[Federal Register Volume 59, Number 147 (Tuesday, August 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18692]
[[Page Unknown]]
[Federal Register: August 2, 1994]
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Part III
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Parts 905 and 960
Public and Indian Housing Exemption From Eligibility Requirements for
Police Officers and Security Personnel; Final Rule
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
24 CFR Parts 905 and 960
[Docket No. R-94-1643; FR-2972-F-02]
RIN 2577-AA94
Public and Indian Housing Exemption From Eligibility Requirements
for Police Officers and Security Personnel
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule.
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SUMMARY: This regulation implements section 519 of the Cranston-
Gonzalez National Affordable Housing Act (NAHA) by amending 24 CFR
parts 905 and 960 to permit public housing agencies (PHAs) and Indian
housing authorities (IHAs) (hereinafter, both public housing agencies
and Indian housing authorities will be referred to as HAs, unless a
specific reference to a PHA or IHA is applicable) to allow police
officers and other security personnel not otherwise eligible for
occupancy to reside in public or Indian housing dwelling units under a
plan that will increase security for housing residents while minimizing
both the reduction of available public and Indian housing dwelling
units for eligible families and the loss of income to HAs.
EFFECTIVE DATE: September 1, 1994.
FOR FURTHER INFORMATION CONTACT: Regarding public housing: Edward
Whipple, Director, Occupancy Division, Office of Assisted Housing,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, S.W. Room 4206, Washington D.C. 20410,
telephone (202) 708-0744. A telecommunications device for speech and
hearing impaired persons (TDD) is available at (202) 708-0850. (These
are not toll-free telephone numbers.)
Regarding Indian housing: Dominic Nessi, Director, Office of Native
American Programs, Office of Public and Indian Housing, Department of
Housing and Urban Development, 451 Seventh Street, S.W. Room 4140,
Washington D.C. 20410, telephone (202) 708-1015. A telecommunications
device for speech and hearing impaired persons (TDD) is available at
(202) 708-0850. (These are not toll-free telephone numbers.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this final
rule have been approved by the Office of Management and Budget, under
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0185.
I. Background--Proposed Rule
On June 7, 1993 (58 FR 32006), the Department published a proposed
rule that would implement section 519 of the Cranston-Gonzalez National
Affordable Housing Act (NAHA) by amending existing regulations to
permit public housing agencies (PHAs) and Indian housing authorities
(IHAs) to allow police officers and other security personnel not
otherwise eligible for occupancy to reside in public and Indian housing
dwelling units under a plan that will increase security for housing
residents while minimizing both the reduction of available public and
Indian housing dwelling units for eligible families and the loss of
income to housing agencies (HAs).
Under this final rule, eligibility for use of units as provided by
section 519 of the NAHA requires that an HA submit a plan to the
Department that identifies the total number of units under management
by the HA; the specific housing developments, and the number of units
they contain, where the HA intends to place Officers; and the
particular units (stating number of bedrooms) within each development
that would be allocated to Officers. This plan is required by
Secs. 905.308(c)(1)(ii) and 960.505(a)(2) of the rule. Since the
Department intends that each plan will be reviewed and approved by the
local HUD Field Office or Office of Native American Programs,
Secs. 905.308(c)(2) and 960.505(b) of the rule call for submission of
the plan directly to these offices.
Section 519 of the NAHA requires that the Department notify each HA
submitting a plan of HUD's approval or disapproval of the plan not
later than thirty days after the Department receives the plan. This
requirement is set forth in Secs. 905.308(c)(3) and 960.505(c) of the
rule. Plan approval by the Department constitutes granting of the
exemption from eligibility requirements that would otherwise apply.
II. Public Comment
The Department received 11 comments on the proposed rule. The
commenters consisted of housing agencies and one professional
association. All commenters expressed general support for the
Department's proposed implementation of section 519 of NAHA.
The main criticism of the proposed rule focused on loss of income
due to the exclusion of units occupied by police officers from the
Performance Funding System (PFS) formula. The proposed rule stated that
dwelling units allocated to police officers in accordance with this
subpart would be excluded from the total unit months available, as
defined in 24 CFR 905.102 for IHAs and 24 CFR 990.102 for PHAs. For
purposes of the operating subsidy under the PFS, the full amount of any
rent paid by Officers in accordance with this rule is included in other
income, as defined in Secs. 905.102 and 990.102.
