: .101; .105; 24 CFR 968: .325
24 CFR 970: .2; .10; COMPREHENSIVE PLAN BY........ 1
HUD-52820: p1 (3); p2 (2); 24 CFR 968: .315
HUD-53001: p1; p2;
HUD-53009-A: p1 (3); COMPREHENSIVE PLAN FOR
1378.0 Hbk: T/C; s1-3 (2); MODERNIZATION.......................... 1
s8-91; s8-92; s8-101 24 CFR 971: .5
COMPREHENSIVE COMPREHENSIVE PLANS ............ 1
MODERNIZATION.......................... 1 24 CFR 971: .5
24 CFR 970: .12 COMPREHENSIVE PROGRAMS... 1
COMPREHENSIVE HUD-2516: p2
MODERNIZATION PLANNING .... 1 COMPRESSIBLE ............................. 1
24 CFR 970: .12 4910.1 Hbk: s203
COMPREHENSIVE COMPRESSIBLE SOILS ................. 1
4910.1 Hbk: s203
MODERNIZATION PROGRAM ..... 1
24 CFR 8: .25 COMPRESSION ............................... 2
4910.1 Hbk: ApC; ApE
COMPREHENSIVE
COMPRESSION TEST RESULTS .. 1
MODERNIZATION PROGRAM ..... 1 4910.1 Hbk: ApE
24 CFR 8: .25
COMPRESSOR ................................. 2
COMPREHENSIVE OCCUPANCY HUD-5087: s15;
PLANNING ....................................... 1 7417.1 Hbk: s10-23
24 CFR 970: .12 COMPROMISE ................................. 1
COMPREHENSIVE PLAN ............ 89 HUD-53012B: Att5.12
24 CFR 968: .104 (2); COMPTROLLER .............................. 9
.112 (2); .305 (4); 24 CFR 943: .146;
.315 (27); .320 (21); HUD-51915: E1.5;
.325 (10); .335 (10); HUD-51975-A: s1.5;
24 CFR 971: .5; HUD-53012A: s15;
HUD-52832: p2 (4); HUD-5370: s45 (2); s46b;
HUD-52834: p5; HUD-5370-C: s7 (2)
HUD-52835: p1 (6);
HUD-52837: pi COMPTROLLER GENERAL .......... 9
24 CFR 943: .146;
COMPREHENSIVE PLAN-- ........... 1 HUD-51915: E1.5;
24 CFR 968: .315 HUD-51975-A: s1.5;
COMPREHENSIVE PLAN/ ............. 1 HUD-53012A: s15;
HUD-52835: p1 HUD-5370: s45 (2); s46b;
COMPREHENSIVE PLAN/ANNUAL HUD-5370-C: s7 (2)
STATEMENT ................................... 4 COMPUTATION ............................ 21
HUD-52835: p1 (4) 24 CFR 902: .26;
24 CFR 905: .10 (2);
COMPREHENSIVE PLAN/ANNUAL 24 CFR 968: .315;
SUBMISSION ................................... 4 24 CFR 971: .13;
24 CFR 968: .315; .320; 49 CFR 24: .305; .401 (3);
HUD-52832: p2 (2) .505; .603;
COMPREHENSIVE PLAN/FIVE- HUD-51001: p2;
HUD-51994: p6;
YEAR ................................................ 3 HUD-52481: Att;
24 CFR 968: .315 (3) HUD-5372: p2;
COMPREHENSIVE PLAN AN ....... 1 1378.0 Hbk: s3-2; s3-3;
24 CFR 968: .315 s4-4;
7417.1 Hbk: s3-113; s3-161;
COMPREHENSIVE PLAN AND .... 4 s3-163
24 CFR 968: .112 (2); .315;
.325 COMPUTATIONS ............................ 3
49 CFR 24: .603;
COMPREHENSIVE PLAN HUD-5372: p2;
APPROVABLE ................................. 1 HUD-92264: p4
24 CFR 968: .320
COMPUTE ........................................ 5
COMPREHENSIVE PLAN AS ........ 1
24 CFR 42: .350; 24 CFR 970: .5;
24 CFR 51: .208; 24 CFR 971: .3;
49 CFR 24: .603 (2); 24 CFR 972: .218;
1378.0 Hbk: s7-16 49 CFR 24: .205; .603;
COMPUTED ....................................37 1378.0 Hbk: s1-29; s2-5;
24 CFR 965: .506; s6-2; s8-113; s8-233;
24 CFR 968: .105; Ap8;
24 CFR 971: .13; 7417.1 Hbk: s3-77 (3); s4-24;
49 CFR 24: .208; .306 (2); s7-43
.401 (2); .402 (2); CONCENTRATION OF ASSISTED
.403 (2); .505 (2); PERSONS ..........................................2
.603 (7); 24 CFR 941: .202;
HUD-52484: p5; 7417.1 Hbk: s7-43
HUD-53012B: Att5.8;
HUD-5370: s46a; s46j; s47a; CONCENTRATION OF VERY LOW-
s47g; INCOME FAMILIES .........................1
HUD-5372: p2; 24 CFR 971: .3
1378.0 Hbk: s3-4.; s3-7; CONCENTRATIONS ........................3
s3-8 (4); 7417.1 Hbk: s3-73; s3-77 (2)
4910.1 Hbk: ApK;
7417.1 Hbk: s3-167; s3-177 CONCEPT ........................................12
24 CFR 968: .305;
COMPUTER ......................................4 HUD-51915: A1.2;
24 CFR 35: .125; 7417.1 Hbk: s2-1; s6-26;
HUD-52832: p2; s7-74; s9-5; s9-15 (2);
1378.0 Hbk: s6-2; s6-3 s9-42; s9-63; s10-3;
COMPUTER GENERATED .............2 s10-4
1378.0 Hbk: s6-2; s6-3 CONCEPTS .......................................3
COMPUTER GENERATED FORMAT 1378.0 Hbk: Ap20;
............................................................2 7417.1 Hbk: s3-16; s7-74
1378.0 Hbk: s6-2; s6-3 CONCERN .......................................39
COMPUTER HARDWARE ..............1 24 CFR 55: .2 (2);
HUD-52832: p2 24 CFR 135: .5 (6); .11;
.36 (5); .40 (2); .76;
COMPUTING ..................................33 .92 (6);
24 CFR 902: .63; 24 CFR 963: .5;
24 CFR 968: .108; HUD-2516: p2 (2);
24 CFR 970: .5; HUD-2530: p3;
49 CFR 24: .208; .401 (4); HUD-5369-A: Intro; s1;
.403 (2); .503; .505 (2); s7 (4);
.603 (2); HUD-5369C: s2 (5); s3
HUD-5370: s27;
1378.0 Hbk: T/C; s2-5; CONCERN'' .......................................1
s3-3 (6); s3-4.; s3-8 (3); 24 CFR 135: .5
s5-3; Ap12; CONCERNED ...................................3
4910.1 Hbk: ApK (2); 24 CFR 40: .3;
7417.1 Hbk: s1-5 24 CFR 50: .19;
CONCEALED ....................................1 24 CFR 58: .34
24 CFR 58: .47 CONCERNS.....................................83
CONCENTRATED ............................3 24 CFR 50: .19; .42;
24 CFR 58: .32; 24 CFR 135: .1; .3; .5;
4910.1 Hbk: s303-2; .9 (3); .11 (2); .30 (3);
7417.1 Hbk: s6-43 .32 (3); .36 (9); .40 (3);
.72; .74; .76 (3);
CONCENTRATING ..........................1 .92 (26);
4910.1 Hbk: s306 24 CFR 902: .23;
CONCENTRATION ........................29 24 CFR 964: .320;
24 CFR 35: .110 (2); 24 CFR 968: .315 (3);
.1320 (3); .1330; .325 (2);
24 CFR 42: .350; 24 CFR 971: .5;
24 CFR 941: .202 (4); .207; 24 CFR 972: .127;
24 CFR 968: .108; HUD-52651-A: p2; p3;

HUD-52820: p1 (3); CONCUR .......................................... 3
HUD-5370-C: s18; 24 CFR 902: .79;
4910.1 Hbk: Fwd; 24 CFR 941: .403;
7417.1 Hbk: s3-46; s3-47 (2); 1378.0 Hbk: s5-9
s3-76; s3-113; s4-29;
s6-25; s9-63 CONCURRED .................................. 2
24 CFR 50: .22; .34
CONCESSIONS ................................ 1
HUD-92264: p7 CONCURRENCE ............................. 9
24 CFR 51: .104; .105;
CONCLUSION ................................. 9 49 CFR 24: .404;
24 CFR 35: .1330; .1335; HUD-5370: s27; s35;
.1355; 1378.0 Hbk: s5-9;
24 CFR 902: .25 (2); 4910.1 Hbk: s101-3; ApK;
1378.0 Hbk: Ap20 (2); 7417.1 Hbk: s3-32
7417.1 Hbk: s3-15; s7-95
CONCURRENT ................................ 2
CONCLUSIONS ............................. 13 24 CFR 58: .45;
HUD-5370: s7; 1378.0 Hbk: Ap20
HUD-92264: p1; p8 (4);
1378.0 Hbk: Ap20 (6); CONCURRENTLY ........................... 2
7417.1 Hbk: s8-63 24 CFR 945: .205;
HUD-53012B: Att5.3
CONCLUSIVE .................................. 5
HUD-53012A: s17; CONCURS ........................................ 5
HUD-53012B: Att5.17; HUD-5370: s9;
HUD-5370: s20; 1378.0 Hbk: s1-8 (4)
HUD-5370-C: s3 (2) CONDEMNATION ........................ 63
CONCRETE .................................... 65 24 CFR 970: .13;
24 CFR 35: .110; 49 CFR 24: .101; .102 (6);
24 CFR 51: .205; .107 (4); .401; .402;
HUD-5087: s3 (5); s9; .603;
HUD-51000: p2 (2); HUD-52481: s4;
4910.1 Hbk: c6 (3); s603; HUD-52484: p2;
s603-1 (3); s603-2 (2); HUD-52651-A: p7 (2); p8;
s609-3 (6); s609-5; HUD-53012B: Att5.1 (3);
Idx (4); ApB (2); ApE (24); 1378.0 Hbk: s3-3; s3-4.;
ApF (2); ApH (2); ApI; s3-5; s5-1; s5-2 (6);
ApK (4) s5-3; s5-5; s5-7 (4);
s5-9 (3); s8-36; s8-146;
CONCRETE AGGREGATES .......... 1 Ap19 (2); Ap20; Ap23;
4910.1 Hbk: ApE 7417.1 Hbk: T/C; s3-15 (3);
CONCRETE BRICK ......................... 3 s3-17; s3-78; s3-79 (4);
4910.1 Hbk: s609-3 (3) s3-163; s7-92; s8-73;
CONCRETE FLOOR ........................ 4 s8-82 (2)
4910.1 Hbk: s603-1; s603-2; CONDEMNATION AWARD .......... 1
ApE; ApF HUD-53012B: Att5.1
CONCRETE FLOORS ...................... 2 CONDEMNATION DEPOSITS ....... 1
HUD-5087: s3; HUD-52484: p2
4910.1 Hbk: s609-3 CONDEMNATION ORDER ............ 1
CONCRETE FORMWORK ............. 1 24 CFR 970: .13
4910.1 Hbk: ApE CONDEMNATION PROCEDURES 2
CONCRETE REINFORCEMENT ... 1 7417.1 Hbk: T/C; s8-82
4910.1 Hbk: ApE CONDEMNATION PROCEEDING 7
CONCRETE SLAB ........................... 1 49 CFR 24: .102; .107 (2);
4910.1 Hbk: Idx 1378.0 Hbk: s5-2; s5-5;
CONCRETE SLABS......................... 2 s5-7 (2)
4910.1 Hbk: s603-1; Idx CONDEMNATION PROCEEDINGS10
CONCRETE SLABS-ON-GROUND 2 49 CFR 24: .102;
4910.1 Hbk: c6; s603-1 HUD-53012B: Att5.1 (2);
1378.0 Hbk: s5-2;
CONCRETE SUPERSTRUCTURES 1 7417.1 Hbk: s3-15 (2); s3-17;
HUD-51000: p2 s3-78; s3-163; s8-73
CONDEMNED ..................................1 CONDITION OF THE GRANT
24 CFR 970: .13 AGREEMENT ...................................2
CONDENSATION.............................2 24 CFR 941: .501;
4910.1 Hbk: s508-4; ApC 24 CFR 968: .335
CONDENSATION RESISTANCE ...2 CONDITION PRECEDENT..............3
4910.1 Hbk: s508-4; ApC HUD-53012B: Att6.4 (2);
CONDITION ..................................227 HUD-5370-C: s6
24 CFR 8: .3 (4); .50; CONDITIONAL ..............................12
24 CFR 35: .86; .88 (2); 24 CFR 55: .10 (2); .12 (4);
.92 (2); .110; .620; 7417.1 Hbk: s7-4 (2); s9-5;
.820; s9-33; s10-4; s10-43
24 CFR 41: .3; CONDITIONAL APPROVAL ..........6
24 CFR 42: .305 (5); .375 (3); 7417.1 Hbk: s7-4 (2); s9-5;
24 CFR 50: .19; s9-33; s10-4; s10-43
24 CFR 55: .22; .25 (2);
.26; CONDITIONALLY ...........................1
24 CFR 58: .6; HUD-2530: p3
24 CFR 87: .205 (2); .300 (2); CONDITIONED ................................3
24 CFR 902: .1 (2); .7 (4); 24 CFR 58: .6;
.9; .20 (4); .23 (4); 24 CFR 970: .4;
.24 (5); .25 (37); .27 (3); 7417.1 Hbk: s8-73
.30 (4); .35 (17); .37 (2); CONDITIONING.............................35
.43; .60 (4); .63; 24 CFR 965: .505 (7);
.68 (4); .71 (2); 24 CFR 968: .335;
24 CFR 905: .10 (3); HUD-5087: s15;
24 CFR 941: .102; .501; HUD-51994: p1 (2); p5;
.610; HUD-52651-A: p4 (2); p8;
24 CFR 965: .505; .508; HUD-53012B: Att7.1;
.601 (3); .805; HUD-92264: p3 (3);
24 CFR 968: .210; .315 (2); 1378.0 Hbk: s1-26;
.320; .335 (2); 4910.1 Hbk: ApB (2); ApH;
24 CFR 969: .105; 7417.1 Hbk: T/C; s3-147 (7);
24 CFR 970: .6 (2); .11; s3-175 (2); s10-23 (2)
.13 (3);
49 CFR 24: .2; .101; .102; CONDITIONING REQUIREMENTS1
.208; .307; .401; .402; 24 CFR 968: .335
HUD-50070: p1; CONDITIONS ...............................520
HUD-50072: p3; p4 (2); 24 CFR 8: .3; .50;
HUD-51915: E1.1; 24 CFR 35: .110 (2); .115;
HUD-51975-A: s1.1; .165; .1115 (2); .1330;
HUD-52651-A: p7 (2); .1335 (2); .1355;
HUD-52836: p1 (2); 24 CFR 50: .3 (2); .19 (2);
HUD-53012B: Att4; Att6.4 (2); .20;
HUD-5370: s2 (2); s14; 24 CFR 51: .105; .106 (2);
s16 (2); s20; s28; 24 CFR 55: .2; .12; .27;
HUD-5370-C: s6; s13b (3); 24 CFR 58: .1; .2 (3); .18;
s18; .32; .34 (2); .35 (3);
HUD-92264: p3 (7); p7; .40 (2); .47 (4); .52;
1378.0 Hbk: T/C (2); s1-8; .53; .71 (3); .73;
s1-21; s3-3; s3-7; s5-2; 24 CFR 87: .100; .200;
s5-9; s6-2; s7-1; 24 CFR 135: .5; .36 (2);
s7-11 (6); s7-12 (3); 24 CFR 902: .20; .23 (3);
s8-67; s8-78; s8-92; .25 (7); .50; .51; .53;
s8-99; s8-188; Ap20 (5); .68; .79 (17); .83 (3);
4910.1 Hbk: s608-1; 24 CFR 941: .103; .202 (3);
7417.1 Hbk: s3-113; s6-5; .207 (7); .401; .403;
s7-98 (3) .612;
CONDITION OF ELIGIBILITY .......2 24 CFR 945: .105 (2);
24 CFR 8: .3; 24 CFR 963: .1; .5; .10;
49 CFR 24: .208 24 CFR 965: .205; .407;

24 CFR 968: .101 (2); .104; s203 (2); s203-2 (4);
.105; .108 (6); .110 (4); s301-1 (2); s302-1; s403-1;
.115; .315 (3); s602-1; s607-3; Idx (3);
24 CFR 970: .5 (6); .6 (2); ApI; ApK (10);
.7; .11 (3); .13; 7417.1 Hbk: s3-76; s3-78 (5);
24 CFR 972: .206 (2); .218; s3-113; s3-123; s3-125 (5);
.221; .224 (2); .230; s3-127; s3-142; s3-147;
49 CFR 24: .2 (3); .10; s3-162; s3-175; s4-25 (4);
.101; .102; .103; .105; s4-29; s5-15; s6-25 (2);
.203; .204; .401; s6-26; s6-27; s6-43;
HUD-50072: p3; s7-4 (2); s7-22; s7-27;
HUD-51000: p2 (5); s7-76; s7-93 (2); s7-94;
HUD-51915: T/C; A1.2 (4); s7-122 (5); s8-5 (3); s8-6;
C2.4; E1.6; s8-32; s8-42 (2); s8-73;
HUD-51975-A: s1.6; s9-3; s9-5 (2); s9-11;
HUD-51971: p2; s9-12; s9-13; s9-15 (2);
HUD-51994: p4; s9-33; s9-42; s9-43;
HUD-52396: p1; s9-63 (4); s9-72; s9-102;
HUD-52651-A: p3 (2); p7 (5); s10-3; s10-4 (2); s10-11;
p8 (3); s10-14 (2); s10-29 (7);
HUD-52832: p2 (2); s10-43; s10-62; s10-64;
HUD-53009-A: p1; s10-82; s10-102;
HUD-53012A: Intro (3); s14; s10-132 (3); s11-12
s17 (2); s22 (3); CONDITIONS FOR APPROVAL .... 3
HUD-53012B: Intro (2); Att1; 7417.1 Hbk: s7-27; s9-43;
Att3; Att6.10; s10-64
HUD-5369: s1 (2); s3; s4;
s5; CONDITIONS OF ELIGIBILITY .... 2
HUD-5369-A: s10; 49 CFR 24: .203;
HUD-5369-B: s1; s3; s5; 1378.0 Hbk: s2-3
s6; CONDITIONS OF THE MOVE ..... 23
HUD-5370: T/C (3); s1 (4); 24 CFR 941: .207;
s3; s7 (6); s8 (8); s13; 24 CFR 968: .108;
s23; s26 (2); s27 (2); 24 CFR 970: .5;
s37; s39 (2); 1378.0 Hbk: s1-8; s8-3;
HUD-5370-C: s1; s2; s8-23; s8-34; s8-43;
s13b (2); s14 (2); s8-53; s8-64; s8-74;
HUD-5372: p2 (2); s8-85; s8-94; s8-103;
HUD-92264: p1; p8; s8-114; s8-124; s8-134;
1378.0 Hbk: Intro; s1-6; s8-164; s8-173; s8-194;
s1-7; s1-8 (8); s1-26; s8-214; s8-222;
s1-33; s2-3 (3); s2-4 (3); 7417.1 Hbk: s3-125
s2-5; s3-3 (3); s4-5; CONDITIONS PRECEDENT........... 5
s4-7; s5-1; s5-2; s5-3; 24 CFR 941: .403; .612;
s5-5; s5-9 (2); s6-2 (2); HUD-53012A: Intro; s22 (2)
s7-7 (3); s8-3 (6);
s8-23 (5); s8-34 (5); CONDOMINIUM ............................. 5
s8-43 (6); s8-53 (5); 49 CFR 24: .2;
s8-56; s8-64 (5); HUD-2530: p3;
s8-74 (5); s8-83; 1378.0 Hbk: s1-9;
s8-85 (5); s8-87; 7417.1 Hbk: T/C; s3-113
s8-94 (5); s8-103 (5); CONDOMINIUMS ........................... 2
s8-113; s8-114 (5); 7417.1 Hbk: s3-113 (2)
s8-124 (5); s8-134 (5);
s8-152; s8-164 (4);
CONDUCT .................................... 109
24 CFR 35: .80; .82; .88;
s8-173 (4); s8-185 (5);
.90 (3); .92; .96; .106;
s8-194 (4); s8-211;
.115; .120 (2); .210;
s8-214 (4); s8-215;
.215; .320; .325;
s8-222 (5); Ap1; Ap2;
.620 (2); .630 (2);
Ap4 (2); Ap7; Ap19 (2);
.715 (2); .720; .815;
Ap20 (5);
.820; .930 (3); .940;
4910.1 Hbk: c1; s100-1;
.1015; .1115; .1120;
s101-2 (2); c2 (2);
.1130 (2); .1215; 24 CFR 968: .112; .115;
.1340 (2); .1345; .1355; .135; .240 (2); .335;
24 CFR 41: .5; .425;
24 CFR 50: .1; .35; 24 CFR 972: .218;
24 CFR 58: .11 (3); .75; 49 CFR 24: .2 (2); .208;
.77; .603;
24 CFR 87: .400; HUD-5369-B: s7;
24 CFR 135: .74 (2); .76 (2); HUD-5370: s6;
24 CFR 902: .51; .60 (2); 1378.0 Hbk: s1-5; s1-10;
.67; .83; 4910.1 Hbk: ApD (2);
24 CFR 943: .146; 7417.1 Hbk: s3-15; s5-23
24 CFR 945: .203; .205; CONDUCTING ...............................25
24 CFR 965: .301; 24 CFR 35: .110; .155;
24 CFR 968: .115; .305; .1340; .1355;
24 CFR 970: .3; 24 CFR 42: .350;
24 CFR 972: .124; .206; 24 CFR 50: .22; .32;
.218 (3); .224; 24 CFR 58: .1; .11; .71;
49 CFR 24: .2; .208; .603; 24 CFR 135: .40; .74;
HUD-2530: p1 (3); p4; .92 (2);
HUD-51000: p1 (5); 24 CFR 902: .68;
HUD-51915: A1.2 (3); E1.7; 24 CFR 972: .218;
HUD-51975-A: s1.7 (2); 49 CFR 24: .10; .304;
HUD-51994: p2; HUD-51971: p2;
HUD-52427: p1; 1378.0 Hbk: s1-33; s4-3;
HUD-52484: p4; s7-16; s8-150;
HUD-52825: pi; 4910.1 Hbk: ApD;
HUD-52832: p2; 7417.1 Hbk: s3-47
HUD-52834: p5; p6;
HUD-52836: p1; CONDUCTIVITY ..............................2
HUD-52837: pi; 4910.1 Hbk: ApA; ApG
HUD-52842: p3; CONDUCTS ......................................5
HUD-53001: p1; 24 CFR 35: .715 (2);
HUD-53012B: Att2; Att5.1; 24 CFR 945: .205;
HUD-5370: T/C (2); s20; s29; 49 CFR 24: .2;
HUD-5372: p1; 1378.0 Hbk: s1-8
HUD-92264: p8; CONDUIT ..........................................2
1378.0 Hbk: s1-30; s2-2 HUD-5087: s16;
CONDUCTANCE ..............................2 4910.1 Hbk: ApK
4910.1 Hbk: ApA (2) CONDUITS ........................................1
CONDUCTED ...............................128 HUD-5087: Intro
24 CFR 8: .1; CONFERENCE ................................64
24 CFR 35: .110 (2); .115 (3); 24 CFR 941: .203;
.120 (3); .125 (3); HUD-51915: A1.2 (2);
.165 (14); .320; .325; HUD-52651-A: p6 (4);
.510; .715; .730 (5); HUD-5369: Intro; s11 (4);
.815 (2); .820; .830 (5); HUD-5370: T/C; s5 (4);
.930; .1115 (3); .1120 (3); 4910.1 Hbk: ApI;
.1125; .1130 (7); .1215; 7417.1 Hbk: T/C (3); s3-16;
.1225 (3); .1320; s3-162; s5-14 (3); s6-1;
.1330 (2); .1335; s6-3 (3); s6-4 (6); s6-5;
.1340 (2); .1345; s6-22; s6-24; s6-38 (2);
.1355 (15); s6-39; s7-22 (2); s7-72;
24 CFR 51: .104; .106; .208; s7-74; s7-92; s10-28;
24 CFR 55: .1; .2; .3; s10-43; s10-132; s11-1;
.20; .26; s11-17; s11-18 (4);
24 CFR 58: .35; .77; s11-27 (2); s11-28 (2);
24 CFR 135: .11; .74 (2); s12-2 (4)
.92;
24 CFR 902: .5 (2); .63; CONFERENCES ...............................6
.68; .71; HUD-51915: T/C; A1.2;
24 CFR 965: .205 (3); .215; C1.7 (2);
.308; 1378.0 Hbk: Ap20;
7417.1 Hbk: s3-15

CONFIDENCE .................................. 2 24 CFR 941: .602 (2);
49 CFR 24: .1; .603 .606 (2);
24 CFR 943: .150;
CONFIDENTIAL .............................. 7 24 CFR 972: .224;
24 CFR 135: .76; 49 CFR 24: .103 (2); .603;
24 CFR 902: .52; HUD-51915: E1.7 (2);
49 CFR 24: .9; .10; HUD-51975-A: s1.7 (2);
1378.0 Hbk: s6-1; Ap20 (2) HUD-53012A: Intro; s19 (3);
CONFIDENTIALITY ..................... 35 HUD-5369-A: s4 (3);
24 CFR 902: .79; HUD-5369C: s3; s4 (5);
24 CFR 945: .205; s5 (4);
49 CFR 24: .9; HUD-5370: s26 (4);
HUD-2516: p1 (2); HUD-5370-C: s8 (5);
HUD-5087: Intro; 1378.0 Hbk: T/C; s5-3 (2);
HUD-51000: p1 (5); s5-9 (4); Ap20 (2);
HUD-51975-A: s1.7; 4910.1 Hbk: ApK (2);
HUD-51971: p1; p2 (2); 7417.1 Hbk: T/C; s3-3 (3);
HUD-52396: p1 (2); s10-29
HUD-52484: p4; CONFLICT BETWEEN
HUD-52651-A: p1;
HUD-52825: pi; REQUIREMENTS ............................ 1
HUD-52832: p2 (2); 24 CFR 941: .602
HUD-52834: p5; CONFLICT OF INTEREST............ 33
HUD-52835: p1 (2); 24 CFR 941: .606 (2);
HUD-52837: pi; 24 CFR 943: .150;
HUD-52842: p3; 49 CFR 24: .103; .603;
HUD-53001: p1; HUD-51915: E1.7;
HUD-5369C: s3; HUD-51975-A: s1.7;
HUD-5372: p1 (2); HUD-53012A: Intro; s19 (3);
HUD-92264: p8; HUD-5369-A: s4 (2);
1378.0 Hbk: s1-33; s6-1 (2) HUD-5369C: s3; s4 (3);
CONFIGURATION .......................... 4 s5 (3);
24 CFR 970: .13 (4) HUD-5370-C: s8 (3);
1378.0 Hbk: T/C; s5-3;
CONFIGURED ................................. 2 s5-9 (4);
24 CFR 971: .3; 7417.1 Hbk: T/C; s3-3 (3)
24 CFR 972: .124
CONFLICTING ................................ 7
CONFINE .......................................... 1 4910.1 Hbk: ApI; ApK;
HUD-5370: s2 7417.1 Hbk: s4-28 (2); s7-27;
CONFIRM ......................................... 5 s9-43; s10-64
24 CFR 35: .82; .115; CONFLICTING COMMENTS ......... 5
24 CFR 972: .230; 7417.1 Hbk: s4-28 (2); s7-27;
7417.1 Hbk: s7-52; s7-62 s9-43; s10-64
CONFIRMATION .......................... 11 CONFLICTING STANDARDS ....... 2
HUD-5369: s5; 4910.1 Hbk: ApI; ApK
7417.1 Hbk: s4-29 (2);
s5-16 (3); s7-123; s7-124; CONFLICTS ................................... 13
s7-127; s9-103; s10-132 24 CFR 50: .3;
24 CFR 58: .32;
CONFIRMED.................................... 2 HUD-51915: T/C; E1.7 (2);
24 CFR 35: .110; HUD-51975-A: s1.7 (2);
HUD-5369: s2 HUD-5369-A: Intro; s4 (3);
CONFIRMING .................................. 2 HUD-5370-C: s8 (2)
24 CFR 970: .14; CONFLICTS OF INTEREST ......... 11
HUD-53012A: s8 HUD-51915: T/C; E1.7 (2);
CONFIRMS ....................................... 2 HUD-51975-A: s1.7 (2);
HUD-51971: p3; HUD-5369-A: Intro; s4 (3);
7417.1 Hbk: s5-16 HUD-5370-C: s8 (2)
CONFLICT...................................... 57 CONFORM ..................................... 24
24 CFR 50: .3; 24 CFR 50: .32;
24 CFR 58: .5; 24 CFR 902: .25;
24 CFR 941: .501;
24 CFR 968: .425; CONGREGATE HOUSING
49 CFR 24: .206;
HUD-51915: C1.5 (2); E1.1; PROVIDES ........................................1
HUD-51975-A: s1.1; 7417.1 Hbk: s3-137
HUD-53012B: Att5.10; Att6.2; CONGREGATE HOUSING
HUD-5370: s12; s20; s23 (2); SERVICES .........................................1
1378.0 Hbk: s8-111; 7417.1 Hbk: s3-137
4910.1 Hbk: Front; s615-1;
ApA; ApK (2); CONGREGATE SLEEPING SPACE2
7417.1 Hbk: s3-113; s9-92; 1378.0 Hbk: s3-2 (2)
s10-123 CONGRESS .....................................74
CONFORM SUBSTANTIALLY ......1 24 CFR 87: .100 (9); .105 (3);
24 CFR 941: .501 .200; .500; .605 (11);
24 CFR 135: .40;
CONFORMANCE ...........................12 24 CFR 968: .103 (2);
24 CFR 8: .32 (2); HUD-2530: p1 (8);
24 CFR 51: .105; HUD-51915: T/C; E1.10 (2);
24 CFR 135: .74; E1.11;
HUD-51915: A1.2; B4.2; HUD-51975-A: s1.10 (2); s1.11;
HUD-5370: s46a; s47a; HUD-53012A: Intro; s20;
4910.1 Hbk: Front; s508-6; HUD-5369-A: s3 (6);
s602-2; HUD-5370: T/C; s41 (2);
7417.1 Hbk: s10-24 s43 (6);
CONFORMATION ............................1 HUD-5370-C: s11 (2); s13a (3);
HUD-5370: s7 s13b (4);
CONFORMED ...................................3 1378.0 Hbk: s8-47 (2); Ap20;
HUD-53012A: s9; 4910.1 Hbk: ApI;
HUD-53012B: Att6.3; 7417.1 Hbk: s5-3
HUD-5370: s46a CONGRESSIONAL.........................13
CONFORMING .................................6 HUD-52651-A: p1; p6;
HUD-5369: s8; 1378.0 Hbk: Ap25;
HUD-5369-B: s7; 7417.1 Hbk: T/C; s5-16 (4);
1378.0 Hbk: Intro (2); Ap20; s7-122; s7-124 (3); s7-125
7417.1 Hbk: s10-29 CONGRESSIONAL
CONFORMITY .................................8 APPROPRIATIONS ..........................1
24 CFR 58: .5; 1378.0 Hbk: Ap25
24 CFR 941: .501; CONGRESSIONAL NOTIFICATION
24 CFR 945: .301;
24 CFR 968: .335 (2); ............................................................8
HUD-53012A: s11; 7417.1 Hbk: T/C; s5-16 (3);
HUD-5370: s46d; s7-122; s7-124 (2); s7-125
HUD-92264: p8 CONNECTION TO UTILITIES ........2
CONFORMS ......................................7 49 CFR 24: .303;
24 CFR 41: .3; 1378.0 Hbk: s4-2
24 CFR 945: .203; CONNECTIONS ................................8
24 CFR 963: .12; 49 CFR 24: .2;
24 CFR 965: .205; HUD-5370: s15 (2);
HUD-5370: s20 (2); s23 1378.0 Hbk: s1-7;
CONGREGATE CARE FACILITIES1 7417.1 Hbk: s9-13; s10-13;
7417.1 Hbk: s10-25 s10-23 (2)
CONGREGATE CARE FACILITIES1 CONSECUTIVE DAYS ....................1
7417.1 Hbk: s10-25 24 CFR 945: .303
CONGREGATE HOUSING ..............6 CONSENSUS.....................................1
24 CFR 945: .103; 49 CFR 24: .603
7417.1 Hbk: T/C; s3-137 (4) CONSENT .......................................19
CONGREGATE HOUSING PROJECT 24 CFR 902: .79;
HUD-2516: p1;
............................................................1 HUD-51915: D1.0 (2); D1.2;
7417.1 Hbk: s3-137 D1.5;
HUD-52481: s9;

HUD-53012B: Att5.12; CONSIDERABLE INTEREST ......... 1
HUD-5370: s17; 24 CFR 58: .46
HUD-5370-C: s2;
1378.0 Hbk: Intro; s5-8 (2); CONSIDERATION ....................... 134
s8-150; 24 CFR 8: .3;
4910.1 Hbk: s603-1; 24 CFR 35: .86 (3);
7417.1 Hbk: s2-1; s2-5; 24 CFR 51: .101 (3);
s3-113; s6-41 24 CFR 55: .20;
24 CFR 58: .15; .33;
CONSENTS ...................................... 1 24 CFR 87: .105 (2); .110;
1378.0 Hbk: s2-7 24 CFR 135: .9; .34;
CONSEQUENCE .............................. 2 .36 (2); .74;
HUD-51971: p3; 24 CFR 902: .25; .69 (3);
HUD-5370: s16 24 CFR 941: .203; .501;
CONSEQUENCES............................ 5 .608; .612;
24 CFR 51: .101; 24 CFR 945: .203; .205;
24 CFR 902: .1; .75; 24 CFR 963: .10;
24 CFR 968: .335 (2) 24 CFR 968: .215; .315 (2);
.325; .335 (2);
CONSEQUENTIALLY .................... 1 24 CFR 970: .11; .13;
49 CFR 24: .603 24 CFR 971: .11;
CONSEQUENTLY ........................... 1 49 CFR 24: .2; .105;
1378.0 Hbk: Ap20 .205 (3); .404 (2);
CONSERVATION .......................... 52 HUD-51971: p1 (2); p3 (2);
24 CFR 50: .4; .19; HUD-52481: p1; s6 (2);
24 CFR 55: .25; HUD-52651-A: p3;
24 CFR 58: .34; HUD-52820: p1 (3);
24 CFR 965: .215; .301 (2); HUD-53012A: s17;
.302; .304 (2); .305 (3); HUD-5369: s12;
.306 (2); .307; .405; HUD-5369-A: s2; s11;
.507; HUD-5370: s27 (2); s39;
24 CFR 968: .112 (2); HUD-5370-C: s13a (2); s14;
.115 (2); .135; .305; HUD-5372: p2;
.315 (3); .335; 1378.0 Hbk: s2-4; s3-7;
HUD-51915: E1.15 (2); s5-5; s7-10; s7-21;
HUD-51975-A: s1.5 (2); Ap18a (2); Ap18b (2);
HUD-52820: p1 (3); pi (2); Ap20 (8);
HUD-52832: p2; 4910.1 Hbk: Intro (2); s607-1;
HUD-52836: p1 (2); pii (2); 7417.1 Hbk: s3-16; s3-19;
HUD-5370: s19 (2); s3-74; s3-75 (2); s3-131;
4910.1 Hbk: Intro (2); s3-132 (2); s3-148 (2);
7417.1 Hbk: s3-73; s3-143; s3-149; s3-150; s3-204;
s3-148; s6-43; s7-74; s4-24; s4-25 (2);
s7-75 s4-26 (2); s4-28; s4-29;
s5-3; s5-13; s5-21;
CONSERVATION OF ENERGY ..... 2 s6-28; s7-26; s7-64 (3);
4910.1 Hbk: Intro; s7-71; s7-81; s7-83;
7417.1 Hbk: s3-143 s7-84; s7-98 (2); s7-102;
CONSERVATIVE ............................ 1 s7-126; s8-42; s8-52;
24 CFR 965: .505 s9-61; s9-63; s9-71;
s9-72; s10-29; s10-81;
CONSERVATOR.............................. 3 s10-83; s10-101; s10-102
24 CFR 35: .110 (3)
CONSERVE ...................................... 3 CONSIDERATIONS ...................... 10
24 CFR 902: .23;
24 CFR 965: .405;
24 CFR 970: .13;
HUD-5370: s15;
HUD-52651-A: p7;
7417.1 Hbk: s3-143
1378.0 Hbk: Ap8; Ap9;
CONSERVE ENERGY ..................... 2 4910.1 Hbk: Intro (2); s402-1;
24 CFR 965: .405; 7417.1 Hbk: s3-76; s5-14
7417.1 Hbk: s3-143
CONSIDERED AS INCOME ........... 5
CONSERVING ................................. 1 49 CFR 24: .209 (2);
24 CFR 965: .405 1378.0 Hbk: T/C; s2-8 (2)
CONSISTENCY ..............................17 49 CFR 24: .1 (2);
HUD-92264: p7; 7417.1 Hbk: s3-173
7417.1 Hbk: T/C (2); s1-5; CONSOLIDATE ................................1
s3-162; s4-2 (3); 1378.0 Hbk: s1-1
s5-13 (4); s5-14; s7-36; CONSOLIDATED ...........................50
s7-44 (3) 24 CFR 42: .305 (2); .325;
CONSISTENT ...............................155 .350; .375 (2);
24 CFR 35: .320; 24 CFR 58: .15 (2);
24 CFR 41: .4; 24 CFR 968: .315 (5);
24 CFR 42: .325; .375 (3); 24 CFR 969: .105 (6);
24 CFR 51: .102 (2); .303; 24 CFR 971: .1; .9;
24 CFR 55: .1; .2; .25; 24 CFR 972: .121; .133;
24 CFR 58: .53; .227;
24 CFR 87: .105 (2); HUD-52835: p1 (4);
24 CFR 135: .1; .3; .9 (2); HUD-53001: p2;
.11 (2); .92; HUD-53009-A: p1 (2);
24 CFR 902: .1; .43; .53; HUD-53012A: Intro (6); s1;
.60; .67; .83; s2;
24 CFR 941: .102; .207; HUD-53012B: Intro (2);
.606; .612; 1378.0 Hbk: s8-137; s8-193;
24 CFR 943: .100; .124; 7417.1 Hbk: s5-15 (2); s6-28;
.130; s7-64; s10-29 (3)
24 CFR 963: .3; CONSOLIDATED ACC ..................12
24 CFR 964: .320; 24 CFR 969: .105 (6);
24 CFR 965: .205 (2); .505; HUD-53012A: Intro (3); s1;
24 CFR 968: .101; .108; 7417.1 Hbk: s6-28; s7-64
.135; .215; .225; .315;
24 CFR 970: .7; .8; .11; CONSOLIDATED ACCS..................1
24 CFR 972: .115; .133; HUD-53012A: Intro
.206; .227; .230; .239; CONSOLIDATED ANNUAL
49 CFR 24: .10; .103 (3); CONTRIBUTIONS CONTRACT ...13
.205; .402; .404; HUD-52840A: p1 (3);
HUD-50070: p1 (5); HUD-53001: p2;
HUD-51915: A1.2 (3); HUD-53009-A: p1;
HUD-52835: p1 (2); HUD-53012A: Intro (2); s2;
HUD-53012B: Att2; Att5.17; HUD-53012B: Intro (2);
HUD-5370: s39; s40; 1378.0 Hbk: s8-137;
HUD-5370-C: s13a; 7417.1 Hbk: s5-15 (2)
1378.0 Hbk: Intro; s1-33;
s2-2; s2-5; s5-3 (3); CONSOLIDATED PLAN................14
s6-2; s7-11; s8-2; s8-22; 24 CFR 42: .305 (2); .325;
s8-32; s8-42; s8-55 (2); .350; .375 (2);
s8-63; s8-73; s8-82; 24 CFR 58: .15;
s8-93; s8-102; s8-123; 24 CFR 968: .315 (3);
s8-132; s8-162; s8-172 (2); 24 CFR 971: .9;
s8-183; s8-212; Ap20 (2); 24 CFR 972: .133; .227;
4910.1 Hbk: Front; Intro; HUD-52835: p1
s603-1; CONSOLIDATED PLANS ...............2
7417.1 Hbk: Front; s3-15 (2); 24 CFR 58: .15;
s3-16; s3-73 (3); s3-97; 24 CFR 968: .315
s3-122; s4-23; s4-25;
s5-11; s5-13 (2); s6-5;
CONSOLIDATES ..............................1
HUD-53012A: Intro
s6-38; s7-22 (7); s7-33;
s7-44 (3); s7-74 (4); CONSOLIDATING ...........................1
s7-75; s7-77; s7-114; 7417.1 Hbk: s4-28
s8-32; s8-62; s8-64; CONSOLIDATION ...........................3
s9-42; s9-52; s9-63; 24 CFR 968: .315;
s10-24; s10-62; s10-72; HUD-53012A: Intro; s1
s11-17 (3)
CONSORTIA .....................................4
CONSISTENT TREATMENT ..........1 24 CFR 943: .100; .118;
49 CFR 24: .205 .128; .130
CONSISTENTLY ..............................3

CONSORTIUM ............................... 50 24 CFR 968: .112; .335
24 CFR 58: .22 (2); CONSTRUCTION AND EQUIPMENT
24 CFR 943: .100 (2); ......................................................... 41
.118 (6); .120 (3); 24 CFR 8: .3 (2);
.122 (5); .124 (10); 24 CFR 941: .103;
.126 (3); .128 (9); 24 CFR 968: .335 (2);
.130 (10) HUD-52484: p3; p5 (2);
CONSORTIUM-WIDE ..................... 1 HUD-5369: s9;
24 CFR 943: .130 HUD-5369-A: s1; s12;
CONSORTIUM-WIDE BASIS......... 1 4910.1 Hbk: s100-4;
24 CFR 943: .130 7417.1 Hbk: T/C (4); s3-150;
s3-171; s3-172; s3-175 (2);
CONSPICUOUS ............................. 12 s3-176; s3-179; s6-43;
24 CFR 135: .38; s7-83 (4); s7-84 (2);
24 CFR 902: .63; s7-85 (3); s9-72 (3);
HUD-51915: E1.12; s10-102 (3); s11-15; s11-28
HUD-51975-A: s1.12;
HUD-53012A: s12; CONSTRUCTION AND EQUIPMENT
HUD-5370: s39 (2); s40; CONTRACTS ................................... 4
HUD-5370-C: s14 (2); s18; 24 CFR 968: .335 (2);
1378.0 Hbk: Ap20 HUD-5369: s9;
CONSPICUOUS PLACES ............. 11 HUD-5369-A: s12
24 CFR 135: .38; CONSTRUCTION BIDS .................. 7
HUD-51915: E1.12; HUD-52396: p1;
HUD-51975-A: s1.12; 7417.1 Hbk: s3-16; s10-3;
HUD-53012A: s12; s10-52; s11-1; s11-12 (2)
HUD-5370: s39 (2); s40; CONSTRUCTION COMPLETED ... 1
HUD-5370-C: s14 (2); s18; 4910.1 Hbk: ApE
1378.0 Hbk: Ap20
CONSTRUCTION COMPLETION . 3
CONSTANT RATIO OF 1.5 ............ 1 24 CFR 968: .135;
24 CFR 968: .103 HUD-52651-A: p2;
CONSTITUTION .............................. 2 7417.1 Hbk: s1-2
HUD-52481: s3; CONSTRUCTION COMPLETION
4910.1 Hbk: ApH
DOCUMENTS .................................. 1
CONSTITUTIONALLY ................... 2 24 CFR 968: .135
49 CFR 24: .8;
1378.0 Hbk: s1-32 CONSTRUCTION COMPONENTS 5
4910.1 Hbk: ApI (2); ApK (3)
CONSTITUTIONALLY PROTECTED
CONSTRUCTION CONTRACT .... 86
........................................................... 2 24 CFR 35: .1115;
49 CFR 24: .8; 24 CFR 941: .102 (2);
1378.0 Hbk: s1-32 .103 (2); .304; .403 (3);
CONSTRUCTION/CONTRACT...... 1 .606;
7417.1 Hbk: s3-162 24 CFR 968: .135;
CONSTRUCTION/REHABILITATION HUD-51000: p1; p2;
HUD-51915: A1.2 (7); C1.4 (3);
........................................................... 3 C2.1; C2.2; C2.4; E1.6;
1378.0 Hbk: s8-81 (2); HUD-51975-A: s1.6;
7417.1 Hbk: s3-121 HUD-52396: p1 (2);
CONSTRUCTION ACTIVITIES ..... 3 HUD-52484: p4 (2);
24 CFR 35: .115; HUD-53012B: Att5 Intro;
1378.0 Hbk: s7-10; Att5.2; Att5.3 (2);
7417.1 Hbk: s6-43 7417.1 Hbk: s3-16 (2);
CONSTRUCTION ANALYST......... 6 s3-33 (2); s3-171;
7417.1 Hbk: s12-1; s12-2 (4); s3-178 (2); s3-179 (3);
s12-11 s4-29; s6-2 (2); s10-3;
s10-13; s10-26; s10-27;
CONSTRUCTION AND BID s10-29 (7); s10-102; s11-1;
DOCUMENTS .................................. 4 s11-2; s11-3 (2);
24 CFR 35: .1135; s11-12 (2); s11-14; s11-15;
24 CFR 941: .501; s11-16 (2); s11-17 (2);
s11-18 (7); s11-28; CONSTRUCTION COST ESTIMATES
s12-1 (2); s12-11 (2);
s12-13 ............................................................4
HUD-51915: A1.2;
CONSTRUCTION CONTRACT 7417.1 Hbk: s10-3 (2); s10-85
ADMINISTRATION .........................1 CONSTRUCTION COST GUIDELINE
HUD-51915: A1.1
............................................................3
CONSTRUCTION CONTRACT COST 24 CFR 941: .306 (3)
............................................................5 CONSTRUCTION COST GUIDELINE
HUD-51915: A1.2; C1.4 (4)
............................................................3
CONSTRUCTION CONTRACT 24 CFR 941: .306 (3)
PAYMENTS ......................................1 CONSTRUCTION COST INDEX ....5
7417.1 Hbk: s12-12 24 CFR 968: .310;
CONSTRUCTION CONTRACT 7417.1 Hbk: s7-83; s7-84;
PAYMENTS ......................................1 s9-72; s10-102
7417.1 Hbk: s12-12 CONSTRUCTION COSTS..............22
CONSTRUCTION CONTRACTS ..16 24 CFR 135: .5;
24 CFR 135: .11 (2); 24 CFR 941: .306; .606;
24 CFR 941: .501; HUD-2516: p2;
HUD-51000: p1 (3); HUD-52651-A: p5; p8;
HUD-5369: s11; 7417.1 Hbk: s3-75; s3-172;
HUD-5369-A: s9; s3-173; s3-178; s6-27;
HUD-5370: s39; s6-41; s7-83; s9-15;
HUD-5370-C: s14; s9-16; s9-72; s9-74;
HUD-5372: p1; s9-102; s10-102; s10-104;
7417.1 Hbk: s3-14; s3-16 (2); s11-17; s11-28
s10-29; s11-18 CONSTRUCTION DEFICIENCIES .2
CONSTRUCTION COST ................11 7417.1 Hbk: s4-29; s12-11
HUD-51915: C2.1; CONSTRUCTION DETAILS ...........4
HUD-52651-A: p5 (2); 7417.1 Hbk: s10-3; s10-20 (2);
7417.1 Hbk: s3-16; s3-175; s10-21
s3-178 (2); s7-84 (2); CONSTRUCTION DOCUMENT ...44
s9-74; s10-104 HUD-52651-A: p4;
CONSTRUCTION 7417.1 Hbk: T/C (3); s9-4 (2);
COST/DEVELOPER'S ......................2 s9-11; s10-2; s10-3 (2);
HUD-52651-A: p8 (2) s10-11; s10-28; s10-42 (2);
s10-43 (2); s10-44 (4);
CONSTRUCTION s10-51; s10-61 (2); s10-62;
COST/DEVELOPER'S PRICE ..........3 s10-63; s10-64; s10-71;
HUD-52651-A: p5 (3) s10-81; s10-101;
CONSTRUCTION COST/PRICE .....3 s10-104 (2); s10-111;
HUD-52651-A: p5 (2); p8 s10-121; s10-123; s10-124;
s10-131; s10-132 (4);
CONSTRUCTION COST ANALYST1 s11-2; s11-12; s11-28 (2)
HUD-92264: p8
CONSTRUCTION DOCUMENT
CONSTRUCTION COST ESTIMATE APPROVAL .......................................9
............................................................4 7417.1 Hbk: T/C; s10-61;
24 CFR 941: .606 (2); s10-64; s10-124;
7417.1 Hbk: s9-73; s10-103 s10-132 (2); s11-2; s11-12;
CONSTRUCTION COST ESTIMATE s11-28
............................................................6 CONSTRUCTION DOCUMENT
24 CFR 941: .606 (2); DISAPPROVAL ................................2
7417.1 Hbk: T/C; s9-73; 7417.1 Hbk: s10-132 (2)
s10-27; s10-103
CONSTRUCTION COST ESTIMATES
DISTRIBUTION ................................2
............................................................2 7417.1 Hbk: T/C; s10-43
HUD-51915: A1.2;
7417.1 Hbk: s10-85

CONSTRUCTION DOCUMENT FILE HUD-52651-A: p8;
7417.1 Hbk: s7-101
........................................................... 2
7417.1 Hbk: T/C; s10-42 CONSTRUCTION MANAGER ....... 1
24 CFR 135: .5
CONSTRUCTION MATERIAL....... 1
RECEIPT DATE ............................. 13 7417.1 Hbk: s6-43
7417.1 Hbk: s10-42; s10-43;
s10-51; s10-61; s10-71; CONSTRUCTION MATERIALS .... 5
s10-81; s10-101; 24 CFR 35: .110;
s10-104 (2); s10-111; 24 CFR 50: .19;
s10-121; s10-131; s11-28 1378.0 Hbk: Ap20;
4910.1 Hbk: Front; s513-1
CONSTRUCTION METHOD .......... 1
REVIEW............................................ 9 4910.1 Hbk: ApK
7417.1 Hbk: T/C; s10-2;
s10-42; s10-43; s10-44 (3); CONSTRUCTION METHODS ........ 1
s10-62; s10-63 7417.1 Hbk: s3-142
CONSTRUCTION DOCUMENT CONSTRUCTION OF NEW
REVIEW DATE ................................ 6 FACILITIES ...................................... 1
7417.1 Hbk: s10-2; s10-42; 24 CFR 8: .24
s10-43; s10-44 (3) CONSTRUCTION PHASE............... 3
CONSTRUCTION DOCUMENT HUD-51915: T/C; A1.2; B1.2
SUBMISSION ................................... 4 CONSTRUCTION PLANS............... 2
HUD-52651-A: p4; 24 CFR 941: .402 (2)
7417.1 Hbk: s10-3 (2); s10-11 CONSTRUCTION PLANT .............. 1
CONSTRUCTION DOCUMENTS103 HUD-5370: s6
24 CFR 41: .3 (2); .5; CONSTRUCTION PRODUCTS ...... 1
24 CFR 941: .102; .103; 4910.1 Hbk: Front
.403; CONSTRUCTION PROGRESS ....... 2
24 CFR 968: .135; 7417.1 Hbk: s12-11; s12-13
HUD-51915: A1.2; C1.5 (2);
HUD-52651-A: p2; p6 (5); CONSTRUCTION PROGRESS
p7 (2); p8; MEETINGS ....................................... 1
7417.1 Hbk: T/C (3); s3-16; 7417.1 Hbk: s12-11
s3-147; s6-2 (2); CONSTRUCTION PROGRESS
s6-24 (3); s7-72; s7-74;
s7-122; s8-73; s9-3 (2); SCHEDULE ...................................... 5
s9-4; s9-5; s9-15; s9-33; HUD-5370: T/C; s3; s6;
s9-102 (2); c10; s10-2 (9); HUD-5372: p1;
s10-3 (6); s10-4 (6); 7417.1 Hbk: T/C
s10-11 (3); s10-27; CONSTRUCTION PROGRESS
s10-30 (2); s10-41;
s10-42 (2); s10-43 (5);
SCHEDULE .................................... 10
HUD-51000: p1; p2;
s10-51; s10-61; s10-62 (2);
HUD-5370: T/C; s3; s6;
s10-63 (2); s10-71; s10-81;
HUD-5372: p1 (3); p2;
s10-101; s10-111;
7417.1 Hbk: T/C
s10-112 (2); s10-121;
s10-131; s10-132 (2); CONSTRUCTION PROGRESS
s11-15 (2); s11-28 (3); SCHEDULE AND............................. 3
s12-11; s12-12; s12-13 (3) HUD-51000: p1; p2;
CONSTRUCTION FINANCING ..... 9 HUD-5372: p1
24 CFR 941: .102; CONSTRUCTION PROGRESS
HUD-52651-A: p5; p8 (2);
7417.1 Hbk: s3-175; s6-2;
SCHEDULE FORM .......................... 1
HUD-5372: p2
s6-41; s10-28; s11-28
CONSTRUCTION FORMS .............. 2 CONSTRUCTION PROGRESS
7417.1 Hbk: s12-11; s12-13 SCHEDULES .................................... 1
HUD-5370: s3
CONSTRUCTION INSPECTIONS .. 2
7417.1 Hbk: s3-14; s3-16 CONSTRUCTION PROGRESS
CONSTRUCTION LOAN ................ 2 SCHEDULES .................................... 1
HUD-5370: s3 CONSTRUCTION-PROTOTYPE.....1
CONSTRUCTION PROJECT ...........1 HUD-52484: p5
HUD-5370: s11 CONSTRUCTIONREPORT ..............1
CONSTRUCTION PROPOSED........1 HUD-5378: p1
4910.1 Hbk: s101-3 CONSTRUCTIONS ...........................1
CONSTRUCTION REPORT .............2 HUD-51994: p2
7417.1 Hbk: s12-12 (2) CONSTRUCTIVELY ........................1
CONSTRUCTION REPORT FORM 1 HUD-5370: s46a
7417.1 Hbk: s12-13 CONSTRUCTS ..................................3
CONSTRUCTION SCHEDULE .......1 24 CFR 902: .53;
7417.1 Hbk: s12-11 49 CFR 24: .403;
CONSTRUCTION SOLICITATION 2 1378.0 Hbk: s3-7
24 CFR 968: .135 (2) CONSTRUED ..................................27
CONSTRUCTION SOLICITATIONS1 24 CFR 8: .26;
24 CFR 968: .135 24 CFR 58: .77;
24 CFR 70: .4;
CONSTRUCTION SPECIFICATION2 24 CFR 135: .34;
7417.1 Hbk: s10-3; s10-12 24 CFR 941: .602 (2);
CONSTRUCTION SPECIFICATIONS 24 CFR 945: .103; .203;
..........................................................27 .303;
24 CFR 941: .103; 49 CFR 24: .105;
HUD-5087: Intro; HUD-51915: C1.3; D1.8;
7417.1 Hbk: T/C (2); HUD-52190-A: p1 (3);
s10-3 (2); s10-12; s10-13; HUD-52481: s8;
s10-23; s10-24 (8); HUD-53012A: s17; s21;
s10-25 (2); s10-83 (2); HUD-5370: s1; s11; s16;
s11-12 (2); s11-18 (3); s27 (2);
s11-28 HUD-5370-C: s11;
1378.0 Hbk: s5-5;
CONSTRUCTION STANDARDS ..17 7417.1 Hbk: s3-137; s10-29
24 CFR 55: .1;
24 CFR 941: .103; .203; CONSTRUING ..................................1
.402 (2); 24 CFR 968: .103
4910.1 Hbk: ApE; ApI; ApK; CONSULT .......................................24
7417.1 Hbk: T/C; s3-137; 24 CFR 8: .29;
s3-142; s7-73; s7-74; 24 CFR 35: .115;
s9-3; s9-63; s10-3; 24 CFR 50: .17;
s10-25 24 CFR 58: .14;
CONSTRUCTION STANDARDS''...1 24 CFR 941: .501;
24 CFR 941: .602 24 CFR 945: .203;
24 CFR 968: .215; .310;
CONSTRUCTION TYPES .315 (2); .335; .425;
PERMITTED .....................................1 24 CFR 972: .133;
4910.1 Hbk: ApI 49 CFR 24: .603;
HUD-51915: A1.2;
CONSTRUCTION WAGE RATE.....1 1378.0 Hbk: s2-2; s2-4;
7417.1 Hbk: s1-5
Ap20;
CONSTRUCTION WORK ..............23 7417.1 Hbk: s3-100; s3-101;
HUD-51915: A1.2; s3-113; s10-63; s11-15;
HUD-53012A: s12; s11-18
HUD-53012B: Att5.3 (9);
Att5.16;
CONSULTANT .................................8
24 CFR 35: .1135;
HUD-5370: s46 (2);
24 CFR 968: .112;
7417.1 Hbk: s3-45; s10-13;
24 CFR 970: .13;
s10-27; s10-29; s10-83;
HUD-2530: p3 (2);
s11-16; s12-1; s12-11 (2)
HUD-52484: p1;
CONSTRUCTION--HOUSING ........1 HUD-5369C: s4;
24 CFR 8: .22 HUD-92264: p4
CONSTRUCTION-IS ........................1 CONSULTANT FEE .........................1
7417.1 Hbk: s4-29 HUD-92264: p4

CONSULTANT FEES ...................... 3 CONSUMED ..................................... 1
24 CFR 35: .1135; HUD-5370: s15
24 CFR 968: .112; CONSUMER ..................................... 6
HUD-52484: p1 24 CFR 35: .130; .140;
CONSULTANTS .............................. 6 1378.0 Hbk: s8-122 (2);
24 CFR 87: .300; 4910.1 Hbk: ApB; ApH
24 CFR 965: .215; CONSUMER COOPERATIVES ...... 2
HUD-52484: p2; 1378.0 Hbk: s8-122 (2)
HUD-5369C: s4;
1378.0 Hbk: s1-32; CONSUMER PRODUCT SAFETY . 4
7417.1 Hbk: s3-61 24 CFR 35: .130; .140;
4910.1 Hbk: ApB; ApH
CONSULT-ANTS ............................. 1
HUD-5370-C: s13b CONSUMMATED ............................ 2
HUD-51971: p1; p2
CONSULTATION .......................... 49
24 CFR 35: .1330; CONSUMPTION ............................ 26
24 CFR 41: .5 (2); 24 CFR 902: .35 (2);
24 CFR 50: .3; 24 CFR 965: .403; .405;
24 CFR 58: .34; .77; .501 (2); .502; .505 (5);
24 CFR 902: .73 (2); .506 (5); .507; .508;
24 CFR 943: .130; HUD-51994: p5; p6 (6)
24 CFR 945: .203 (3); CONSUMPTION REQUIREMENTS1
.205 (2); 24 CFR 965: .505
24 CFR 968: .315 (3); CONTACT PERSON ........................ 5
.325 (2); .425; HUD-2516: p1; p2 (3);
24 CFR 970: .4; .13 (3); 7417.1 Hbk: s3-102
24 CFR 971: .7; .9 (3);
24 CFR 972: .130; .133 (3); CONTAGIOUS ................................. 2
.227 (3); 24 CFR 8: .3 (2)
49 CFR 24: .603 (3); CONTAGIOUS DISEASE ................ 2
HUD-51915: A1.2; 24 CFR 8: .3 (2)
HUD-52835: p1;
HUD-5369-A: s1;
CONTAINER .................................... 2
24 CFR 51: .201;
HUD-5369C: s3;
HUD-5370: s11
HUD-92264: p1;
1378.0 Hbk: s2-2; CONTAINERS .................................. 3
7417.1 Hbk: s3-72; s3-93; 24 CFR 51: .201; .208 (2)
s5-21; s7-43; s10-124 CONTAINMENT .............................. 9
CONSULTATION PROCESS .......... 3 24 CFR 35: .110 (2); .1340;
24 CFR 945: .203; .205 (2) .1345 (3);
24 CFR 965: .205;
CONSULTATION WITH GRANTEE1 24 CFR 968: .112;
24 CFR 968: .425
24 CFR 970: .11
CONSULTATIONS .......................... 5 CONTAMINANT ............................. 2
24 CFR 970: .8; .12;
4910.1 Hbk: s615-2; ApK
HUD-92264: p7;
1378.0 Hbk: Ap20 (2) CONTAMINANTS ........................... 1
4910.1 Hbk: ApK
CONSULTED ................................... 7
24 CFR 50: .1; CONTAMINATED ........................... 6
24 CFR 941: .304; 24 CFR 35: .86; .110;
24 CFR 945: .203 (3); .205; .1310 (2); .1330;
HUD-52481: Att 4910.1 Hbk: ApK
CONSULTING.................................. 8 CONTAMINATION ......................... 7
24 CFR 50: .19; 24 CFR 35: .1345 (2);
24 CFR 58: .35; 24 CFR 50: .3 (2);
24 CFR 135: .92; 24 CFR 58: .5 (2);
24 CFR 965: .205; 4910.1 Hbk: s100-2
24 CFR 968: .315; CONTEMPLATED ........................... 9
HUD-5370: s27; 24 CFR 8: .25 (2);
HUD-5370-C: s8 (2) 24 CFR 50: .21;
CONSULTS ...................................... 1 24 CFR 51: .101;
1378.0 Hbk: Ap1 24 CFR 55: .25;
24 CFR 58: .32; HUD-5369-A: Intro; s2 (3);
24 CFR 941: .203; HUD-5369C: s1 (3);
7417.1 Hbk: s3-113; s3-147 HUD-92264: p8;
CONTEMPLATED ACTIONS .........1 1378.0 Hbk: Ap20 (2)
24 CFR 58: .32 CONTINGENT FEE ..........................6
CONTEMPLATES ............................2 HUD-5369-A: Intro; s2 (2);
HUD-5370: s6; s11 HUD-5369C: s1 (2);
1378.0 Hbk: Ap20
CONTEMPLATION ..........................1
24 CFR 8: .1 CONTINUANCE ...............................2
CONTEMPORARY STANDARDS ..1 Att6.12
24 CFR 941: .203
CONTINUATION ...........................24
CONTEXT .........................................5 24 CFR 35: .1340;
24 CFR 70: .3 (3); 24 CFR 87: .100; .105; .205;
24 CFR 902: .7; .605;
24 CFR 945: .105 24 CFR 902: .75;
CONTIGUOUS ................................15 24 CFR 941: .501;
24 CFR 945: .105; .205 (2); 24 CFR 968: .335; .425;
24 CFR 971: .3; 24 CFR 971: .3;
24 CFR 972: .124; 24 CFR 972: .124;
HUD-52651-A: p1; p6; HUD-50071: p1;
HUD-52832: p2; HUD-51915: E1.11;
1378.0 Hbk: s7-10 (2); s8-45; HUD-51975-A: s1.11;
Ap20; HUD-51971: p3;
7417.1 Hbk: s6-25; s8-7; HUD-52651-A: p1; p6;
s8-81 HUD-52834: p2;
CONTIGUOUS PARCELS ...............6 HUD-5369: s1 (2);
HUD-52651-A: p1; p6; HUD-5370-C: s13a; s13b (3)
1378.0 Hbk: s7-10; CONTINUATION OF THE
7417.1 Hbk: s6-25; s8-7; DEFICIENCY ....................................2
s8-81 24 CFR 941: .501;
CONTIGUOUS TRACTS..................2 24 CFR 968: .335
1378.0 Hbk: s7-10; Ap20 CONTINUATION SHEET ................4
CONTINGENCIES ............................4 HUD-52651-A: p1; p6;
HUD-52834: p5; HUD-5369: s1 (2)
HUD-53012B: Att5.16 (3) CONTINUE .....................................62
CONTINGENCY .............................20 24 CFR 50: .23;
24 CFR 941: .103; .304; 24 CFR 58: .1; .40;
24 CFR 968: .325; 24 CFR 87: .400;
HUD-52484: p2 (2); p3; 24 CFR 902: .20; .71;
p5 (3); .75 (2); .77;
HUD-52651-A: p8 (2); 24 CFR 941: .207 (2); .612;
HUD-52825: pii; 24 CFR 965: .507;
HUD-52837: p1; pii; 24 CFR 968: .101 (2); .103;
piii (2); 24 CFR 969: .105;
HUD-92264: p4; 24 CFR 970: .12;
7417.1 Hbk: s7-25 (3) 24 CFR 972: .121;
CONTINGENCY ACCOUNT ...........4 49 CFR 24: .403; .505;
24 CFR 968: .325; HUD-50070: p1 (2);
7417.1 Hbk: s7-25 (3) HUD-51000: p2;
HUD-51915: F;
CONTINGENCY ALLOWANCE .....1 HUD-51994: p2;
24 CFR 941: .103 HUD-52825: pi (2);
CONTINGENCY RESERVE ............1 HUD-52840A: p1 (5);
HUD-92264: p4 HUD-53012B: Att2; Att6.12;
HUD-5369: s8;
CONTINGENT ................................15 HUD-5370: s23 (2); s45;
24 CFR 968: .315;
HUD-5370-C: s7;
49 CFR 24: .401;
HUD-5372: p2;
HUD-53012B: Att5.16;
HUD-5378: p1;
Att5.17 (2);
HUD-92264: p7; p8;

1378.0 Hbk: s1-1; s1-8; 24 CFR 135: .30 (3); .40;
s3-7; s3-8; s8-47 (2); .74 (3); .76;
s8-71; s8-92; s8-150 (2); 24 CFR 941: .501 (5); .600;
s8-231; Ap3; Ap20 (2); 24 CFR 945: .203;
Ap25; 24 CFR 968: .325 (2);
7417.1 Hbk: s3-32; s3-148; .335 (5); .425;
s8-5 24 CFR 969: .104;
CONTINUED .................................. 57 24 CFR 971: .3; .7; .13 (2);
24 CFR 35: .165; 24 CFR 972: .124; .218;
24 CFR 42: .350; .224 (2);
24 CFR 55: .12; 49 CFR 24: .205 (2);
24 CFR 58: .47; HUD-52481: s5;
24 CFR 135: .92 (2); HUD-53012B: Att2;
24 CFR 945: .303; HUD-5370: s20;
24 CFR 969: .101 (2); .104; HUD-5378: p2;
.106; 1378.0 Hbk: s2-5 (2);
24 CFR 970: .7; 4910.1 Hbk: Intro; s602-2;
24 CFR 971: .3; .13; s615-2; ApK (2)
24 CFR 972: .124 (2); CONTINUING CAPACITY ........... 13
49 CFR 24: .2; .203; .204; 24 CFR 941: .501 (5);
.208; .303; 24 CFR 968: .325 (2);
HUD-2530: p3; .335 (5); .425
HUD-52484: p2; CONTINUING FAILURE ................ 2
HUD-52651-A: p1; 24 CFR 135: .74 (2)
HUD-5378: p2;
1378.0 Hbk: T/C; s2-3; s2-5; CONTINUING INFORMATION ..... 2
s4-2; s4-7; s7-16; 49 CFR 24: .205 (2)
s7-22 (2); s8-43; s8-47; CONTINUING NONCOMPLIANCE1
s8-234; 24 CFR 135: .74
4910.1 Hbk: s100-2 (6); CONTINUING REQUIREMENT .... 1
c100-3; s100-5; s203; 24 CFR 971: .7
s402-1; s403-1; s607-1;
s607-3; s611-1; ApC; CONTINUING REQUIREMENTS .. 1
ApE (2); ApI; 24 CFR 941: .600
7417.1 Hbk: s3-78; s3-147 (2) CONTINUING UTILITY ................. 1
CONTINUED EMPLOYMENT ....... 1 4910.1 Hbk: Intro
24 CFR 135: .92 CONTINUITY .................................. 1
CONTINUED OCCUPANCY ........ 13 1378.0 Hbk: s6-1
24 CFR 42: .350; CONTINUOUS ................................. 6
24 CFR 945: .303; 24 CFR 8: .3;
49 CFR 24: .203; .204; HUD-5370: s16;
1378.0 Hbk: T/C; s2-3; s2-5; 4910.1 Hbk: s611-1; ApA;
s7-16; s8-43; s8-47; ApK (2)
s8-234;
7417.1 Hbk: s3-147 (2)
CONTINUOUS UNOBSTRUCTED
CONTINUED OPERATION AND PATH ................................................. 1
24 CFR 8: .3
MODERNIZATION.......................... 3 CONTOUR ........................................ 2
24 CFR 971: .3; .13;
24 CFR 941: .202;
24 CFR 972: .124
7417.1 Hbk: s3-76
CONTINUED PROJECT OPERATION CONTOURS.................................... 10
........................................................... 1 24 CFR 51: .106 (6);
24 CFR 969: .104 HUD-52651-A: p7;
CONTINUED USE ........................... 3 7417.1 Hbk: s6-25; s9-13;
24 CFR 55: .12; s10-15
49 CFR 24: .303; CONTRACT/SUBCONTRACT ....... 6
1378.0 Hbk: s4-2 HUD-2516: p2 (6)
CONTINUING ................................ 48 CONTRACT................................ 1427
24 CFR 35: .715; 24 CFR 8: .3 (3); .28 (2);
24 CFR 51: .101;
24 CFR 55: .20;
24 CFR 35: .80 (2); .86 (4); s1.8; s1.10 (2); s1.11 (3);
.88; .90; .92 (6); .125; s1.12 (6);
.725; .1115 (2); HUD-52190-A: p1 (9); p2;
24 CFR 40: .6; HUD-52190-B: p1 (9); p2;
24 CFR 41: .1; .3; HUD-52190-C: p1 (9); p2;
24 CFR 42: .375; HUD-52396: p1 (3);
24 CFR 50: .17 (2); HUD-52481: s1; s2; s3; s5;
24 CFR 55: .12; s9;
24 CFR 87: .100 (5); .105 (8); HUD-52484: p1 (5); p2 (3);
.110 (6); .200; .205 (5); p4 (16); p5;
.300 (3); .605 (3); HUD-52540: p1 (2); p2 (2);
24 CFR 135: .3 (3); .5 (17); p6 (9); p7;
.9; .11; .30 (3); HUD-52825: p2; pii (2);
.32 (2); .36 (5); .38 (8); piii (5);
.40; .72; .74 (2); .76; HUD-52837: pii; piii (5);
.92 (11); HUD-52840A: p1 (4);
24 CFR 902: .3; .7; .43; HUD-52842: p4;
.67; .83; HUD-53001: p2;
24 CFR 941: .102 (4); HUD-53009-A: p1 (2);
.103 (8); .201; .205 (4); HUD-53012A: Intro (4); s1;
.207; .302; .304; s2; s12; s19 (2); s23;
.401 (2); .402 (5); HUD-53012B: Intro (2); Att1;
.403 (8); .602 (2); .606; Att4 (2); Att5 Intro (4);
.610; Att5.1; Att5.2; Att5.3 (7);
24 CFR 943: .115 (3); .140; Att5.4; Att5.5 (2);
.150; Att5.6 (2); Att5.7 (5);
24 CFR 945: .105; Att5.8 (5); Att5.9 (5);
24 CFR 963: .1 (2); .5 (7); Att5.10 (2); Att5.11 (5);
.10 (4); .12 (7); Att5.12 (5); Att5.13 (6);
24 CFR 965: .101 (8); .201; Att5.14 (4);
.205 (3); .215 (4); HUD-5369: Intro; s1 (3); s4;
24 CFR 968: .101; .105 (2); s7 (2); s8 (5); s9 (2);
.112 (2); .120; .135 (16); s10 (7); s11 (2); s12 (6);
.140 (2); .210; .225 (2); HUD-5369-A: s1 (2); s2 (8);
.235; .335; .419 (2); s3 (2); s4 (2); s5 (3);
24 CFR 969: .101; s6; s8; s9; s10 (3);
24 CFR 970: .11 (2); s11 (2); s12;
24 CFR 972: .100; .212; HUD-5369-B: s1; s4; s5 (3);
49 CFR 24: .2 (2); .4; .103; s7 (6); s8;
.404; HUD-5369C: s1 (7); s3 (2);
HUD-2516: p1 (3); p2 (4); s4 (9);
HUD-2530: p1 (4); p3 (3); HUD-5370: T/C (4); s1 (17);
p4; s2 (4); s3 (9); s4 (2);
HUD-50071: p1 (3); s5 (2); s6 (4); s7 (3);
HUD-50072: p2 (5); s8 (8); s9 (9); s10 (2);
HUD-5087: Intro; s11 (9); s12 (3); s13 (3);
HUD-51000: p1 (7); p2 (7); s15 (2); s16 (6); s18 (3);
HUD-51001: p1 (3); p2 (12); s19; s20 (14); s21 (4);
HUD-51002: p1 (9); s23 (7); s25 (3); s26;
HUD-51915: T/C (7); A1.1; s27 (18); s28 (6);
A1.2 (16); A1.3; A2.2; s29 (10); s30 (7); s31 (8);
B1.1; B1.2; B2.1; s32 (5); s33 (4); s34 (4);
C1.4 (8); C1.5; C1.7; s35 (4); s36 (4); s37 (6);
C2.1; C2.2; C2.3 (3); s38; s39 (4); s40 (6);
C2.4 (3); D1.0; D1.1; s41; s42; s43 (3);
D1.2; D1.6 (2); D1.8 (4); s45 (6); s46 (3); s46a (3);
E1.0 (2); E1.1 (2); E1.2; s46b (5); s46c (4); s46e;
E1.3; E1.5; E1.6 (3); s46f (3); s46g; s46h;
E1.7 (5); E1.8; E1.10 (2); s46i (2); s46j (7);
E1.11 (3); E1.12 (6); s47 (2); s47a (2);
HUD-51975-A: Intro (2); s47b (3); s47c (4); s47d;
s1.1 (2); s1.2; s1.3; s47e (3); s47f (2);
s1.5; s1.6 (3); s1.7 (6); s47g (7); s48 (3);

HUD-5370-C: s1 (8); s2 (7); CONTRACT ADJUSTED ................ 1
s3 (3); s4 (6); s5 (4); HUD-5378: p1
s6 (3); s7 (5); s8 (8);
s9 (2); s10 (2); s11 (2); CONTRACT ADJUSTMENTS ........ 3
s12; s13a (5); s13b (4); HUD-51915: T/C; E1.1;
s13c; s14 (3); s17 (2); HUD-51975-A: s1.1
s18 (7); CONTRACT ADMINISTRATION 23
HUD-5372: p1 (4); p2 (12); 24 CFR 902: .43;
HUD-5378: p1 (8); p2 (7); 24 CFR 941: .402 (3);
1378.0 Hbk: Intro (3); T/C; 24 CFR 943: .115 (2);
s1-12; s1-15; s1-17 (2); 24 CFR 968: .235;
s1-29; s2-3; s2-7; HUD-50072: p2 (5);
s3-7 (2); s5-1 (3); HUD-51001: p1 (4);
s5-3 (4); s5-9 (4); s6-3; HUD-51915: T/C; D1.0;
s7-5; s7-10; s7-18; HUD-5378: p1;
s8-43; s8-45; s8-47; 7417.1 Hbk: T/C; s6-27;
s8-83; s8-86; s8-87 (3); s12-2; s12-13
s8-89; s8-137 (2); s8-145; CONTRACT ADMINISTRATION
s8-185; s8-186; s8-188;
s8-231 (2); s8-233; Ap1; SERVICES ........................................ 1
Ap8; Ap20; Ap23; 7417.1 Hbk: s6-27
4910.1 Hbk: s609-5; ApE; CONTRACT ADMINISTRATOR ... 3
7417.1 Hbk: T/C (24); s2-3; 24 CFR 968: .210;
s3-11; s3-14 (4); 7417.1 Hbk: s12-11 (2)
s3-15 (4); s3-16 (8);
s3-17 (2); s3-19 (13);
CONTRACT APPROVAL
s3-33 (3); s3-45; s3-123; THRESHOLD ................................... 1
s3-126; s3-127 (3); s3-129; 24 CFR 941: .205
s3-137 (2); s3-162 (3); CONTRACT AUTHORITY ............. 8
s3-167; s3-171; s3-178 (4); HUD-52540: p1;
s3-179 (6); s4-29 (3); 7417.1 Hbk: s5-3 (2);
s5-3 (6); s5-11; s5-12 (4); s5-12 (3); s5-25; s6-6
s5-14; s5-15 (3); s5-16;
s5-25 (2); s6-2 (4); s6-5;
CONTRACT AWARD ................... 62
24 CFR 135: .32; .92;
s6-6; s6-22 (3); s6-24 (2);
24 CFR 963: .1 (2); .5; .10;
s6-25; s6-27; s6-29;
.12;
s6-30; s6-41 (2);
HUD-52484: p1 (2); p4 (4);
s7-26 (3); s7-34 (2);
HUD-52651-A: p7;
s7-35; s7-36 (4); s7-72;
HUD-52825: pii; piii (2);
s7-73 (3); s7-82 (2);
HUD-5369: Intro; s8 (2);
s7-115; s7-122; s7-123;
HUD-5369-A: s1 (2); s12;
s7-125; s8-4; s9-15 (2);
HUD-5369-B: s7;
s9-65 (3); s10-3 (5);
HUD-5369C: s3;
s10-4; s10-13 (3);
7417.1 Hbk: T/C (5);
s10-26 (3); s10-27 (4);
s6-24 (2); s7-72; s10-63;
s10-28 (5); s10-29 (12);
s10-102; s11-2 (5); s11-3;
s10-43; s10-52; s10-53 (3);
s11-11; s11-16 (3);
s10-63 (2); s10-82;
s11-17 (12); s11-18 (3);
s10-86 (3); s10-102 (3);
s11-28 (2)
s10-103; s10-104; s10-112;
s10-132 (3); c11; CONTRACT AWARD DOCUMENT1
s11-1 (3); s11-2 (8); 7417.1 Hbk: s11-17
s11-3 (8); s11-11; CONTRACT AWARD DOCUMENTS
s11-12 (2); s11-14;
s11-15 (2); s11-16 (6); ......................................................... 22
s11-17 (16); s11-18 (18); HUD-52651-A: p7;
s11-26; s11-27 (3); 7417.1 Hbk: T/C (2);
s11-28 (16); s11-29; s6-24 (2); s11-2 (5);
s12-1 (5); s12-2 (4); s11-11; s11-16; s11-17 (10)
s12-11 (10); s12-12 (11); CONTRACT AWARD METHOD ... 2
s12-13 (7) 24 CFR 963: .1 (2)
CONTRACT'' .................................... 1 CONTRACT AWARDED ................ 7
24 CFR 135: .5 24 CFR 87: .105;
24 CFR 963: .5; CONTRACT MODIFICATIONS ......8
HUD-52825: p2; piii (2); 24 CFR 968: .135;
HUD-52842: p4; HUD-52837: pii; piii (2);
HUD-5369: s12 HUD-5370: T/C; s3; s28 (2)
CONTRACT AWARDS ....................5 CONTRACT MODIFIED ..................2
24 CFR 55: .12; HUD-5370: s8; s30
24 CFR 135: .40;
24 CFR 963: .10; .12; CONTRACT OF SALE ...................91
24 CFR 968: .135 24 CFR 941: .102 (2);
.103 (2); .207; .403 (3);
CONTRACT COMPLETION DATE 2 24 CFR 970: .11;
HUD-5378: p2 (2) HUD-2530: p1;
CONTRACT COMPLIANCE ...........4 HUD-52484: p5;
HUD-5369C: s3; HUD-52651-A: p6 (9);
7417.1 Hbk: s3-45; s11-18; 1378.0 Hbk: s5-1; s5-9 (3);
s11-28 s8-86; s8-87 (2);
CONTRACT COST ...........................1 7417.1 Hbk: T/C (3); s3-16;
HUD-5370: s29 s3-126; s3-127 (2); s3-162;
s3-178 (2); s3-179 (3);
CONTRACT ENFORCEMENT ........1 s4-29; s6-2 (2); s6-30;
7417.1 Hbk: s12-13 s6-41 (2); s9-15 (2);
CONTRACT EXCEEDS ...................1 s10-3 (2); s10-4; s10-13;
24 CFR 135: .3 s10-26; s10-28 (4); s10-43;
CONTRACT EXCEEDS $2,000 .......1 s10-53 (3); s10-63; s10-82;
HUD-5370: s46 s10-102; s10-104;
s10-132 (3); s11-1 (2);
CONTRACT EXECUTED ................3 s11-2; s11-3 (2); s11-26;
24 CFR 965: .101; s11-27 (3); s11-28 (9);
1378.0 Hbk: Intro; s5-3 s11-29; s12-1 (2); s12-11;
CONTRACT EXECUTION ..............8 s12-13
HUD-5370: s5; CONTRACT OF
HUD-5378: p1;
7417.1 Hbk: s10-26; c11; SALE/CONSTRUCTION ..................1
s11-18 (2); s11-28; s12-12 HUD-52484: p4
CONTRACT EXECUTION DATE ...4 CONTRACT OF SALE/CONTRACT1
7417.1 Hbk: s10-27 (2); HUD-52484: p1
s10-103; s10-112 CONTRACT OF SALE CONFERENCE
CONTRACT EXECUTION DATE ...5 ..........................................................11
7417.1 Hbk: s10-27 (2); HUD-52651-A: p6 (4);
s10-103; s10-112; s11-17 7417.1 Hbk: T/C; s10-28;
CONTRACT FOR SERVICES ..........1 s10-43; s10-132; s11-1;
24 CFR 943: .140 s11-27 (2)
CONTRACT FORM ..........................1 CONTRACT OF SALE EXECUTION
HUD-5370-C: s1 DATE .................................................1
CONTRACT FORMS ........................4 7417.1 Hbk: s11-28
24 CFR 941: .205; CONTRACT OPPORTUNITIES ......1
7417.1 Hbk: s3-11; s7-36 (2) 24 CFR 135: .76
CONTRACT LABOR ........................3 CONTRACT PAYMENTS ..............13
24 CFR 968: .112; HUD-51000: p1 (3); p2 (2);
HUD-52825: pii; HUD-51003: p1 (2);
HUD-52837: piii HUD-5369-A: s2;
CONTRACT MANAGEMENT ........1 HUD-5369C: s1;
24 CFR 902: .83 HUD-5370: s34;
HUD-5372: p1;
CONTRACT MODIFICATION ........1 7417.1 Hbk: T/C (2)
HUD-5370: s28
CONTRACT PERIOD .......................5
CONTRACT HUD-5370: T/C; s25;
MODIFICATION/AMENDMENT ...2 7417.1 Hbk: s12-12 (3)
HUD-51915: E1.2; CONTRACT PRICE ........................19
HUD-51975-A: s1.2 24 CFR 135: .92;

24 CFR 968: .135 (2); HUD-5370: s13; s46j (2);
HUD-53012B: Att5.12; Att5.13; s47g (2)
HUD-5369: s10 (3); CONTRACT WORK HOURS
HUD-5370: s8; s20; s21;
s27 (3); STANDARDS ACT .......................... 5
HUD-5370-C: s9; HUD-53012B: Att5 Intro;
HUD-5372: p1; p2 (3) Att5.8 (2); Att5.9; Att5.11
CONTRACT RENT .......................... 1 CONTRACT WORK ITEMS ........... 1
1378.0 Hbk: Ap8 24 CFR 135: .92
CONTRACT REQUIREMENT ........ 1 CONTRACTED ................................ 5
HUD-5370: s20 24 CFR 135: .92;
24 CFR 902: .7; .68;
CONTRACT REQUIREMENTS .... 13 HUD-53012A: s11;
24 CFR 963: .12; HUD-53012B: Att6.11
HUD-5370: s9 (2); s11 (4);
s20 (3); s23 (2); CONTRACTING .......................... 221
7417.1 Hbk: s12-2 24 CFR 135: .3 (3); .9 (3);
.11; .30 (2); .32;
CONTRACT REQUIRES ................. 1 .36 (2); .74; .92 (17);
HUD-5370: s9 24 CFR 941: .102;
CONTRACT RIGHTS ...................... 3 24 CFR 943: .150;
HUD-53012B: Att5 Intro; 24 CFR 963: .1; .12;
Att5.12; 24 CFR 964: .320 (3);
7417.1 Hbk: s11-3 24 CFR 965: .308 (2);
CONTRACT SERVICES .................. 1 24 CFR 968: .135; .205 (2);
7417.1 Hbk: s3-19 .235;
HUD-2516: p2;
CONTRACT SETTLEMENT ........... 2 HUD-2530: p1;
24 CFR 941: .403; HUD-51001: p2 (2);
7417.1 Hbk: T/C HUD-51915: T/C; E1.11;
CONTRACT SETTLEMENT'' ......... 1 E1.12;
24 CFR 941: .602 HUD-51975-A: s1.11; s1.12;
CONTRACT SETTLEMENT REPORT HUD-53012A: s11;
HUD-53012B: Att5.8;
........................................................... 1 HUD-5369: s7 (2); s12 (2);
7417.1 Hbk: T/C HUD-5369-A: s2; s11;
CONTRACT TO PURCHASE ......... 5 HUD-5369-B: s9;
24 CFR 35: .80; .88; .90; HUD-5369C: s1; s3;
49 CFR 24: .2; HUD-5370: T/C; s1 (5);
1378.0 Hbk: s3-7 s2 (5); s3 (4); s4; s5;
s6 (12); s8 (4); s9 (13);
CONTRACT WORK ...................... 18 s10 (3); s11 (8); s12 (2);
24 CFR 941: .403;
s13 (2); s15 (2); s16 (3);
24 CFR 968: .135;
s17 (4); s18; s20 (7);
HUD-51000: p2;
s21 (2); s23; s25;
HUD-51001: p1; p2 (2);
s27 (13); s28 (3); s29 (8);
s30 (5); s31 (7); s32 (6);
Att5.8; Att5.14;
s34 (3); s35 (2); s36 (2);
HUD-5369-A: s4 (2);
s37; s39 (2); s40; s44;
HUD-5370: s36; s46c; s46j;
s46c (2); s46j; s47b (2);
s47c; s47g;
s47c; s47g;
HUD-5370-C: s8;
HUD-5370-C: s8 (2); s14 (2);
7417.1 Hbk: s10-13
s17;
CONTRACT WORK HOURS ........ 11 HUD-5378: p1; p2;
HUD-53012B: Att5 Intro; 7417.1 Hbk: s1-3 (2); s3-19;
Att5.8 (2); Att5.9; s3-79; s6-2; s12-11 (3)
Att5.10; Att5.11;
HUD-5370: s13; s46j (2);
CONTRACTING ACTIVITY........... 1
HUD-2516: p2
s47g (2)
CONTRACT WORK HOURS ........ 11 CONTRACTING OFFICE ................ 1
HUD-5370: s17
Att5.8 (2); Att5.9; CONTRACTING OFFICER ......... 143
Att5.10; Att5.11; HUD-51001: p2 (2);
HUD-5369: s7; HUD-52484: p4 (3);
HUD-5369-A: s2; s11; HUD-53012A: s5;
HUD-5369C: s3; HUD-53012B: Att5.6;
HUD-5370: s1 (5); s2 (5); Att5.7 (5); Att5.8 (7);
s3 (3); s4; s5; s6 (12); Att5.9 (5); Att5.10 (4);
s8 (4); s9 (13); s10 (3); Att5.12; Att5.13 (7);
s11 (6); s12 (2); s13 (2); Att5.14;
s15 (2); s16 (3); s17 (3); HUD-5369: Intro; s4;
s18; s20 (6); s21 (2); s12 (5);
s23; s25; s27 (13); HUD-5369-B: s5 (3);
s28 (3); s29 (8); s30 (4); HUD-5369C: s4 (6);
s31 (4); s32 (6); s34 (3); HUD-5370: s1 (6); s2 (16);
s35 (2); s36 (2); s39 (2); s3; s4 (3); s5 (4);
s44; s46c (2); s47b (2); s6 (11); s7 (5); s8 (6);
s47c; s9 (12); s10 (4); s11 (10);
HUD-5370-C: s8 (2); s14 (2); s12 (5); s13 (10); s14;
s17; s15 (5); s16 (12); s17 (8);
HUD-5378: p2; s18 (4); s19; s20 (17);
7417.1 Hbk: s12-11 (2) s21 (4); s22; s23 (12);
CONTRACTING OFFICER] ............1 s24; s25; s27 (21); s28;
HUD-5369: s7 s29 (13); s30 (3); s31 (5);
s32 (9); s33 (3); s34 (6);
CONTRACTING OFFICER'S ...........9 s35 (2); s36 (10); s37 (5);
HUD-5370: s3; s11 (2); s20; s38; s39 (17); s40 (7);
s30; s31 (2); s43 (2); s44 (5); s45;
HUD-5378: p1; s46a (9); s46b (6);
7417.1 Hbk: s12-11 s46c (9); s46d (4); s46e;
CONTRACTING OFFICIAL ............1 s46f; s46h; s46i;
HUD-5369-B: s9 s46j (7); s46k (2); s47a;
CONTRACTING PROCEDURES ....1 s47b (6); s47c (8); s47d;
24 CFR 135: .92 s47e; s47f; s47g (7);
s47h (2); s48;
CONTRACTING REQUIREMENTS1 HUD-5370-C: s1 (2); s2 (3);
24 CFR 968: .135 s3 (6); s4 (10); s5 (2);
CONTRACTO ...................................1 s6 (3); s7; s8 (6);
HUD-5370: s46b s9 (5); s10; s14 (17);
s16 (2); s17 (3); s18 (5);
CONTRACTOR'S RECORDS ..........3 HUD-5372: p2 (2);
HUD-5370: T/C; s45;
1378.0 Hbk: s1-15; s2-7;
HUD-5370-C: s7
s7-5; s8-35; s8-43;
CONTRACTOR .............................654 7417.1 Hbk: T/C (3); s3-16;
24 CFR 50: .32 (2); s3-33 (12); s3-41;
24 CFR 70: .5; s6-2 (2); s6-41 (2); s6-43;
24 CFR 135: .3; .5 (4); s6-44 (3); s7-54 (2);
.30 (2); .32 (2); .34; s7-92; s7-95; s9-15 (2);
.36; .38 (7); .40 (2); s10-24; s10-29 (2);
.70 (3); .72 (2); .74 (11); s10-103; s11-18 (10);
.76 (3); .92 (5); s11-28; s12-1 (2);
24 CFR 902: .7; .68; s12-2 (5); s12-11 (7);
24 CFR 941: .102; .103; s12-12 (2); s12-13
.205 (2); .403 (3);
.606 (2);
CONTRACTOR/SUBCONTRACTOR
24 CFR 963: .12 (2); ..........................................................10
24 CFR 965: .101; .215 (5); HUD-2516: p1; p2 (5);
24 CFR 968: .112; .135 (2); HUD-51001: p1 (4)
HUD-2516: p1 (2); p2 (13); CONTRACTOR ERROR ..................1
HUD-2530: p3 (2); 24 CFR 902: .68
HUD-51000: p1 (3); p2 (2);
HUD-51001: p1; p2 (7); CONTRACTOR IDENTIFICATION 3
HUD-51002: p1 (9); HUD-2516: p2 (3)
HUD-51915: A1.2 (3); E1.6; CONTRACTOR INSURANCE .........2
E1.12 (7); 7417.1 Hbk: T/C; s3-33
HUD-51975-A: s1.6; s1.12 (7);

CONTRACTOR INSURANCE s34 (2); s39; s45 (2);
s46d; s46i;
REQUIREMENTS ............................ 1 HUD-5370-C: s7 (2); s8 (2);
7417.1 Hbk: s12-2 s9; s14; s16 (2); s18;
CONTRACTOR NOTIFICATION ... 1 HUD-5372: p1; p2 (3);
7417.1 Hbk: s11-18 7417.1 Hbk: s3-33 (3); s6-27;
CONTRACTOR PAYROLL............. 1 s10-27; s11-16; s11-18 (2);
7417.1 Hbk: T/C s12-12 (2)
CONTRACTOR REPRESENTATIVE CONTRACTOR'S/ ............................ 1
HUD-2516: p2
........................................................... 2 CONTRACTS ............................... 246
24 CFR 135: .92 (2)
24 CFR 8: .3 (2);
CONTRACTORS ............................ 89 24 CFR 35: .135; .1115 (2);
24 CFR 58: .22; 24 CFR 58: .77;
24 CFR 87: .105; 24 CFR 87: .605 (2);
24 CFR 135: .3 (4); .5; .11; 24 CFR 135: .5 (3); .11 (2);
.30 (6); .32 (4); .34; .30 (5); .32 (2); .36 (2);
.36 (2); .72 (2); .74; .38 (3); .40 (2); .72 (2);
.92 (3); .74 (2); .92 (8);
24 CFR 941: .205 (2); 24 CFR 902: .71; .83;
24 CFR 964: .320; 24 CFR 941: .205 (6);
24 CFR 965: .101 (3); .501 (4); .602 (2);
24 CFR 968: .110 (2); .610 (4);
HUD-51002: p1; 24 CFR 943: .150;
HUD-51915: E1.6; E1.7 (3); 24 CFR 963: .3 (3); .10 (2);
HUD-51975-A: s1.6; s1.7 (3); .12;
HUD-53012A: s12; s19 (2); 24 CFR 965: .101; .205;
HUD-53012B: Att5 Intro; .308 (2);
Att5.13; Att5.17; 24 CFR 968: .110 (2); .135;
HUD-5369: s4; .335 (5);
HUD-5369-B: s5; 24 CFR 969: .102;
HUD-5370: s4; s27 (2); 24 CFR 970: .2;
s40 (2); s46c; 49 CFR 24: .403;
HUD-5370-C: s13a; s17 (2); HUD-2516: p2 (7);
s18; HUD-50071: p1 (2);
HUD-5378: p1 (2); p2 (3); HUD-51915: T/C (2); E1.12;
1378.0 Hbk: s3-2; E1.14 (2); E1.17;
4910.1 Hbk: ApB (3); ApH (2); HUD-51975-A: s1.7 (3); s1.12;
ApI; s1.4 (2); s1.7;
7417.1 Hbk: s3-31 (2); HUD-52190-A: p1 (6);
s3-33 (3); s3-47; s3-48; HUD-52481: s9;
s3-61 (2); s6-39; s6-41; HUD-52484: p4;
s10-29; s11-12 (2); s11-18 HUD-52651-A: p2;
CONTRACTORS' ............................. 3 HUD-52820: p1 (4);
HUD-52427: p1 (2); HUD-53012A: s12 (3); s19 (2);
HUD-53012B: Att5.17 HUD-53012B: Att5 Intro (2);
Att5.1 (2); Att5.3 (8);
CONTRACTOR'S ........................... 92 Att5.4 (3); Att5.12 (2);
24 CFR 135: .5; .36;
Att5.14; Att5.16;
.38 (2); .70; .74;
HUD-5369: Intro (3); s4; s9;
.92 (4);
s10 (2); s11; s12 (5);
HUD-2516: p2 (4);
HUD-5369-A: s1; s2; s3;
HUD-51003: p1;
s5; s9 (3); s10; s11;
HUD-51915: A1.2; E1.12 (2);
s12;
HUD-51975-A: s1.12 (2);
HUD-5369-B: s5;
HUD-52651-A: p8;
HUD-5369C: s3 (2);
HUD-5369: s12;
HUD-5370: T/C; s4 (2); s18;
HUD-5369C: s4 (2);
s39 (2); s40; s46b;
HUD-5370: T/C (2); s2 (4);
s46i (2); s47;
s3 (4); s6; s8 (2);
HUD-5370-C: s14 (2); s17;
s9 (2); s11 (2); s13;
s18 (2);
s20; s23 (7); s27 (3);
HUD-5372: p1; p2 (2);
s29 (2); s32 (4); s33 (3);
1378.0 Hbk: s3-7; s8-47; s8-197; s8-217; s8-225;
s8-72 (2); s8-122 (2); s8-235;
Ap20; 7417.1 Hbk: s3-15; s3-129;
7417.1 Hbk: T/C (2); s1-3; s12-11
s1-5; s2-6; s3-4; CONTRACTUAL AGREEMENT ....1
s3-11 (2); s3-12; HUD-51975-A: s1.7
s3-14 (6); s3-15 (2);
s3-16 (3); s3-17 (2); CONTRACTUAL AGREEMENTS ..1
s3-19 (4); s3-41; s3-45; HUD-51975-A: s1.7
s3-46; s3-47; s3-61; CONTRACTUAL ARRANGEMENT2
s4-29 (2); s6-2; s6-4 (2); 24 CFR 941: .600; .604
s7-26 (2); s7-32; CONTRACTUAL BASIS ..................1
s7-36 (3); s10-26; s10-27; 24 CFR 969: .101
s10-29 (5); s11-1; s11-3;
s11-12; s11-16; s11-18 (3) CONTRACTUAL OBLIGATION ..28
24 CFR 941: .207;
CONTRACTS'' ...................................3 24 CFR 968: .108;
24 CFR 135: .5 (2); 24 CFR 970: .5;
24 CFR 941: .602 49 CFR 24: .4;
CONTRACTS/SUBCONTRACTS ...3 1378.0 Hbk: s1-29; s7-18;
HUD-2516: p2 (3) s8-7; s8-27; s8-38;
CONTRACTS AWARDED ...............5 s8-50; s8-59; s8-67;
24 CFR 135: .5; .30; s8-78; s8-89; s8-99;
24 CFR 963: .10; .12; s8-106; s8-117; s8-127;
HUD-5369: s10 s8-137; s8-149; s8-155;
s8-176; s8-188; s8-197;
CONTRACTS OF SALE ...................3 s8-217; s8-225; s8-235;
24 CFR 941: .501; 7417.1 Hbk: s3-129
1378.0 Hbk: Ap20;
7417.1 Hbk: s3-14 CONTRACTUAL OBLIGATIONS ..4
24 CFR 902: .83;
CONTRACTS OVER $2,000 ............1 HUD-2530: p3; p4;
24 CFR 968: .110 HUD-53012B: Att4
CONTRACTUAL ............................67 CONTRACTUAL RIGHTS ...............1
24 CFR 135: .38; 7417.1 Hbk: s12-11
24 CFR 902: .75; .83;
24 CFR 905: .120; CONTRACTUALLY .........................2
24 CFR 941: .207; .600; 24 CFR 135: .40;
.604; HUD-52835: p1
24 CFR 945: .205 (2); CONTRACTURAL ...........................1
24 CFR 968: .108; .305; 24 CFR 41: .1
24 CFR 969: .101; CONTRADICTION ...........................2
24 CFR 970: .5; 24 CFR 968: .320; .325
49 CFR 24: .2; .4;
HUD-2530: p3; p4; CONTRADICTS ................................1
HUD-51915: E1.8; E1.12; 24 CFR 972: .239
HUD-51975-A: s1.7 (2); s1.8; CONTRARY ....................................14
s1.12; 24 CFR 58: .72;
HUD-51971: p1; p2; 24 CFR 135: .30;
HUD-52651-A: p1; HUD-53012A: s12;
HUD-53012A: s12; HUD-5369-A: s1 (4);
HUD-53012B: Att3; Att4 (2); HUD-5369C: s3 (4);
Att5.12; HUD-5370: s23;
HUD-5369-A: s4 (2); 1378.0 Hbk: s1-8; s8-146
HUD-5370: s1; s32; s37;
s40; s46a;
CONTRIBUTE...................................9
24 CFR 902: .75;
HUD-5370-C: s8; s18;
24 CFR 941: .304;
1378.0 Hbk: s1-8; s1-29;
49 CFR 24: .2 (2); .304;
s7-18; s8-7; s8-27;
.404;
s8-38; s8-50; s8-59;
1378.0 Hbk: s4-5 (2);
s8-67; s8-78; s8-89;
7417.1 Hbk: s7-98
s8-99; s8-106; s8-117;
s8-127; s8-137; s8-149; CONTRIBUTE MATERIALLY........5
s8-155; s8-176; s8-188; 49 CFR 24: .2 (2); .304;

1378.0 Hbk: s4-5 (2) HUD-52840A: p1 (3);
CONTRIBUTED ............................... 4 HUD-53001: p2;
49 CFR 24: .2; .306; HUD-53009-A: p1 (2);
1378.0 Hbk: s4-5 (2) HUD-53012A: Intro (4); s1;
s2 (2); s3; s17 (2); s23;
CONTRIBUTED MATERIALLY .... 2 HUD-53012B: Intro (2);
49 CFR 24: .306; Att1 (4); Att2 (8);
1378.0 Hbk: s4-5 Att4 (2); Att5.10;
CONTRIBUTES................................ 5 Att6 Intro (5); Att6.5 (17);
24 CFR 902: .5; .24; Att6.6; Att6.7 (3);
49 CFR 24: .105; Att6.8 (2); Att6.9 (5);
1378.0 Hbk: s5-5; Ap20 Att6.11 (2); Att6.12 (6);
CONTRIBUTING ............................. 8 HUD-5369: s1 (2); s46a (2);
24 CFR 35: .115; s46c;
24 CFR 51: .103; 1378.0 Hbk: s7-21; s8-137 (2);
49 CFR 24: .2 (2); .603; 7417.1 Hbk: T/C (2); s1-1;
1378.0 Hbk: s1-6; s1-10; s2-3; s2-6; s3-135 (3);
4910.1 Hbk: ApK s3-136 (2); s3-137 (3);
s3-162; s3-167; s5-15 (3);
CONTRIBUTION ........................... 96 s6-29; s7-34 (2); s7-115
24 CFR 51: .103; .106;
24 CFR 70: .2; CONTRIBUTIVE.............................. 1
24 CFR 902: .24; 1378.0 Hbk: Ap20
24 CFR 963: .5; CONTRIBUTORS ............................ 1
24 CFR 969: .103 (2); 24 CFR 51: .106
24 CFR 970: .11; CONTRIBUTORY ............................ 1
49 CFR 24: .2; 1378.0 Hbk: s5-5
HUD-52481: s3 (3); Att;
HUD-52484: p1; CONTROL .................................... 238
HUD-53012B: Att4; Att6.2 (2); 24 CFR 8: .3; .21; .24;
Att6.5 (47); Att6.6 (8); .25; .27;
Att6.7; Att6.8 (5); 24 CFR 35: .86; .88; .90;
Att6.9 (7); Att6.12; .92; .94; .106 (2);
1378.0 Hbk: s1-6 (4); s1-8; .110 (2); .130; .140 (2);
s1-14; Ap20; .145; .1115; .1310;
7417.1 Hbk: s5-12; s7-99 (2) .1320; .1330 (21); .1340;
.1345; .1355 (3);
CONTRIBUTION DATE ................. 1 24 CFR 42: .305;
HUD-53012B: Att6.9 24 CFR 50: .4 (2); .19;
CONTRIBUTION OF LABOR ........ 1 24 CFR 51: .4; .100 (3);
24 CFR 70: .2 .101; .301;
CONTRIBUTIONS ....................... 168 24 CFR 55: .12;
24 CFR 58: .1; 24 CFR 58: .34; .77;
24 CFR 135: .5; 24 CFR 135: .76; .90;
24 CFR 902: .3; .67; 24 CFR 902: .25 (3); .35;
24 CFR 941: .103 (2); .302; .63 (2); .75;
.602; 24 CFR 905: .120;
24 CFR 943: .115; 24 CFR 941: .207; .303;
24 CFR 945: .105; .304; .610;
24 CFR 963: .3; .5; 24 CFR 943: .148;
24 CFR 965: .201; .205; 24 CFR 945: .103 (2); .203;
24 CFR 968: .105; .112 (2); .205;
24 CFR 969: .101; .103; 24 CFR 963: .5 (2);
24 CFR 970: .2; 24 CFR 965: .508;
24 CFR 972: .100; .212; 24 CFR 968: .108; .112;
HUD-52190-A: p1 (9); p2; .235 (3); .310; .315 (2);
HUD-52190-B: p1 (9); p2; .320; .325 (2); .330;
HUD-52190-C: p1 (9); p2; .335; .422; .428;
HUD-52427: p1; 24 CFR 970: .8; .11; .13;
HUD-52481: s1; s2; s3 (2); .14;
s5; s9; Att (2); 24 CFR 971: .7;
HUD-52484: p1; 49 CFR 24: .103; .208; .306;
HUD-52540: p2; .403; .603;
HUD-2516: p1;
HUD-2530: p2; p4; HUD-51975-A: s1.7;
HUD-50072: p1 (2); p2; HUD-51971: p2 (2);
HUD-5087: s12; HUD-52396: p1 (2);
HUD-51000: p1 (5); HUD-52484: p4;
HUD-51915: A2.1; HUD-52651-A: p1;
HUD-51975-A: s1.7; HUD-52825: pi;
HUD-51971: p2 (2); HUD-52832: p2;
HUD-52396: p1 (3); p4 (2); HUD-52834: p5;
HUD-52651-A: p1; p2 (2); HUD-52836: p1;
p7 (3); HUD-52837: pi;
HUD-52825: pi; piii (6); HUD-52842: p3;
HUD-52832: p2; HUD-53001: p1;
HUD-52834: p5; HUD-5370: s47c;
HUD-52836: p1; HUD-5372: p1 (2);
HUD-52837: pi; piii (6); HUD-92264: p8;
HUD-52842: p3; 7417.1 Hbk: s11-12
HUD-53001: p1; CONTROL OF NOISE ......................1
HUD-53012A: s17; 24 CFR 51: .100
HUD-5369: s12;
HUD-5369-A: s2; s7; s10; CONTROL OF THE SITE ...............11
HUD-5369C: s2; 24 CFR 42: .305;
HUD-5370: s18; s20; s32 (2); 24 CFR 941: .303; .304;
s47c; .610;
HUD-5372: p1 (3); p8; 1378.0 Hbk: s1-8; s7-7;
1378.0 Hbk: s1-8 (3); s3-7; s8-3; s8-23; s8-152;
s4-5; s5-3; s6-2 (3); s8-164; s8-173
s7-7; s8-3; s8-23; CONTROL PURPOSES ....................1
s8-43 (2); s8-74 (3); 7417.1 Hbk: s11-12
s8-124 (3); s8-152; s8-164; CONTROL RECORD ........................2
s8-173; Ap1; Ap19; 7417.1 Hbk: s4-22; s11-12
Ap20 (2);
4910.1 Hbk: c3; s302-2; CONTROL SYSTEMS ......................1
s507-1; s611-1; Idx (2); 7417.1 Hbk: s3-149
ApA; ApE (4); CONTROLLED ...............................23
7417.1 Hbk: T/C (4); s1-5 (4); 24 CFR 35: .1330;
s2-1; s3-100; s3-113; 24 CFR 943: .142 (2); .150;
s3-148; s3-149; s3-161; .151 (2);
s3-163; s3-165; s4-22 (3); 24 CFR 945: .203;
s6-25 (2); s7-4; s7-35 (2); 24 CFR 963: .5 (2);
s8-8; s9-16; s10-23; 24 CFR 965: .205 (2);
s10-24; s10-30; s11-12 (3) HUD-2516: p2;
CONTROL EQUIPMENT .................2 HUD-50070: p1;
7417.1 Hbk: s3-148; s10-23 HUD-53012A: s19;
HUD-53012B: Att5.16;
CONTROL LOG ................................1 HUD-5369-A: s7 (2);
7417.1 Hbk: s4-22 HUD-5369C: s2;
CONTROL NUMBER .....................56 HUD-5370: s23;
24 CFR 8: .21; .24; .25; 4910.1 Hbk: s615-2;
24 CFR 35: .88; .90; .92; s615-3 (2); ApF
.94; .106 (2); CONTROLLED'' ................................1
24 CFR 135: .76; .90; 24 CFR 963: .5
24 CFR 941: .207;
24 CFR 945: .203; .205; CONTROLLED BY .........................14
24 CFR 968: .108; .310; 24 CFR 943: .142; .150;
.315; .320; .325; .330; .151 (2);
.335; .422; .428; 24 CFR 945: .203;
24 CFR 970: .8; .11; .13; 24 CFR 963: .5 (2);
.14; 24 CFR 965: .205 (2);
24 CFR 971: .7; HUD-2516: p2;
49 CFR 24: .208; HUD-53012A: s19;
HUD-2516: p1; HUD-5369-A: s7 (2);
HUD-2530: p4; HUD-5369C: s2
HUD-50072: p1 (6); CONTROLLED BY THE PHA .........3

24 CFR 943: .151 (2); 4910.1 Hbk: s100-2; s201;
24 CFR 945: .203 s204-2 (2); s300-1; s305;
CONTROLLED SUBSIDIARY ....... 1 7417.1 Hbk: s3-74; s3-135
24 CFR 943: .142 CONVENIENTLY ............................ 1
CONTROLLED SUBSTANCE ........ 1 4910.1 Hbk: s100-2
HUD-50070: p1 CONVENTIONAL........................ 137
CONTROLLER ................................. 1 24 CFR 35: .115;
HUD-2516: p2 24 CFR 51: .106; .208;
24 CFR 941: .102 (3); .103;
CONTROLLING ............................. 12 .207 (2); .401;
24 CFR 35: .1355 (2); 24 CFR 970: .11;
24 CFR 965: .205; 49 CFR 24: .401; .501; .505;
1378.0 Hbk: s1-15; s7-5; .603 (4);
s8-4; s8-24; s8-43; HUD-2530: p1;
s8-44; s8-75; HUD-51971: p3 (2);
7417.1 Hbk: s1-5; s10-15 HUD-52484: p5 (5);
CONTROLS .................................... 94 HUD-52540: p2 (2);
24 CFR 35: .86; .100; HUD-52651-A: p1; p2 (2);
.110 (4); .115 (2); p6 (5); p7 (2); p8;
.120 (3); .155; .165 (5); 1378.0 Hbk: s1-12; s3-3;
.320; .325 (2); .620 (5); s3-8; s8-81; s8-85;
.715 (8); .730; .820 (14); s8-86; s8-101; s8-103;
.830; .915; .930 (2); 7417.1 Hbk: T/C (5);
.1120 (4); .1130 (2); s3-16 (3); s3-18; s3-19;
.1225; .1330 (12); .1340; s3-31; s3-33; s3-61;
.1355 (5); s3-79; s3-95; s3-113;
24 CFR 55: .25 (2); s3-121; s3-125; s3-126;
24 CFR 902: .43 (2); .75; s3-149 (2); s3-162 (4);
24 CFR 965: .205; s3-178; s3-204; s4-14;
HUD-2530: p3; s4-28; s5-14; s5-24;
HUD-50072: p2; s6-2 (3); s6-3 (2);
HUD-5087: s15; s6-4 (2); s6-5; s6-24 (2);
HUD-52820: p1 (4); s6-25; s6-30; s7-99;
4910.1 Hbk: s100-2; c100-3; s7-102; s7-122; s8-1;
7417.1 Hbk: s10-23 (2) s9-1; s9-12; s9-13;
CONTROVERSIAL .......................... 1 s9-15; s9-16; s9-82;
24 CFR 51: .106 s10-1; s10-3 (2); s10-4;
s10-12; s10-13; s10-26;
CONTROVERSY.............................. 2 s10-27 (3); s10-29 (2);
24 CFR 58: .46; .59 s10-43; s10-52 (2);
CONVALESCENT HOMES ............ 1 s10-63 (2); s10-82;
24 CFR 55: .2 s10-84 (2); s10-112;
s10-132 (2); s11-1 (2);
CONVECTORS ................................ 1 s11-2 (3); s11-3 (2);
HUD-5087: s15
s11-11; s12-1 (2); s12-11;
CONVENIENCE ............................. 17 s12-12 (2); s12-13
HUD-51915: D1.6 (2); E1.9;
HUD-51975-A: s1.9;
CONVENTIONAL BID DOCUMENTS
HUD-5369C: s4; ........................................................... 7
HUD-5370: T/C; s30; s32; 7417.1 Hbk: T/C (3); s10-3;
s34; s10-29; s10-52; s10-84
HUD-5370-C: s4 (4); s8; CONVENTIONAL DWELLING ..... 1
4910.1 Hbk: s100-2; ApI; ApK 49 CFR 24: .603
CONVENIENCE OF THE HA ......... 3 CONVENTIONAL DWELLINGS ... 2
HUD-5370-C: s4 (2); s8 49 CFR 24: .501; .603
CONVENIENCE OUTLET .............. 1 CONVENTIONAL FUELS .............. 2
4910.1 Hbk: s100-2 24 CFR 51: .106;
CONVENIENT ............................... 10 7417.1 Hbk: s3-95
HUD-5370: s20; CONVENTIONAL METHOD ....... 29
1378.0 Hbk: Ap20; 24 CFR 941: .102;
HUD-52651-A: p7; p8;
1378.0 Hbk: s8-81; s8-101; .233 (6); .236 (7);
7417.1 Hbk: T/C; s3-16 (2); .239 (10);
s3-19; s3-31; s3-33; 49 CFR 24: .403;
s3-79; s3-121; s4-14; HUD-51994: p8;
s5-24; s6-2 (2); s6-4; 1378.0 Hbk: T/C (2); s1-2;
s6-5; s7-99; s7-102; s1-3; s3-7; s7-1;
s7-122; s9-12; s10-29; s7-7 (2); s7-10; s7-22 (6);
s10-52; s11-1; s11-2 (2); s8-62; s8-72 (2);
s11-3 s8-122 (2); s8-137;
CONVENTIONAL METHOD BIDS 2 s8-150 (2); s8-191;
7417.1 Hbk: T/C; s11-3 Ex7-1 (4); Ap25; Ap26;
4910.1 Hbk: Front; T/C;
CONVENTIONAL PROJECT ..........2 s100-2; Idx; ApG (4)
HUD-52484: p5;
7417.1 Hbk: s3-162 CONVERSION COSTS .....................1
24 CFR 968: .112
CONVENTIONAL PROJECTS ......16
HUD-52484: p5 (3); CONVERSION OF BEDROOM .......1
7417.1 Hbk: T/C; s3-18; 24 CFR 970: .2
s9-15; s9-82; s10-27 (2); CONVERSION OF BEDROOM SIZE1
s10-63; s10-84; s10-112; 24 CFR 970: .2
s10-132; s12-11; s12-12; CONVERSION OF RENTAL
s12-13
ASSISTANCE ....................................1
CONVENTIONAL SYSTEM............1 1378.0 Hbk: s3-7
7417.1 Hbk: s3-149
CONVERSION OF UNIT .................1
CONVENTIONAL UNITS................1 24 CFR 905: .10
24 CFR 970: .11
CONVERSION OF UNIT SIZES ......1
CONVENTIONALLY .......................1 24 CFR 905: .10
HUD-92264: p1
CONVERSION OF UNITS ...............3
CONVERSATIONAL .......................3 24 CFR 905: .10;
HUD-52651-A: p8; 24 CFR 968: .103 (2)
HUD-5378: p2;
7417.1 Hbk: s6-26 CONVERSION OF UNITS--.............1
24 CFR 968: .103
CONVERSATIONAL GROUPINGS2
HUD-52651-A: p8; CONVERSION PLAN .....................69
7417.1 Hbk: s6-26 24 CFR 971: .9; .13 (2);
24 CFR 972: .100; .106;
CONVERSELY .................................2 .109 (6); .130 (6);
HUD-5370-C: s13e; .133 (8); .139 (3);
1378.0 Hbk: s8-146 .209 (3); .212 (5); .221;
CONVERSION ..............................247 .227 (7); .230 (9);
24 CFR 42: .305 (3); .375 (3); .233 (3); .236 (6);
24 CFR 51: .101; .201; .239 (7)
24 CFR 55: .12; CONVERSION PLAN AFTER .........1
24 CFR 135: .5; 24 CFR 972: .109
24 CFR 902: .7;
24 CFR 905: .10 (2); CONVERSION PLAN AS.................1
24 CFR 965: .402 (2); 24 CFR 972: .136
.404 (4); .405 (3); CONVERSION PLANS ....................5
24 CFR 968: .101; .103 (9); 24 CFR 971: .9;
.112 (3); 24 CFR 972: .127; .136;
24 CFR 970: .2 (2); .224; .233
24 CFR 971: .9 (2); .13 (2); CONVERSION UNITS .....................3
24 CFR 972: .100; .103; 4910.1 Hbk: Front; T/C; ApG
.106 (2); .109 (8); .112;
.115; .118; .121 (2); CONVERSIONS ..............................14
.124 (3); .127; .130 (16); 24 CFR 35: .100 (2); .630;
.133 (8); .136 (3); 24 CFR 51: .106;
.139 (11); .200 (2); 24 CFR 965: .404;
.206 (5); .209 (7); 24 CFR 972: .115; .124 (2);
.212 (6); .215; .218 (9); .136 (2); .139; .218 (2);
.221 (9); .224 (12); .230
.227 (7); .230 (26);

CONVERT ...................................... 15 CONVEYED ................................... 13
24 CFR 50: .3; .42; 24 CFR 968: .101 (3);
24 CFR 58: .37; .102 (5); .103 (2);
24 CFR 968: .315; 24 CFR 970: .2;
24 CFR 972: .106; .109; HUD-51971: p1;
.209 (2); .212; .218; 1378.0 Hbk: s8-202
.221 (2); .224; .233; CONVEYING ................................. 10
4910.1 Hbk: ApG 49 CFR 24: .106;
CONVERTED ................................. 24 HUD-5087: s14;
24 CFR 35: .630; HUD-52190-A: p1 (6);
24 CFR 42: .375 (3); 1378.0 Hbk: s5-6; s6-3
24 CFR 968: .103 (7); CONVEYS ........................................ 1
24 CFR 972: .106; .112; 49 CFR 24: .2
.118; .124; .130; .139;
.215; .224; CONVICTED .................................... 5
HUD-5370: s31; HUD-2530: p1; p4;
1378.0 Hbk: s7-1; s7-10; HUD-50070: p1 (3)
s8-96; s8-147 CONVICTION ................................ 19
CONVERTED SIZE ......................... 1 HUD-2530: p1; p4;
24 CFR 968: .103 HUD-50070: p1 (6);
HUD-51001: p2;
CONVERTED UNITS ...................... 1 HUD-51002: p1 (3);
24 CFR 968: .103 HUD-51971: p2;
CONVERTING ................................. 6 HUD-52427: p1;
24 CFR 51: .201; HUD-52484: p3; p4;
24 CFR 968: .112; HUD-52651-A: p5;
24 CFR 972: .206; .218; HUD-53001: p1;
1378.0 Hbk: Ap20; HUD-92264: p8
7417.1 Hbk: s3-148 CONVICTIONS ................................ 1
CONVEY ........................................ 15 HUD-2530: p4
24 CFR 969: .104; CONVINCING EVIDENCE ............. 1
HUD-51971: p1 (8); 1378.0 Hbk: s1-8
HUD-52481: s5;
HUD-53012A: s8; s17; COOKING ......................................... 9
1378.0 Hbk: s8-83; 24 CFR 965: .505;
4910.1 Hbk: ApK; HUD-51994: p1; p5;
7417.1 Hbk: s3-123 HUD-92264: p3 (2);
1378.0 Hbk: s1-26;
CONVEYANCE.............................. 37 4910.1 Hbk: ApA (2);
24 CFR 35: .820 (2); 7417.1 Hbk: s3-137
24 CFR 55: .22 (2);
24 CFR 968: .102 (2); COOKING UTENSILS ..................... 1
24 CFR 970: .2 (2); .3; .5; 7417.1 Hbk: s3-137
49 CFR 24: .2; .401; COOLING ....................................... 18
HUD-52190-A: p1 (12); 24 CFR 941: .304; .606;
HUD-52832: p2; HUD-5087: s15;
HUD-53012A: s17; HUD-51994: p2 (3); p7;
HUD-53012B: Att6.13 (2); 4910.1 Hbk: s607-1 (3); ApB;
1378.0 Hbk: s1-15; s3-3; ApE; ApI (2); ApK;
s8-113; Ap20 (6) 7417.1 Hbk: s10-23 (3)
CONVEYANCE INSTRUMENTS... 2 COOLING CAPACITY .................... 1
49 CFR 24: .401; 7417.1 Hbk: s10-23
1378.0 Hbk: s3-3 COOLING DATA ............................. 1
CONVEYANCE OF TITLE ............. 6 4910.1 Hbk: s607-1
24 CFR 968: .102; COOLING TOWER .......................... 2
HUD-52190-A: p1 (3); HUD-5087: s15;
HUD-53012A: s17; 7417.1 Hbk: s10-23
HUD-53012B: Att6.13
CONVEYANCE OR OTHER COOLING UNITS ............................ 1
7417.1 Hbk: s10-23
TRANSFER ....................................... 1 COOPERATE.................................... 7
24 CFR 970: .3 24 CFR 58: .14;
24 CFR 135: .72; 24 CFR 87: .100 (5); .105 (7);
24 CFR 968: .315; .110 (3); .200; .205 (4);
HUD-52481: s5; .300 (2); .605 (5);
HUD-52835: p1; 24 CFR 135: .5 (3);
HUD-5370: s4; 24 CFR 902: .43;
HUD-5370-C: s17 24 CFR 943: .100;
COOPERATING ................................6 24 CFR 968: .105;
24 CFR 50: .22; 24 CFR 970: .13 (24);
24 CFR 58: .14 (2); .52; 49 CFR 24: .2 (2); .101 (3);
24 CFR 135: .32; HUD-2530: p3;
49 CFR 24: .205 HUD-50071: p1 (4);
HUD-50072: p3;
COOPERATING AGENCIES ...........2 HUD-51915: E1.11 (3);
24 CFR 50: .22; HUD-51975-A: s1.11 (3);
49 CFR 24: .205 HUD-5370: s43 (3);
COOPERATING AGENCY ..............2 HUD-5370-C: s13a (5);
24 CFR 58: .14; .52 s13b (4); s13c;
COOPERATION ..............................80 1378.0 Hbk: s1-9; s3-7;
24 CFR 51: .100; s7-16 (3); s7-22 (2);
24 CFR 55: .3; s8-122; s8-191; Ex7-1 (2);
24 CFR 87: .105; Ap20; Ap25; Ap26;
24 CFR 135: .72 (2); 7417.1 Hbk: T/C; s3-113
24 CFR 941: .103; .201 (5); COOPERATIVE AND
.602; .610 (3); COLLABORATIVE ..........................1
24 CFR 968: .101; .112; 24 CFR 968: .105
24 CFR 970: .11;
HUD-52481: p1 (3); s8; COOPERATIVE ARRANGEMENTS1
Att (9); 24 CFR 943: .100
HUD-52835: p1 (2); COOPERATIVE HOUSING .............1
HUD-53012A: Intro; s2 (2); 1378.0 Hbk: s8-122
s6 (3); COOPERATIVE HOUSING PROJECT
HUD-53012B: Att2;
1378.0 Hbk: s2-2; s8-150 (2); ............................................................5
7417.1 Hbk: T/C (2); s1-3; 49 CFR 24: .2 (2);
s2-2; s2-4 (4); s2-6 (13); 1378.0 Hbk: s1-9; s3-7; Ap20
s2-7 (5); s3-136; s4-12; COOPERATIVE HOUSING
s4-23; s4-29 (2); PROJECTS .........................................2
s5-22 (4); s5-25; s7-33 24 CFR 70: .1;
COOPERATION AGREEMENT ....49 1378.0 Hbk: s8-191
24 CFR 941: .103; .201; COOPERATIVE SYSTEM ...............2
.602; .610 (3); 24 CFR 902: .43;
24 CFR 968: .101; HUD-50072: p3
24 CFR 970: .11;
HUD-52481: p1 (2); s8; COOPERATIVELY ...........................3
Att (7); 24 CFR 35: .86;
HUD-52835: p1 (2); 49 CFR 24: .2;
HUD-53012A: Intro; s2; 1378.0 Hbk: s4-7
s6 (3); COOPERATIVELY OWNED ...........3
HUD-53012B: Att2; 24 CFR 35: .86;
7417.1 Hbk: T/C; s2-4; 49 CFR 24: .2;
s2-6 (11); s2-7 (3); 1378.0 Hbk: s4-7
s3-136; s4-12; s4-23;
s4-29; s5-22 (2); s7-33
COOPERATIVES ..............................4
1378.0 Hbk: s8-122 (2);
COOPERATION AGREEMENTS ....2 7417.1 Hbk: s3-113 (2)
HUD-52481: Att;
7417.1 Hbk: s2-6
COORDINATE ................................11
24 CFR 41: .6;
COOPERATIVE ............................109 24 CFR 902: .43;
24 CFR 35: .135; 24 CFR 968: .315;
24 CFR 42: .350 (3); 49 CFR 24: .603;
24 CFR 70: .1; .5; HUD-5370: s9;
1378.0 Hbk: s8-89;

7417.1 Hbk: s3-129; s4-29; 7417.1 Hbk: s10-17
s6-4; s11-27; s12-2 CORNICES ....................................... 5
COORDINATED .............................. 8 4910.1 Hbk: s403-1 (2); ApK;
24 CFR 58: .14; 7417.1 Hbk: s10-19 (2)
24 CFR 945: .103; CORPORATE ................................. 10
24 CFR 968: .315; 24 CFR 963: .10;
49 CFR 24: .205; .602; HUD-2530: p3;
HUD-52835: p1; HUD-52190-A: p1 (6);
7417.1 Hbk: s3-73; s7-23 HUD-52481: s2; s9
COORDINATES ............................... 1 CORPORATE CHARTER ................ 1
24 CFR 902: .43 24 CFR 963: .10
COORDINATING .......................... 13 CORPORATION ............................. 72
24 CFR 135: .92 (2); 24 CFR 8: .3 (3);
24 CFR 968: .315 (2); 24 CFR 35: .110 (3);
1378.0 Hbk: Ap1; Ap19; 24 CFR 70: .5;
7417.1 Hbk: s1-5; s1-6 (2); 24 CFR 87: .105;
s3-19 (2); s3-47; s10-24 24 CFR 135: .5 (2);
COORDINATING ENTITIES .......... 2 24 CFR 941: .604;
24 CFR 968: .315 (2) 24 CFR 943: .142;
COORDINATION .......................... 27 24 CFR 963: .5 (2);
24 CFR 51: .102 (2); 24 CFR 965: .215;
24 CFR 902: .43; 24 CFR 968: .101; .112;
24 CFR 968: .112; .315 (4); .215;
49 CFR 24: .8 (2); .205 (2); 24 CFR 970: .13 (24);
.603; 49 CFR 24: .2 (2); .208;
HUD-51915: C1.3; HUD-2530: p3 (4); p4;
HUD-5370: s9; HUD-53012A: s19 (3);
1378.0 Hbk: s1-32 (2); HUD-53012B: Att2; Att5.6;
s2-2 (2); s8-72; HUD-5369: s12;
7417.1 Hbk: s1-5; s3-19; HUD-5369-A: s1;
s3-73; s3-100; s6-4 (2); HUD-5370: s22;
s10-29 HUD-5370-C: s11; s13a;
1378.0 Hbk: s1-4; s1-11;
COORDINATION CLAUSES .......... 1 s1-19; Ap9; Ap20;
7417.1 Hbk: s10-29 4910.1 Hbk: ApA;
COORDINATOR .............................. 2 7417.1 Hbk: T/C; s3-113 (5)
24 CFR 135: .92; CORPORATIONS .......................... 27
24 CFR 968: .210 24 CFR 35: .86 (5);
COORDINATORS ............................ 1 24 CFR 58: .2;
1378.0 Hbk: Intro 24 CFR 87: .105;
COP ................................................... 1 24 CFR 135: .92 (2);
1378.0 Hbk: s3-2 24 CFR 902: .5;
24 CFR 945: .203;
COPELAND ACT ............................. 7 24 CFR 963: .10;
Att5.8; Att5.11; HUD-2530: p1; p3 (3); p4;
HUD-5370: s46a; s46e; s47a; HUD-5369: s12;
s47d HUD-5369-A: s8;
COPELAND REGULATIONS ......... 2 HUD-5370-C: s13a;
HUD-53012B: Att5.8 (2) 1378.0 Hbk: s8-122 (3);
7417.1 Hbk: s3-113 (3)
COPINGS .......................................... 2
HUD-5087: s4; s7 CORPORATION'S ............................ 1
7417.1 Hbk: s3-113
CORE CREW .................................... 4
HUD-5369: s12 (4) CORRECT ....................................... 65
24 CFR 35: .110 (2);
CORE CREW POSITIONS .............. 1 24 CFR 135: .74;
HUD-5369: s12
24 CFR 902: .7; .26;
CORK BOARD ................................. 1 .67 (2); .68 (2); .73 (9);
4910.1 Hbk: ApC 24 CFR 941: .501;
CORNER UNITS .............................. 1 24 CFR 968: .104; .112;
.305; .315 (2); .335 (2);
HUD-2530: p1; p4; HUD-52540: p1; p2 (2);
HUD-51001: p2 (2); HUD-53012B: Att5.14 (3);
HUD-51915: A1.2; HUD-5370: s27;
HUD-52651-A: p5; HUD-5370-C: s9;
HUD-52832: p2; 4910.1 Hbk: s301-1;
HUD-53012A: s11; 7417.1 Hbk: s12-11
HUD-53012B: Att5.10 (2); CORRECTION OF DEFICIENCIES 3
HUD-5370: s20 (3); s23 (2); 24 CFR 902: .68; .73;
s46c (2); s47c (2); 7417.1 Hbk: s12-11
HUD-92264: p8;
1378.0 Hbk: Intro (4); CORRECTION OF EACH
s1-29 (3); s8-191 (2); DEFICIENCY ....................................1
Ap20 (2); 24 CFR 902: .73
7417.1 Hbk: s2-7; s3-204; CORRECTIONS ..............................17
s4-21; s8-42; s9-15; 24 CFR 902: .51;
s11-17; s12-12 (2) 49 CFR 24: .104;
CORRECT A DEFICIENCY .............3 HUD-5370-C: s9 (3);
24 CFR 902: .73 (3) 1378.0 Hbk: s5-4; Ap19;
CORRECT DEFICIENCIES..............6 7417.1 Hbk: T/C; s3-179;
24 CFR 902: .7; .73 (3); s7-4 (2); s9-5 (2);
24 CFR 968: .305; s10-4 (2); s11-15; s12-11
1378.0 Hbk: s1-29 CORRECTIVE .................................84
CORRECT EACH DEFICIENCY .....1 24 CFR 58: .53; .77;
24 CFR 902: .73 24 CFR 902: .53; .79;
24 CFR 905: .10;
CORRECT EMERGENCY 24 CFR 941: .501 (14);
CONDITIONS ...................................2 24 CFR 965: .405;
24 CFR 968: .315; 24 CFR 968: .103 (2); .135;
HUD-52832: p2 .145; .240; .325 (3);
CORRECT MANAGEMENT .335 (17); .425 (15); .428;
49 CFR 24: .4 (3); .603;
DEFICIENCIES .................................1 HUD-52651-A: p7;
24 CFR 968: .112 HUD-52840A: p1;
CORRECT THE CONDITIONS .......2 HUD-5370: s13 (5);
24 CFR 968: .104; .315 1378.0 Hbk: T/C; s1-29 (4);
CORRECT THE DEFICIENCIES .....3 s8-149; s8-235;
24 CFR 135: .74; 4910.1 Hbk: s203-2; ApK;
24 CFR 941: .501; 7417.1 Hbk: s3-167; s3-204;
24 CFR 968: .335 s5-23
CORRECTED ..................................22 CORRECTIVE ACTION .................67
24 CFR 35: .1335; 24 CFR 58: .53;
24 CFR 135: .74; 24 CFR 902: .79;
24 CFR 902: .25; .26 (4); 24 CFR 905: .10;
.68 (6); .69; 24 CFR 941: .501 (12);
24 CFR 968: .205; 24 CFR 968: .103 (2); .135;
HUD-50072: p2 (2); .325 (3); .335 (14);
HUD-5370: s21; .425 (15);
HUD-5370-C: s9; 49 CFR 24: .4 (3); .603;
7417.1 Hbk: s9-102; s12-12 (2) HUD-52840A: p1;
HUD-5370: s13 (5);
CORRECTED PHYSICAL 1378.0 Hbk: T/C; s1-29 (4);
CONDITION SCORE ........................1 7417.1 Hbk: s3-204; s5-23
24 CFR 902: .68 CORRECTIVE ACTION ORDER ..14
CORRECTING ..................................7 24 CFR 941: .501 (3);
24 CFR 35: .1335; 24 CFR 968: .135; .325 (3);
HUD-50072: p2 (6) .335 (3); .425 (3);
HUD-52840A: p1
CORRECTION ................................21
24 CFR 35: .1355 (2); CORRECTIVE ACTION ORDERED2
24 CFR 902: .24; .25; .26; 24 CFR 941: .501;
.68; .73 (3); 24 CFR 968: .335
24 CFR 968: .102; .112; CORRECTIVE ACTIONS ..............12

24 CFR 58: .77; 4910.1 Hbk: Idx
24 CFR 902: .53; CORROSION RESISTANCE ........... 1
24 CFR 941: .501 (2); 4910.1 Hbk: s609-3
24 CFR 968: .145; .240;
.335 (3); .428; CORROSION-RESISTANT ............. 1
HUD-52651-A: p7; 4910.1 Hbk: s403-1
7417.1 Hbk: s3-167 CORROSION-RESISTANT WIRE
CORRECTIVE MAINTENANCE .... 1 MESH ................................................ 1
24 CFR 965: .405 4910.1 Hbk: s403-1
CORRECTIVE WORK ..................... 2 COSMETIC ....................................... 2
4910.1 Hbk: s203-2; ApK 24 CFR 8: .3;
CORRECTLY ................................... 2 24 CFR 902: .23
HUD-2530: p4; COSMETIC APPEARANCE ............ 1
7417.1 Hbk: s3-204 24 CFR 902: .23
CORRECTNESS ............................... 1 COSMETIC DISFIGUREMENT ...... 1
24 CFR 968: .310 24 CFR 8: .3
CORRESPOND ................................. 4 COST ........................................... 1453
HUD-51001: p2; 24 CFR 8: .3 (3); .23 (2);
HUD-51003: p1; .29;
HUD-5370: s16; 24 CFR 35: .630 (2); .915;
1378.0 Hbk: Ap20 .920; .1020; .1125 (3);
CORRESPONDENCE ...................... 2 24 CFR 42: .305; .350 (3);
24 CFR 970: .13; 24 CFR 50: .19 (2); .20 (2);
7417.1 Hbk: s6-44 24 CFR 51: .101;
24 CFR 55: .2 (2); .22; .32;
CORRESPONDING........................ 10 .35 (2);
24 CFR 902: .43; .67; 24 CFR 70: .3 (2); .4;
HUD-51000: p2; 24 CFR 135: .92;
HUD-51003: p1; 24 CFR 902: .26;
HUD-52484: p4; 24 CFR 905: .10 (10);
HUD-52825: pii; 24 CFR 941: .103 (7);
HUD-5370: s46d; .201 (2); .202; .207 (4);
HUD-5372: p2; .302; .304 (4); .306 (26);
HUD-92264: p4; .404 (3); .602 (2);
7417.1 Hbk: s10-12 .606 (6); .608 (2); .610;
CORRESPONDINGLY .................... 1 24 CFR 943: .148 (2);
HUD-53012B: Att5.16 .150 (2);
CORRESPONDS .............................. 6 24 CFR 963: .12 (2);
24 CFR 902: .60; 24 CFR 965: .205; .305 (3);
HUD-52825: pii; .307; .402 (3); .403;
HUD-52832: p2 (2); .406; .407; .506;
HUD-52837: pii; 24 CFR 968: .102; .103 (4);
HUD-52842: p4 .105 (3); .108; .112 (6);
.115; .145; .225 (2);
CORRIDOR ...................................... 8 .305; .310 (2); .315 (15);
49 CFR 24: .2 (2); .320; .325 (3); .428 (2);
1378.0 Hbk: s1-7 (2); 24 CFR 970: .2; .5 (8); .6;
4910.1 Hbk: s100-2 (4) .9 (2); .11;
CORRIDORS .................................... 8 24 CFR 971: .1; .3 (7);
24 CFR 35: .115; .5 (7); .13 (62);
24 CFR 902: .23; 24 CFR 972: .124 (11);
HUD-52651-A: p8; .127 (7); .130; .136;
4910.1 Hbk: s100-2 (4); .218 (8); .221; .224;
7417.1 Hbk: s3-175 49 CFR 24: .1; .302;
CORROBORATED .......................... 1 .303 (11); .305 (2); .307;
24 CFR 51: .208 .401 (9); .402 (3);
.403 (4); .404 (3);
CORROSION .................................... 7 .502 (5); .503 (2);
4910.1 Hbk: Front; s500-1; .505 (6); .603 (4);
s602-1 (3); s609-3; Idx HUD-2530: p1;
CORROSION PROTECTION .......... 1 HUD-5087: Intro (3);
HUD-51004: p1 (2); s8-96 (4); s8-99 (3);
HUD-51915: A1.1; A1.2 (6); s8-103; s8-106 (2); s8-113;
B2.1; C1.4 (4); C1.5; s8-114; s8-117 (2); s8-124;
C2.1; E1.1; E1.2 (3); s8-127; s8-134; s8-137 (3);
HUD-51975-A: s1.1; s1.2 (3); s8-144; s8-145 (2);
HUD-51994: p1 (5); p2 (10); s8-149 (3); s8-155 (2);
p3; p4; p5 (6); p6 (6); s8-164; s8-168 (2); s8-173;
p7 (3); p8 (3); s8-176 (2); s8-185;
HUD-52396: p1 (7); s8-188 (3); s8-194;
HUD-52481: s1; s3 (2); s8-197 (2); s8-214; s8-215;
s5 (3); s8-217; s8-222; s8-225 (2);
HUD-52484: p1 (8); p2 (11); s8-235 (2); Ap1; Ap4;
p3 (3); p4 (12); p5 (8); Ap5 (2); Ap6 (4); Ap7;
HUD-52540: p2 (2); Ap8 (4); Ap19; Ap20 (5);
HUD-52651-A: p1 (3); p5 (6); Ap25 (6); Ap26 (4); Ap28;
p6 (4); p8 (7); 7417.1 Hbk: T/C (33); s1-2;
HUD-52825: p1; pi; pii (10); s1-5 (6); s2-4 (2);
HUD-52832: p1 (3); p2 (8); s3-2 (2); s3-14 (3);
HUD-52833: p1 (2); p2 (5); s3-15 (3); s3-16 (2);
HUD-52834: p3 (4); p4 (4); s3-18 (21); s3-19 (3);
p5; p6 (7); s3-31 (2); s3-32;
HUD-52836: p1 (3); p2 (2); s3-78 (13); s3-79 (2);
pi (6); pii (33); s3-113; s3-123 (2); s3-125;
piii (18); s3-129 (3); s3-132 (2);
HUD-52842: p1 (2); p2 (2); s3-135 (2); s3-136 (10);
p3 (5); p4 (8); s3-137 (7); s3-143 (2);
HUD-53001: p1 (6); p2; s3-145 (2); s3-146 (2);
HUD-53012A: s2; s3-148 (4); s3-149 (10);
HUD-53012B: Att1 (3); Att4; s3-150 (3); s3-164;
Att5 Intro (3); Att5.4; s3-167 (4); s3-172 (4);
Att5.10; Att5.15; s3-173 (7); s3-174;
Att5.16 (19); Att5.17 (22); s3-175 (11); s3-176 (6);
Att6.1 (2); Att6.2 (2); s3-177 (6); s3-178 (8);
Att6.4 (3); Att6.5 (10); s3-179 (15); s4-29;
Att6.7; Att7.1; s5-11 (2); s5-12 (18);
HUD-5369: s8; s5-14 (2); s6-2 (2); s6-4;
HUD-5369-B: s7 (2); s6-5 (2); s6-22; s6-25;
HUD-5370: s3; s6; s7 (2); s6-27 (7); s6-30 (2);
s8; s12; s16; s20 (3); s6-41; s6-42; s6-43 (3);
s27; s29 (5); s30; s6-44 (3); s7-14;
s34 (4); s46c; s7-25 (5); s7-26 (2);
HUD-5370-C: s2; s4; s9; s7-71 (2); s7-74; s7-77;
s13e (2); s7-81 (3); s7-82;
HUD-92264: p1; p2 (3); s7-83 (19); s7-84 (13);
p4 (8); p6 (8); p7 (5); s7-85 (6); s7-98 (7);
p8 (7); s7-99 (6); s7-101 (3);
1378.0 Hbk: Intro; s1-8 (3); s7-102 (2); s7-103 (2);
s1-33; s2-2; s2-4; s7-113 (2); s7-122; s7-125;
s2-5 (2); s3-2 (3); s8-4; s8-8 (3); s8-41;
s3-3 (11); s3-4. (2); s8-43; s8-51 (2);
s3-5 (2); s3-6; s3-8 (8); s8-52 (6); s8-53 (5);
s4-2 (8); s4-4 (3); s8-61; s8-62; s8-65 (7);
s6-2 (3); s7-6; s7-7; s8-71; s8-73; s9-3 (5);
s7-10 (2); s7-16 (5); s8-3; s9-16 (3); s9-33 (2);
s8-7 (2); s8-8 (2); s8-23; s9-61 (2); s9-63; s9-65;
s8-27 (3); s8-34; s9-71 (3); s9-72 (18);
s8-38 (3); s8-43; s9-73 (7); s9-74 (5);
s8-45 (2); s8-49 (2); s9-75 (2); s9-82 (12);
s8-50 (2); s8-53; s9-83 (2); s9-92 (3);
s8-59 (2); s8-64; s9-102 (3); s9-103;
s8-67 (3); s8-72; s8-74; s10-3 (3); s10-26 (2);
s8-78 (3); s8-83 (2); s10-27 (7); s10-28 (2);
s8-85; s8-89 (3); s8-94; s10-43 (2); s10-81 (2);

s10-83 (2); s10-85 (2); COST CONTAINMENT POLICIES 1
s10-86; s10-101 (3); 24 CFR 970: .11
s10-102 (17); s10-103 (8);
s10-104 (5); s10-105 (2); COST DATA ..................................... 3
s10-112 (13); s10-113 (2); 24 CFR 971: .13;
s10-123 (3); s10-132 (3); 7417.1 Hbk: s3-176; s7-84
s11-12; s11-14; s11-15 (5); COST DATA BASE.......................... 1
s11-16 (2); s11-17 (8); 7417.1 Hbk: s1-5
s11-27 (2); s11-28 (4) COST DETERMINATIONS............. 2
COST ADJUSTMENT FACTOR ... 14 24 CFR 50: .19;
7417.1 Hbk: T/C; s3-178 (3); 24 CFR 968: .315
s3-179 (2); s7-83 (2); COST DIFFERENCES ..................... 2
s9-72 (2); s9-74; 7417.1 Hbk: s9-82; s10-112
s10-102 (2); s10-104
COST ALLOWABILITY ................. 2 COST EFFECTIVE ......................... 11
24 CFR 965: .307; .402;
HUD-5370-C: s13e (2) .406;
COST ALLOWED ............................ 1 24 CFR 972: .130;
7417.1 Hbk: s3-175 49 CFR 24: .1; .404 (2);
COST AMORTIZED ........................ 1 1378.0 Hbk: s3-6;
24 CFR 971: .13 7417.1 Hbk: s3-149; s7-74;
s9-102
COST ANALYSES ........................... 1
7417.1 Hbk: s3-78 COST EFFICIENT ............................ 2
7417.1 Hbk: s7-26; s9-63
COST ANALYSIS ............................ 3
24 CFR 972: .218 (2); .224 COST ESTIMATE .......................... 17
24 CFR 963: .12 (2);
COST ANALYST ............................. 2 24 CFR 968: .315 (2);
7417.1 Hbk: s3-18; s11-17 HUD-5087: Intro;
COST ANALYSTS ........................... 1 HUD-52484: p5;
7417.1 Hbk: s3-18 7417.1 Hbk: s3-18 (4);
COST BRANCH REVIEW ............. 13 s6-27 (5); s8-65; s10-27
7417.1 Hbk: T/C (4); s7-77; COST ESTIMATES ........................ 28
s7-81; s8-43; s8-51; 24 CFR 968: .305;
s8-52; s9-65; s9-71; 24 CFR 971: .13;
s10-86; s10-101 HUD-51915: A1.2 (2);
COST BRANCH REVIEWS ............ 2 HUD-52484: p2;
7417.1 Hbk: s8-61; s8-71 7417.1 Hbk: T/C; s3-18 (2);
s6-27; s7-25; s7-84 (2);
COST BREAKDOWN ...................... 2 s7-113; s8-4; s8-8 (2);
7417.1 Hbk: s10-27; s10-103 s8-52; s8-53; s8-65;
COST CALIBRATION ..................... 2 s9-73; s9-82 (2);
24 CFR 905: .10 (2) s10-27 (2); s10-103;
COST CHIEF .................................. 19 s10-112 (3)
7417.1 Hbk: s1-5 (2); COST ESTIMATING ....................... 3
s3-18 (2); s5-11; s5-12; HUD-51915: A1.1;
s5-14; s7-71 (2); s8-41; 7417.1 Hbk: s3-18; s11-14
s8-52; s8-53 (2); s8-62; COST ESTIMATION ....................... 4
s9-61 (2); s10-26; HUD-92264: p7; p8;
s10-81 (2) 7417.1 Hbk: s9-73; s10-103
COST COMPARISON ...................... 3 COST ESTIMATOR ......................... 7
24 CFR 35: .1125; 7417.1 Hbk: s3-18 (6); s11-27
24 CFR 971: .13 (2)
COST ESTIMATORS ....................... 4
COST COMPARISONS ................... 2 7417.1 Hbk: T/C; s3-18 (3)
24 CFR 972: .124; .218
COST FOR REVITALIZATION ...... 1
COST CONTAINMENT................... 2 24 CFR 971: .13
24 CFR 965: .205;
24 CFR 970: .11 COST GUIDELINE VALUE ............ 1
24 CFR 971: .13
COST CONTAINMENT MEASURES
COST GUIDELINE VALUE ............ 1
........................................................... 1 24 CFR 971: .13
24 CFR 965: .205
COST INCREASES ...........................4 1378.0 Hbk: s1-8; s2-4;
HUD-52825: pii (3); s3-2; s3-3; s3-8;
7417.1 Hbk: s3-176 s4-2 (3); s4-4; s8-3;
s8-23; s8-34; s8-43;
COST INDEX ..................................12 s8-53; s8-64; s8-74;
24 CFR 905: .10 (8); s8-85; s8-94; s8-103;
24 CFR 941: .306 (4) s8-113; s8-114; s8-124;
COST INDEX OF REHABILITATING s8-134; s8-144; s8-164;
PROPERTY .......................................7 s8-173; s8-185; s8-194;
24 CFR 905: .10 (7) s8-214; s8-215; s8-222;
Ap4; Ap7;
COST INDICES .................................2 7417.1 Hbk: s3-125
24 CFR 941: .306 (2)
COST OF NEW CONSTRUCTION..2
COST ITEM .......................................2 24 CFR 941: .304; .606
7417.1 Hbk: s9-92; s10-123
COST OF RECONSTRUCTING.......1
COST LIMITATION .........................5 HUD-53012B: Att6.1
7417.1 Hbk: s7-83; s7-102;
s9-72; s10-102; s10-112 COST OF REDEMPTION .................1
HUD-53012B: Att6.7
COST LIMITATIONS .......................7
24 CFR 941: .602; COST OF REHABILITATING .........4
24 CFR 968: .112; 24 CFR 968: .103 (2); .310;
HUD-51915: A1.2; 1378.0 Hbk: s7-10
7417.1 Hbk: s3-78; s3-167; COST OF REHABILITATION .........6
s6-5; s10-3 24 CFR 35: .915; .920;
COST LIMITS ...................................5 24 CFR 50: .20;
24 CFR 50: .19; 24 CFR 58: .35;
HUD-92264: p7; HUD-92264: p4;
7417.1 Hbk: s3-143; s11-15; 7417.1 Hbk: s6-5
s11-17 COST OF REINSTALLING ..............2
COST OF ACCRUAL PER OCCUPIED 24 CFR 970: .5 (2)
UNIT ..................................................1 COST OF REINSTALLING
24 CFR 971: .13 TELEPHONE .....................................2
COST OF ACQUISITION .................4 24 CFR 970: .5 (2)
24 CFR 941: .304; .606; COST OF RELOCATING .................1
1378.0 Hbk: s8-8; s8-49 1378.0 Hbk: s3-8
COST OF CONVERTING.................1 COST OF RELOCATION .................1
7417.1 Hbk: s3-148 HUD-52484: p2
COST OF DEMOL ............................1 COST OF REMOVING .....................1
HUD-92264: p6 7417.1 Hbk: s7-98
COST OF DEMOLISHING ...............2 COST OF RENT ................................2
24 CFR 971: .13 (2) 1378.0 Hbk: s3-5 (2)
COST OF DEMOLITION .................4 COST OF REPLACEMENT .............2
24 CFR 971: .13 (2); 24 CFR 50: .20;
7417.1 Hbk: s3-78 (2) 24 CFR 58: .35
COST OF LIVING .............................1 COST OF REPRODUCING ..............1
24 CFR 70: .3 7417.1 Hbk: s11-12
COST OF MATERIAL ......................1 COST OF REPRODUCTIONS .........1
7417.1 Hbk: s3-173 HUD-51915: B2.1
COST OF MATERIALS ....................1 COST OF REQUIRED ....................34
HUD-51004: p1 24 CFR 941: .207;
COST OF MODERNIZATION .........2 24 CFR 970: .5;
24 CFR 971: .13 (2) 1378.0 Hbk: s8-7; s8-27 (2);
s8-38 (2); s8-50; s8-59;
COST OF MOVING ........................47 s8-67 (2); s8-78 (2);
24 CFR 941: .207 (2); s8-89 (2); s8-99 (2);
24 CFR 968: .108; s8-106; s8-117; s8-127;
24 CFR 970: .5 (2); s8-137; s8-149 (2); s8-155;
49 CFR 24: .303 (3); .305;
.401; .502; .505 (2);

s8-168; s8-176; s8-188 (2); COST-EFFECTIVE .......................... 7
s8-197; s8-225; s8-235 (2); 24 CFR 965: .301; .305;
7417.1 Hbk: s3-129 (2) 24 CFR 968: .112; .115;
COST OF REQUIRED ASSISTANCE 49 CFR 24: .603;
........................................................... 2 HUD-51994: p2 (2)
24 CFR 941: .207; COST-EFFECTIVE ENERGY
1378.0 Hbk: s8-27 CONSERVATION ............................ 4
COST OF REVITALIZATION ........ 2 24 CFR 965: .301; .305;
24 CFR 971: .5; 24 CFR 968: .112; .115
24 CFR 972: .127 COSTLY............................................ 4
COST OF REVITALIZED................ 1 1378.0 Hbk: s4-4; s7-16;
24 CFR 971: .13 7417.1 Hbk: s3-19; s9-3
COST OF UTILITIES ....................... 8 COSTLY METHOD ......................... 1
24 CFR 42: .350 (2); 1378.0 Hbk: s4-4
49 CFR 24: .402 (2); COST-REIMBURSEMENT ............. 1
1378.0 Hbk: s7-16 (3); s8-145 24 CFR 943: .148
COST OF UTILITY .......................... 8 COST-REIMBURSEMENT BASIS . 1
24 CFR 965: .402; .407; 24 CFR 943: .148
HUD-51994: p1; p2;
1378.0 Hbk: s8-96; Ap6 (2); COSTS ........................................... 821
Ap26 24 CFR 8: .3 (2); .29;
24 CFR 35: .96; .110 (7);
COST OVERRUNS .......................... 4 .725; .915 (5); .920;
24 CFR 968: .325; .925 (3); .1135 (12);
HUD-52837: pii; piii (2) 24 CFR 42: .305 (2); .350 (4);
COST PER MONTH ......................... 1 24 CFR 50: .19 (10);
HUD-51994: p5 24 CFR 55: .20;
COST PER OCCUPIED UNIT ......... 6 24 CFR 58: .23 (3); .34;
24 CFR 971: .13 (6) .35 (8); .59 (2); .75;
24 CFR 70: .5 (3);
COST PER OCCUPIED UNIT MONTH 24 CFR 941: .101 (2);
........................................................... 1 .103 (12); .203; .207 (5);
24 CFR 971: .13 .302 (3); .304 (6);
COST PER UNIT .............................. 6 .306 (17); .606 (3);
24 CFR 971: .13 (4); .612 (4);
HUD-51994: p1; p2 24 CFR 943: .150;
24 CFR 965: .215 (4); .305;
COST PER YEAR ............................. 1 .402 (2); .403 (2);
HUD-51994: p6 24 CFR 968: .102; .103;
COST REASONABLENESS ............ 7 .105 (5); .108 (2);
24 CFR 943: .148 (2); .150; .112 (69); .115; .135;
24 CFR 968: .315 (3); .205; .305 (3); .315 (5);
HUD-52832: p2 .325 (2); .425;
24 CFR 969: .105;
COST REASONABLY ..................... 1 24 CFR 970: .5 (5); .6;
HUD-5370: s29
.8 (3); .9 (3); .10 (2);
COST REVIEW ................................ 1 .14;
7417.1 Hbk: s11-17 24 CFR 971: .3 (4); .5 (3);
COST REVIEWER ........................... 1 .13 (49);
HUD-92264: p8 24 CFR 972: .124 (4);
.127 (3);
COST REVISIONS ........................... 2 49 CFR 24: .2 (5); .101;
7417.1 Hbk: s9-82; s10-112
.102 (2); .106 (4); .204;
COST SAVINGS............................... 2 .205 (2); .301; .303 (3);
24 CFR 965: .305; .304 (2); .305; .307 (5);
24 CFR 968: .102 .401 (11); .403; .404;
COST TO CURE DEFICIENCIES ... 3 .603 (8);
7417.1 Hbk: s7-98 (3) HUD-2516: p2;
HUD-51001: p1 (4);
COST VALUATION ........................ 1 HUD-51915: T/C (4); B2.1 (8);
24 CFR 943: .150
HUD-51994: p2 (5); p3 (5); s3-78 (2); s3-113 (3);
p4 (4); p6 (4); p7; p8; s3-125 (2); s3-129;
HUD-52484: p1 (3); p2 (6); s3-137 (4); s3-145 (2);
p4 (7); p5 (13); s3-147 (2); s3-148 (5);
HUD-52651-A: p1 (2); p4; s3-149 (5); s3-166; s3-167;
p5 (2); p8 (12); s3-171 (3); s3-172; s3-173;
HUD-52825: p1; pii (3); s3-175 (9); s3-176 (2);
HUD-52832: p2 (2); s3-177; s3-178; s3-179 (2);
HUD-52834: p5 (3); p6; s5-11; s5-12; s5-15;
HUD-52837: p1 (2); pi (3); s6-25; s6-26 (2); s6-27;
pii (5); s6-30; s6-41 (2); s6-43;
HUD-52840A: p1 (3); p4; s6-44; s7-75 (2);
HUD-53009-A: p1; s7-83 (2); s7-101; s7-103;
HUD-53012A: s2 (3); s9; s8-65 (2); s9-15; s9-16;
HUD-53012B: Att5.10 (3); s9-72; s9-73; s9-74;
Att5.16 (7); Att6.1; s9-82; s9-83; s9-102 (3);
HUD-5370: s11; s21; s27; s9-103; s10-28; s10-29;
s29 (13); s30; s32; s33; s10-102; s10-103; s10-104;
s34; s45; s46a (3); s10-112; s10-113;
s46c (3); s10-132 (3); s11-12 (2);
HUD-5370-C: s7; s13e (2); s11-15; s11-17 (3);
s16; s11-28 (3)
HUD-92264: p2; p4; p6 (2); COSTS AND OBLIGATIONS ..........5
p8 (2); 24 CFR 970: .9;
1378.0 Hbk: Intro; T/C; HUD-53012B: Att5.16 (4)
s1-6 (3); s1-8 (4);
s1-26 (2); s1-29; s2-2; COSTS BY DEVELOPMENT ..........3
s2-4 (2); s2-5 (2); s2-6; 24 CFR 968: .305 (2); .325
s3-2 (2); s3-3 (8); COSTS OF DEMOLITION ...............3
s3-4. (10); s3-5 (3); s3-8; 24 CFR 941: .304;
s4-2 (3); s4-3; s4-4 (2); 24 CFR 970: .10 (2)
s4-7 (2); s5-2; s5-6 (3); COSTS OF DEMOLITION AND
s6-2 (2); s7-6; s7-7 (2);
s7-9; s7-16 (3); s7-20 (4); RELOCATION ..................................2
s7-21 (3); s7-22 (5); 24 CFR 941: .304;
s8-3 (3); s8-7; s8-8; 24 CFR 970: .10
s8-23 (3); s8-27; COSTS OF DISPOSITION ................3
s8-34 (3); s8-38; 24 CFR 970: .9 (2); .14
s8-43 (3); s8-49; s8-50;
s8-53 (3); s8-59; s8-62;
COSTS OF MODERNIZING ............1
24 CFR 968: .103
s8-64 (3); s8-67;
s8-72 (3); s8-74 (3); COSTS OF MOVING ........................1
s8-78; s8-85 (2); s8-89; 1378.0 Hbk: s4-4
s8-94 (2); s8-96 (2); COSTS PER MONTH .......................1
s8-99; s8-103 (2); s8-106; 24 CFR 971: .13
s8-113; s8-114 (2); s8-117;
s8-122; s8-124 (3);
COSTS PER OCCUPIED UNIT........2
24 CFR 971: .13 (2)
s8-127 (2); s8-134 (3);
s8-137; s8-144; s8-147; COUNCIL ........................................52
s8-149; s8-150 (2); s8-155; 24 CFR 50: .1; .4;
s8-164 (3); s8-168; 24 CFR 55: .2;
s8-173 (3); s8-176; 24 CFR 58: .1;
s8-185 (3); s8-188; s8-194; 24 CFR 87: .105;
s8-197; s8-214; s8-215; 24 CFR 135: .5 (2);
s8-222 (3); s8-225; s8-234; 24 CFR 941: .203;
s8-235; Ex7-1 (5); Ap1 (5); 24 CFR 968: .112;
Ap2 (4); Ap4 (2); Ap5 (4); 24 CFR 970: .13 (23);
Ap6 (2); Ap8 (6); Ap19 (2); 24 CFR 972: .133; .224;
Ap20; Ap23; Ap25 (2); .227;
Ap26 (2); Ap29; HUD-5370-C: s13a;
4910.1 Hbk: s301-1; 1378.0 Hbk: s8-231; s8-233;
7417.1 Hbk: T/C (6); s1-5 (2); s8-235 (5);
s3-75 (2); s3-76 (3);

4910.1 Hbk: ApB (2); ApH (3); Ap1 (2); Ap5; Ap6 (2);
ApK; Ap7; Ap25 (2); Ap26 (2)
7417.1 Hbk: s2-5; s3-93 (2) COUNSELLING ............................... 1
COUNCIL OF GOVERNMENTS .... 2 24 CFR 971: .7
24 CFR 87: .105; COUNSEL'S ...................................... 4
HUD-5370-C: s13a 7417.1 Hbk: s4-23; s7-31;
COUNCILS ..................................... 19 s8-31; s10-51
24 CFR 135: .92 (2); COUNT ........................................... 31
24 CFR 945: .203; 24 CFR 902: .68 (2);
24 CFR 968: .315 (5); 24 CFR 905: .10 (4);
.325 (5); 24 CFR 941: .606 (2); .610;
24 CFR 970: .13; 24 CFR 968: .103 (11);
24 CFR 971: .9; HUD-51915: A1.2;
1378.0 Hbk: T/C; s8-235 (3) HUD-52481: s4;
COUNCIL'S ...................................... 1 HUD-52540: p2;
1378.0 Hbk: s8-231 HUD-52825: pii (2);
COUNCILS/BOARDS ...................... 1 HUD-92264: p7 (4);
24 CFR 968: .315 1378.0 Hbk: s3-2; s8-150
COUNSEL ....................................... 78 COUNTED ...................................... 12
24 CFR 41: .6; 24 CFR 58: .21; .37; .45;
24 CFR 50: .10; .24; 24 CFR 902: .25;
24 CFR 55: .3; 24 CFR 905: .10 (2);
24 CFR 941: .610 (2); 24 CFR 968: .103 (4); .210;
24 CFR 965: .205; HUD-52481: s4
24 CFR 970: .8; COUNTER ........................................ 4
49 CFR 24: .10; .208; HUD-5087: s11;
HUD-51915: C2.4; 4910.1 Hbk: s607-2; s611-1 (2)
HUD-51971: p3; COUNTER TOP ................................ 2
HUD-52190-A: p2 (12); HUD-5087: s11;
1378.0 Hbk: Intro (2); s1-33; 4910.1 Hbk: s611-1
s5-9; Ap20 (2);
7417.1 Hbk: s1-5 (2); COUNTER TOPS ............................. 1
s2-5 (2); s2-6; s2-7 (3); 4910.1 Hbk: s611-1
s3-113 (2); s3-135; COUNTEROFFER ............................ 1
s4-23 (3); s4-28; HUD-5369-B: s7
s4-29 (2); s5-14; COUNTERS ...................................... 3
s5-15 (3); s7-1; s7-23; 24 CFR 8: .3;
s7-32 (3); s7-33; HUD-52651-A: p8;
s7-34 (3); s7-35; s7-36; 7417.1 Hbk: s9-13
s7-115; s7-122; s8-32;
s8-84 (2); s9-42; COUNTERSIGN ............................... 1
s10-29 (2); s10-43; HUD-51915: A1.2
s10-52 (2); s10-53 (2); COUNTIES ....................................... 3
s10-54; s11-17; s11-27 1378.0 Hbk: s8-72 (3)
COUNSELING................................ 43 COUNTING ...................................... 1
24 CFR 50: .19; HUD-53012B: Att2
24 CFR 58: .34;
24 CFR 135: .92;
COUNTRY ........................................ 6
24 CFR 58: .77;
24 CFR 945: .105;
HUD-52651-A: p6;
24 CFR 965: .405;
4910.1 Hbk: ApG; ApH; ApI;
24 CFR 970: .5; .8 (2);
7417.1 Hbk: s3-171
24 CFR 971: .7; .13;
24 CFR 972: .130 (3); COUNTY ........................................ 47
.230 (3); 24 CFR 35: .110;
49 CFR 24: .5; .205; 24 CFR 58: .2 (2);
HUD-50070: p1; 24 CFR 135: .5 (4); .32 (2);
1378.0 Hbk: s2-3; s2-4; .34; .36;
s2-5; s8-8; s8-49; s8-55; 24 CFR 941: .604;
s8-62 (2); s8-113; s8-145; 24 CFR 963: .10;
s8-172; s8-213; s8-233 (2); 24 CFR 968: .305 (5);
24 CFR 970: .3 (5); .8; .11;
HUD-2516: p2; COURT COSTS .................................1
HUD-50070: p1 (2); p2; p3; 24 CFR 35: .96
HUD-52190-A: p2 (3);
HUD-52481: Att (2); COURT OF COMPETENT
HUD-52651-A: p1; p2 (2); p6; JURISDICTION .................................4
p7; 49 CFR 24: .2;
HUD-53012B: Att6.8; HUD-51915: D1.5;
HUD-92264: p1; HUD-5370: s31;
4910.1 Hbk: ApA; HUD-5370-C: s3
7417.1 Hbk: s2-1; s2-2; COURT ORDER ................................5
s3-173; s6-25 24 CFR 902: .7; .67;
COUNTY COMMISSION .................2 HUD-2530: p3;
24 CFR 968: .305; 1378.0 Hbk: s1-8 (2)
24 CFR 970: .3 COURT ORDERED ..........................3
COUNTY EXECUTIVE ....................6 24 CFR 902: .5; .75 (2)
24 CFR 968: .305 (2); COURT ORDERED RECEIVERSHIP
24 CFR 970: .3 (2); .8; .11
AGREEMENT ...................................3
COURIER ..........................................1 24 CFR 902: .5; .75 (2)
HUD-51915: B2.1
COURT ORDERS..............................2
COURSE OF ACTION ......................1 1378.0 Hbk: s2-7;
24 CFR 971: .13 7417.1 Hbk: s4-29
COURSES OF ACTION ....................1 COURT-APPOINTED .......................2
24 CFR 58: .32 24 CFR 905: .10;
COURT ............................................60 24 CFR 968: .103
24 CFR 35: .96 (3); COURT-APPOINTED RECEIVER ..2
24 CFR 58: .13; 24 CFR 905: .10;
24 CFR 902: .5; .7; .67; 24 CFR 968: .103
.75 (2); .77; .83 (4);
49 CFR 24: .2; .102 (4); COURT-ORDERED ..........................1
.107 (2); .401; .402; 24 CFR 968: .315
.603; COURT-ORDERED
HUD-2530: p3;
HUD-51915: D1.5;
DESEGREGATION PLAN ...............1
24 CFR 968: .315
HUD-5370: s31;
HUD-5370-C: s3; COURTS ............................................6
HUD-92264: p3; 24 CFR 58: .13;
1378.0 Hbk: s1-8 (2); 49 CFR 24: .1; .603;
s2-7 (2); s3-3 (2); HUD-5087: s2; s16;
s3-4. (2); s3-5 (2); 1378.0 Hbk: Ap20
s5-2 (4); s5-5; s5-7 (2); COVENANT ....................................14
s5-9; s7-21; Ap19 (3); 24 CFR 8: .50 (4);
Ap20; Ap23 (2); 24 CFR 55: .12; .22;
4910.1 Hbk: ApA; 24 CFR 941: .610;
7417.1 Hbk: s4-23; s4-29 (2); 24 CFR 969: .104;
s8-82 (2) HUD-53012A: Intro (2); s5;
COURT- .............................................1 s7; s8;
24 CFR 968: .103 4910.1 Hbk: ApK
COURT AWARD ..............................8 COVENANT RUNNING WITH THE
49 CFR 24: .102; LAND .................................................2
1378.0 Hbk: s3-3; s3-4.; 24 CFR 8: .50;
s3-5; s5-2; Ap19; 24 CFR 941: .610
Ap23 (2)
COVENANTS ..................................13
COURT AWARD OF 24 CFR 8: .50;
COMPENSATION.............................2 24 CFR 902: .79 (2);
49 CFR 24: .102; HUD-52190-A: p1 (4);
1378.0 Hbk: s5-2 HUD-53012A: s17 (3);
1378.0 Hbk: Ap20;
COURT AWARDS ............................2 7417.1 Hbk: s3-113; s3-146
49 CFR 24: .102;
1378.0 Hbk: s5-2 COVER ............................................64

24 CFR 35: .725; .1135; .34 (4); .36 (3); .40;
.1330; .76 (3); .90 (2); .92 (3);
24 CFR 51: .208; 24 CFR 964: .320 (2)
24 CFR 58: .32; COVERED CLASS MEMBER ........ 1
24 CFR 941: .306; HUD-53012A: s19
24 CFR 943: .120; .128;
24 CFR 968: .305; .325; COVERED HOUSING ..................... 4
49 CFR 24: .4; .205; .305; 24 CFR 135: .3; .30 (2); .34
.404; .603; COVERED PROGRAMS ................. 1
HUD-5087: s2; 24 CFR 135: .9
HUD-51001: p2; COVERING .................................... 51
HUD-52190-A: p1; p2; 24 CFR 35: .110 (3);
HUD-52190-B: p1; p2; .1330 (3); .1335; .1345;
HUD-52190-C: p1; p2; .1355;
HUD-52481: Att; 24 CFR 42: .305;
HUD-52484: p4 (2); p8; 24 CFR 87: .110;
HUD-52834: p5; 24 CFR 941: .302;
HUD-53012B: Att5.13; 24 CFR 968: .305;
HUD-5369-B: s1; s8; 49 CFR 24: .301; .303;
HUD-5370: s20; s27; s36; HUD-5087: s7; s9;
s46a; HUD-52481: s2;
HUD-5372: p1; p2; HUD-53012B: Att2 (3);
1378.0 Hbk: s1-8; s2-7; Att5.3 (3);
s3-2; s3-4.; s4-4; s4-7; HUD-5370: s14; s29;
s7-3; s7-16; s7-21 (2); 1378.0 Hbk: T/C (2); s2-1 (2);
s7-22; s8-47; s8-72; s2-4; s3-2; s3-8; s4-2;
Ex7-1; Ap5; Ap20; Ap25; s7-2; s7-3; s8-43; s8-45;
4910.1 Hbk: Front; ApK (2); s8-142; s8-222 (3); s8-223;
7417.1 Hbk: s3-31; s3-32 (2); Ap19;
s3-33; s4-29; s10-12; 4910.1 Hbk: s607-3; s609-4;
s10-24 s611-1; ApB; ApH; ApI;
COVER SHEET ................................ 4 ApK
HUD-52651-A: p8; COVERINGS .................................. 10
HUD-5369-B: s1; 24 CFR 35: .1330 (6);
7417.1 Hbk: s10-12; s10-24 4910.1 Hbk: c6; s609-4; Idx;
COVER SHEETS .............................. 1 7417.1 Hbk: s10-24
HUD-52651-A: p4 COVERS ......................................... 35
COVERAGE ................................... 82 24 CFR 35: .110;
24 CFR 35: .610; .1135; 24 CFR 55: .1;
.1140 (2); 24 CFR 70: .3;
24 CFR 50: .4 (2); .302; 24 CFR 969: .105;
24 CFR 965: .101; .201; 24 CFR 972: .133; .224;
.205 (7); .215 (11); .227;
24 CFR 968: .104; .112; 49 CFR 24: .603;
49 CFR 24: .603; HUD-52834: p5;
HUD-53012B: Att7.1 (5); HUD-53012A: Intro;
Att7.3; HUD-5370: s27 (2);
HUD-5370: s36 (7); HUD-5378: p2;
1378.0 Hbk: s7-3 (2); 1378.0 Hbk: s1-2; s2-3;
4910.1 Hbk: s609-3 (3); s3-2; s7-16 (2); s7-22;
7417.1 Hbk: s1-5; s3-2; s8-41; s8-72; s8-81;
s3-31 (7); s3-32 (10); s8-91; s8-101; s8-121;
s3-33 (9); s3-49; s8-122; s8-131; s8-141;
s3-113 (3); s6-30; s7-63 s8-211; Ap18b; Ap25;
COVERAGE EXPIRES .................... 1 4910.1 Hbk: Front; s100-2;
7417.1 Hbk: s3-33 7417.1 Hbk: s3-113; s3-121
COVERAGE LIMITS ....................... 1 CPSC ................................................. 3
24 CFR 965: .215 4910.1 Hbk: ApB; ApC; ApH
COVERED ASSISTANCE ............. 39 CPVC ................................................. 1
24 CFR 135: .3 (5); .5 (10); 4910.1 Hbk: ApF
.11; .30; .32 (4); CRACK ............................................. 1
4910.1 Hbk: ApD CREDIT INSTRUMENTS ................2
CRACKING .......................................1 49 CFR 24: .2;
24 CFR 35: .110 1378.0 Hbk: s1-17
CRACKS ............................................1 CREDIT REPORT .............................2
4910.1 Hbk: s609-3 49 CFR 24: .401;
CRAFT ROOMS ................................2 1378.0 Hbk: s3-3
7417.1 Hbk: s3-132; s10-16 CREDIT STATEMENT .....................1
CRATING ..........................................4 7417.1 Hbk: s6-41
49 CFR 24: .301; .303; CREDITED ........................................1
1378.0 Hbk: s3-2; s4-2 24 CFR 70: .5
CRAWL SPACE ................................7 CREDITING ......................................1
HUD-51994: p8; 24 CFR 70: .5
HUD-92264: p1; CREDITOR ........................................2
4910.1 Hbk: s403-1 (3); 49 CFR 24: .207;
Idx (2) 1378.0 Hbk: s2-7
CRAWL SPACES ..............................2 CREDITORS ......................................1
4910.1 Hbk: ApK (2) 24 CFR 941: .610
CRC ....................................................1 CREDITS .........................................26
24 CFR 941: .103 24 CFR 941: .306;
CREDIBLE ........................................3 24 CFR 968: .103 (3);
24 CFR 902: .79; .310 (19);
49 CFR 24: .208; 24 CFR 970: .11 (2);
HUD-5369: s12 1378.0 Hbk: Intro
CREDIBLE EVIDENCE ...................2 CREED ...............................................4
49 CFR 24: .208; 24 CFR 941: .202;
HUD-5369: s12 24 CFR 970: .5;
CREDIT ...........................................77 7417.1 Hbk: s3-42; s3-77
24 CFR 42: .350 (2); CREEKS.............................................1
24 CFR 135: .92; HUD-52651-A: p7
24 CFR 902: .43; CRESOLS ..........................................1
24 CFR 905: .10; 24 CFR 51: .208
24 CFR 968: .135; .310;
24 CFR 970: .11 (2); CREVICED ........................................3
49 CFR 24: .2; .401; .603; 4910.1 Hbk: ApK (3)
HUD-5369: s9; s10 (2); CRIME ELIMINATION ....................1
HUD-5370: s29 (2); HUD-52835: p1
1378.0 Hbk: Intro (2); s1-14; CRIME PREVENTION .....................3
s1-17; s3-2; s3-3; s7-16; 24 CFR 50: .19;
s7-21 (2); Ap25 (2); 24 CFR 58: .34;
Ap26 (2); 24 CFR 902: .43
7417.1 Hbk: T/C (3); s1-5 (3);
s6-4; s6-41; s7-103; CRIME REDUCTION .......................4
s7-111 (2); s7-112 (2); HUD-50072: p4 (4)
s7-113 (3); s7-114; CRIME-RELATED ............................5
s7-115 (3); s7-125 (3); 24 CFR 902: .43;
s9-33; s9-81 (2); s9-83; HUD-50072: p3 (4)
s9-91 (2); s9-92 (2);
s9-103; s10-43; s10-111;
CRIME-RELATED PROBLEMS......5
24 CFR 902: .43;
s10-113; s10-121 (2);
HUD-50072: p3 (4)
s10-122; s10-123 (2);
s10-124 (2); s10-132; CRIMINAL ......................................28
s11-17 (3); s11-27 24 CFR 35: .96;
24 CFR 902: .77 (2); .79 (2);
CREDIT CHECKS .............................9 HUD-2530: p1; p4 (2);
24 CFR 42: .350 (2);
HUD-50070: p1 (4);
1378.0 Hbk: Intro; s3-2;
HUD-51001: p2;
s7-16; Ap25 (2); Ap26 (2)
HUD-51002: p1 (3);
CREDIT DIFFICULTIES ..................1 HUD-51971: p2;
49 CFR 24: .603 HUD-52427: p1;
HUD-52484: p3; p4;

HUD-52651-A: p5; s508-6 (3); s607-1;
HUD-53001: p1; ApD (7); ApE; ApI (2);
HUD-53012A: s17; ApK (6);
HUD-5369-A: s9; 7417.1 Hbk: T/C (2); s3-92;
HUD-5370: s46c; s46i; s47c; s3-94 (2); s3-95;
HUD-92264: p8 s3-147 (2); s3-163 (2);
CRIMINAL BEHAVIOR .................. 2 s3-164 (2); s3-166; s4-14;
24 CFR 902: .79; s4-29; s5-11 (2); s6-23;
HUD-53012A: s17 s6-26; s6-39; s6-43 (4);
s6-44 (6); s7-22 (2);
CRIMINAL PROSECUTION ........... 2 s7-74; s11-12
HUD-5370: s46c; s47c
CRITERIA FOR DEMOLITION ...... 1
CRIMINAL RECORD ...................... 1 24 CFR 970: .7
HUD-2530: p4
CRITERION ...................................... 9
CRIMINAL SANCTIONS ................ 3 24 CFR 970: .7;
24 CFR 35: .96; 7417.1 Hbk: s4-26; s4-27;
24 CFR 902: .77 (2) s6-44 (6)
CRIMINALITY ................................. 1 CRITICAL ....................................... 38
24 CFR 902: .79 24 CFR 55: .1; .2 (5);
CRITERIA ..................................... 167 .11 (5); .12 (2); .20 (8);
24 CFR 8: .3; .21; .22 (2);
24 CFR 41: .4 (3); 24 CFR 902: .24 (2);
24 CFR 42: .305; 24 CFR 968: .315;
24 CFR 50: .4; .10; .16; 4910.1 Hbk: ApK (2);
.17 (2); 7417.1 Hbk: s6-42; s7-71;
24 CFR 51: .1; .3; .101; s7-81; s9-61; s9-71;
.103; .106; .208; s9-81; s10-26; s10-81;
24 CFR 55: .3; s10-101
24 CFR 58: .1; .5 (2); .57; CRITICAL ACTION....................... 14
24 CFR 70: .4; .5; 24 CFR 55: .1; .2 (2); .11;
24 CFR 135: .9 (2); .12; .20 (7); .21; .22
24 CFR 905: .10 (2);
24 CFR 941: .202; .301; CRITICAL ACTIONS .................... 11
.304; .606; 24 CFR 55: .2 (3); .11 (3);
24 CFR 945: .203 (3); .12; .20; .22;
24 CFR 965: .508 (2); 4910.1 Hbk: ApK (2)
.805 (2); CRITICAL ELEMENT ..................... 1
24 CFR 968: .103 (4); 24 CFR 968: .315
.135 (3); .320; CRITICALITY ................................ 12
24 CFR 970: .6 (2); .7 (3); 24 CFR 902: .24 (12)
.8;
24 CFR 971: .13 (2); CRITICALITY LEVEL .................... 1
24 CFR 972: .124; .127; 24 CFR 902: .24
.139 (2); CRITICALITY LEVELS .................. 8
49 CFR 24: .2 (2); .103 (2); 24 CFR 902: .24 (8)
.205; .307; .402; .403; CRITICALITY VALUE ................... 1
.603; 24 CFR 902: .24
HUD-50072: p3 (5); p4 (3);
HUD-51915: A1.2 (3); CROSS REFERENCE....................... 5
HUD-51994: p2; 7417.1 Hbk: s10-15;
HUD-5369: s12; s10-17 (2); s10-21 (2)
HUD-5369-A: s7; CROSS SECTION............................. 6
HUD-5369C: s2; 4910.1 Hbk: s607-3;
HUD-5370: s1; s46a; s47a; 7417.1 Hbk: s4-26 (2);
1378.0 Hbk: T/C; s1-6 (3); s5-23 (2); s10-20
s3-3; s3-4.; s3-7;
s4-5 (2); s4-7; s5-3 (2);
CROSS-REFERENCE ...................... 4
24 CFR 968: .315 (2);
s7-6; s7-22 (2); s8-202;
HUD-52833: p2;
Ex7-1;
7417.1 Hbk: s10-17
4910.1 Hbk: Front (3);
T/C (2); s100-2; s102-1; CROWDED BASEMENT ................ 1
c2 (2); s200; s302-2; 1378.0 Hbk: s3-2
CRUCIAL ..........................................1 HUD-53012A: s17
7417.1 Hbk: s10-63 CURE THE DEFAULT .....................4
CRUDE OIL .......................................2 24 CFR 902: .77 (4)
24 CFR 51: .201; .208 CURING DEFECTS ..........................1
CRUSHED ROCK .............................1 7417.1 Hbk: s3-17
4910.1 Hbk: s603-1 CURRENT ASSETS ..........................1
CUBIC FEET .....................................1 24 CFR 902: .35
4910.1 Hbk: ApB CURRENT CONDITIONS ................1
CULPABILITY ..................................1 7417.1 Hbk: s10-14
24 CFR 87: .400 CURRENT COST ..............................3
CULTURAL.......................................5 24 CFR 8: .3;
24 CFR 50: .4 (2); 24 CFR 971: .13;
24 CFR 58: .5; HUD-52834: p5
7417.1 Hbk: s3-93 (2) CURRENT COST DATA BASE .......1
CULTURE .........................................1 7417.1 Hbk: s1-5
24 CFR 968: .112 CURRENT COST OF
CULVERTS .......................................2 CONSTRUCTION .............................1
HUD-5087: s2; 24 CFR 8: .3
7417.1 Hbk: s10-15 CURRENT COSTS ............................1
CUMENE ...........................................1 24 CFR 971: .13
24 CFR 51: .208 CURRENT DATA .............................2
CUMULATIVE ...............................20 24 CFR 8: .22; .23
24 CFR 50: .42; CURRENT DEVELOPMENT ...........3
24 CFR 58: .32 (2); 24 CFR 971: .13;
24 CFR 87: .110; 7417.1 Hbk: s6-41 (2)
24 CFR 968: .103 (3); .335;
HUD-52825: pi; pii (2); CURRENT DEVELOPMENT
HUD-52837: piii (6); METHOD ...........................................1
HUD-52842: p3; p4; HUD-52484: p5
HUD-5372: p2 CURRENT DEVELOPMENT STATUS
CUMULATIVE BASIS .....................3 ............................................................2
24 CFR 968: .103 (3) 7417.1 Hbk: s6-41 (2)
CUMULATIVE DOLLAR AMOUNT CURRENT DOLLAR ........................1
..........................................................10 24 CFR 971: .13
HUD-52825: pii (2); CURRENT FFY ...............................15
HUD-52837: piii (6); 24 CFR 968: .305 (3); .310;
HUD-52842: p3; p4 .325 (5);
CUMULATIVE EFFECTS ................1 HUD-52834: p5; p6 (2);
24 CFR 58: .32 HUD-52842: p1; p3 (2)
CUMULATIVE ENVIRONMENTAL1 CURRENT FFY AMOUNT ..............1
24 CFR 58: .32 24 CFR 968: .325
CUMULATIVE REMEDIES ............1 CURRENT FFY GRANT ..................3
24 CFR 968: .335 24 CFR 968: .305 (2); .325
CUMULATIVELY ............................1 CURRENT FISCAL YEAR...............1
24 CFR 970: .13 24 CFR 35: .1135
CUPBOARDS ....................................4 CURRENT HAZARDS .....................1
49 CFR 24: .603; 24 CFR 55: .20
HUD-52651-A: p8; CURRENT INCOME ........................1
1378.0 Hbk: s1-6; 1378.0 Hbk: Ap25
7417.1 Hbk: s3-175
CURBS ...............................................9 CURRENT KNOWLEDGE ...............1
1378.0 Hbk: s1-30
24 CFR 58: .35;
HUD-5087: Intro; s2; CURRENT LIABILITIES .................1
HUD-5370: s10; s17 (2); 24 CFR 902: .35
7417.1 Hbk: s10-15 (3) CURRENT LISTING .........................2
CURE PERIOD ..................................1 24 CFR 8: .28;

4910.1 Hbk: Front HUD-50072: p3 (2);
CURRENT NEEDS........................... 4 HUD-52837: pi; pii; piii
24 CFR 968: .315; CURRENT ZONING ORDINANCES3
HUD-52832: p2 (3) 24 CFR 941: .303; .304; .610
CURRENT NEEDS ASSESSMENTS1 CURRENTLY AVAILABLE ........... 5
24 CFR 968: .315 49 CFR 24: .2; .603;
CURRENT NEEDS ASSESSMENTS1 1378.0 Hbk: s1-6;
24 CFR 968: .315 7417.1 Hbk: s3-78; s7-65
CURRENT OCCUPANT .................. 2 CURRENTLY OCCUPIED PROJECT
24 CFR 8: .3; .27 ........................................................... 1
CURRENT OPERATING COSTS ... 2 24 CFR 941: .202
24 CFR 971: .13 (2) CURTAILED .................................... 1
CURRENT OPERATING SUBSIDY1 HUD-53012A: s17
24 CFR 969: .106 CURTAIN WALLS........................... 1
CURRENT PER UNIT COSTS ........ 1 HUD-5087: s8
24 CFR 971: .13 CURTSY ........................................... 1
CURRENT PER-UNIT OPERATING HUD-51971: p1
COST ................................................. 1 CUSTOM .......................................... 4
24 CFR 971: .13 49 CFR 24: .2;
HUD-5369-A: s10;
CURRENT PER-UNIT OPERATING 1378.0 Hbk: s1-9;
COSTS ............................................... 1 4910.1 Hbk: s611-1
24 CFR 971: .13 CUSTOM BUILT .............................. 1
CURRENT PHYSICAL CONDITION 4910.1 Hbk: s611-1
........................................................... 1 CUSTOM BUILT CABINETS ......... 1
24 CFR 970: .13 4910.1 Hbk: s611-1
CURRENT PLANS ........................... 1 CUSTOMARILY .............................. 7
24 CFR 135: .92 49 CFR 24: .2; .306; .401;
CURRENT PREVAILING RATE .... 2 1378.0 Hbk: s1-10; s3-3;
49 CFR 24: .603; s4-5;
1378.0 Hbk: Ap5 7417.1 Hbk: s3-178
CURRENT RATIO ........................... 3 CUSTOMARY .................................. 8
24 CFR 902: .35 (3) 24 CFR 968: .112;
49 CFR 24: .2 (2);
CURRENT RESIDENTS .................. 2 1378.0 Hbk: s1-6; s1-9;
24 CFR 941: .202; 4910.1 Hbk: s203; ApK;
24 CFR 945: .203 7417.1 Hbk: s10-24
CURRENT STATUS ........................ 4 CUSTOMARY USE AND
24 CFR 35: .1355;
HUD-2530: p4; ENJOYMENT ................................... 2
7417.1 Hbk: s5-23; s10-13 4910.1 Hbk: s203; ApK
CURRENT TAX SETTLEMENT .... 1 CUSTOMERS ................................... 1
HUD-52484: p2 24 CFR 55: .2
CURRENT TAX SETTLEMENT .... 1 CYCLOHEXANE ............................. 1
HUD-52484: p2 24 CFR 51: .208
CURRENT TAXES........................... 2
HUD-51971: p1; p2
CURRENT YEAR........................... 13
24 CFR 968: .103 (3); .315;
.325 (2);
HUD-52540: p2 (3);
HUD-52834: p5 (2);
1378.0 Hbk: Ap20;
7417.1 Hbk: s7-64
CURRENT YEAR GRANT .............. 1
HUD-52540: p2
CURRENT YEAR'S .......................... 5

Public Housing Property Management Handbook and Index Vol 1 (A-C) - David Hoicka - 2005 - ISBN 1-59330-196-0

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Public Housing Property Management Handbook and Index Vol 1 (A-C) - David Hoicka - 2005 - ISBN 1-59330-196-0

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HUD’s Affordable Housing Programs

Public Housing Property Management:

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 Copyright (c) 2004 by David Hoicka

No copyright is claimed in any underlying government or public documents.

Table of Contents - Volume 4A

3. How to Use the Comprehensive Index ........................................................ 7

4. Statistics for Words appearing in the Comprehensive Index ...................... 7

5. Annotated Lists of PH Modernization, Development, Maintenance

7. Related Regulations: Code of Federal Regulations (CFRs) ..................... 13

8. Comprehensive Index for HUD Regulations and Documents ................ 429

Table of Contents - Volume 4B

11. Useful Web Sites .................................................................................. 1,181

The goal of this Handbook is to simplify Public Housing modernization and

All of these sources of regulation and management decisions are indexed.

How to Use The Comprehensive Index

Statistics for Words Appearing in this Index

Common Word Frequency Common Word Frequency

HUD Public Housing Property Management:

1. Code of Federal Regulations - Sections Indexed:

2. HUD Handbooks, Manuals and Guidebooks Indexed:

3. HUD Forms Indexed:

4. PIH Notices Indexed (PIH = Public & Indian Housing):

5. Note on Spelling in Source Documents

Codes of Federal Regulations

Summary Table of Contents

Detailed Table of Contents

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2004

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

Subpart C_Program (ii) In the case of historic preservation

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

Subpart B_General Lead-Based Paint

Subpart D_Project-Based Assistance Subpart I_HUD-Owned and

Subpart F_HUD-Owned Single Family Subpart J_Rehabilitation

GPO Revised as of April 1, 2003

Subpart L_Public Housing Programs Authority: 42 U.S.C. 3535(d), 4821,

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

GPO Revised as of April 1, 2003

Sec. 35.625 Multifamily insured Subpart H_Project-Based

GPO Revised as of April 1, 2003