To make the most of its resources, the Department has consistently
limited funding under the PFS to units that house low income families.
Units used for other purposes, such as day care facilities or resident
organization offices, are excluded from PFS. The Department currently
permits the payment of operating subsidy for one non-dwelling unit per
development that is used to promote economic self-sufficiency services
or anti-drug programs. Anti-drug activities directly related to ridding
developments of illegal drugs and drug-related activities include
housing police and security officers. HA requests to allow
consideration for the continued payment of operating subsidy for one
unit per housing development used to support these activities may be
submitted to the local HUD Field Office for review and approval.
Operating subsidy for additional sites per housing development can only
be approved by HUD Headquarters. This provision is added in
Secs. 905.308(f) and 960.511(b) of the rule.
Comments were also directed at the Allocation Table, which set
forth a formula for determining number of units within each housing
development for residency by police officers. The comments indicated
that the table was too rigid and failed to take into consideration
local conditions. Since the local HUD Field Office is responsible for
final decision-making in this area, local public safety factors must be
evaluated by Field Office staff in making decisions regarding unit
allocation. An HA must certify, however, that any additional units
proposed to be allocated for Officers are vacant units for which there
are no Eligible Families. No resident may be moved from a unit to make
it available for occupancy by an Officer under the plan.
The balance of comments concerned issues on HUD Field Office
approval of HA rents, alternative lease arrangements, and police
responsibilities in lieu of rental payment. These are addressed as
follows:
One comment questioned why the local HUD Field Office should have
the discretion to approve or deny the amount of rent to be paid by
police officers. While the rule provides latitude to impose a
``reasonable rent'' on police officers, the Field Office is familiar
with local market conditions and can make a prudent determination
regarding rent to be charged. In addition, the Field Office has major
oversight responsibility for the day-to-day operation of HAs, and
should provide guidance in this area.
One comment questioned why a ``memorandum of understanding'' cannot
be used in lieu of a lease since the agreement could be considered a
special service contract between the HA and the Officer. The overall
intent of the rule focuses on police visability in HA developments.
Since police officers will occupy units operated and managed by an HA
as residents, a formal lease should be utilized. It may, however, be
modified to meet special needs of the HA and the police officer.
Several comments questioned the definition of ``Reasonable Rent''
as contained in the rule. As a substitute for rental payment, it was
proposed that officers provide specific services equal to the value of
the unit. This is not the intent of the rule. Reasonable rent may be a
flat amount not related to an officer's income, but it must be
consistent with the limited loss of income requirements of this part.
Finally, the terminology used in the proposed rule was that the
rule implemented a ``waiver'' of the eligibility requirements. This
rule implements a statutory waiver, but the term used is ``exemption''
from the eligibility requirements, in order to avoid administrative
problems that may result because the Department follows additional
processing requirements for actions, also called ``waivers,'' that
suspend non-statutory requirements on a case-by-case basis.
Other Matters
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed this rule before publication and by
approving it certifies that the rule does not have a significant
economic impact on a substantial number of small entities. The rule is
limited to exempting from the public and Indian housing admissibility
criteria for certain police and security personnel. By its terms, the
rule limits the number of units that would be subject to such
exemptions, thereby limiting the economic impact on all PHAs and IHAs,
including any that may be small entities.
Environmental Review
A Finding of No Significant Impact with respect to the environment
was made on the proposed rule in accordance with HUD regulations in 24
CFR Part 50 which implements Section 102(2)(C) of the National
Environmental Policy Act of 1969, 42 U.S.C. 4332. That Finding is
available for public inspection during regular business hours in the
Office of the Rules Docket Clerk, Office of the General Counsel,
Department of Housing and Urban Development, Room 10276, 451 Seventh
Street SW., Washington, DC 20410. Since the environmental provisions of
this final rule are unchanged from those published in the proposed
rule, the original Finding of No Significant Impact is still valid.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
states or their political subdivisions, or the relationship between the
federal government and the states, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the rule is not subject to review under the order. The rule will effect
a minor exception to a previously existing scheme of federal assistance
to programs run by state and local government, but it will not alter
the existing division of responsibility among federal, state and local
governments.
Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
order 12606, The Family, has determined that this rule does not have
potential for significant impact on family formation, maintenance, and
general well-being, and thus the rule is not subject to review under
the order. No significant change in existing HUD policies or programs
will result from promulgation of this rule, as those policies and
programs relate to family concerns.
Regulatory Agenda
This rule was listed as sequence number 1702 in the Department's
Semiannual Agenda of Regulations published on April 25, 1994 (59 FR
20424, 20473) in accordance with Executive Order 12866 and the
Regulatory Flexibility Act.
List of Subjects
24 CFR Part 905
Aged, Grant programs--Indians, Grant programs--housing and
community development, Handicapped, Indians, Loan programs--housing and
community development, Loan programs--Indians, Low and moderate income
housing, Public housing, Reporting and recordkeeping requirements.
24 CFR Part 960
Aged, Grant programs--housing and community development,
Handicapped, Public housing.
Accordingly, the Department amends 24 CFR parts 905 and 960 as
follows:
PART 905--INDIAN HOUSING PROGRAMS
1. The authority citation for 24 CFR part 905 is revised to read as
follows:
Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437a-1, 1437aa, 1437bb,
1437c, 1437cc, 1437d(c)(4)(D), 1437ee, and 3535(d).
2. 24 CFR part 905 is amended by adding a new Sec. 905.308 to read
as follows:
Sec. 905.308 Exemption from eligibility requirements for police
officers and other security personnel.
(a) Purpose and scope. The purpose of this section is to permit the
admission to Indian housing of police officers and other security
personnel, who are not otherwise eligible for such housing under any
other admission requirements or procedures, under a plan submitted by
an Indian housing authority (HA) and approved by the Department, and to
set forth standards and criteria for the approval of such plans. The
Department's objective in granting the exemption allowed by this
section is to permit long term residence in Indian housing developments
by police officers and security personnel, whose visible presence is
expected to serve as a deterrent to criminal activity in and around
Indian housing.
(b) Definitions. For the purposes of this section:
Department means the U.S. Department of Housing and Urban
Development (HUD). For purposes of plan submission and approval,
Department refers to the local HUD Office of Native American Programs.
Eligible families means families that are eligible for residence in
Indian housing assisted under the United States Housing Act of 1937.
Officer means a professional police officer or other professional
security provider. Police officers and other security personnel are
considered professional if they are employed full time, i.e., not less
than 35 hours per week, by a governmental unit or a private employer
and compensated expressly for providing police or security services. As
used in this section, ``Officer'' may refer to the Officer as so
defined or to the Officer and his or her family taken together,
depending on the context.
Plan means the written plan submitted by an HA to the Department,
under which, if approved, the Department will exempt Officers from the
normal eligibility requirements for residence in Indian housing
developments and allow Officers, who are otherwise not eligible, to
reside in Indian housing units. An HA may have only one plan in effect
at any one time, which will govern exemptions under this section for
all housing developments managed by that HA.
(c) Exemption from eligibility requirements; plan submission; plan
approval or disapproval.
(1) Conditions for exemption. The Department may exempt Officers
from the eligibility requirements for admission to Indian housing,
provided that:
(i) The Officers would not be eligible, under any other admission
requirements or procedures, for admission to the Indian housing
development without such an exemption; and
(ii) The exemption is given under a properly submitted plan that
satisfies the standards and criteria set forth in Sec. 905.308(d) of
this part and, accordingly, has been approved by the Department.
(2) Plan submission. A plan is properly submitted when it is
received by the local HUD Office of Native American Programs with
jurisdiction over the HA.
(3) Notification of plan approval or disapproval. The Department
will notify an HA of the approval or disapproval of its plan within
thirty days of its submission. Plan approval by the Department
constitutes granting of the exemption for the purposes of this section.
(d) Plan standards and criteria.
(1) Minimum requirements. To be approved, a plan must satisfy the
following requirements:
(i) The plan must identify the total number of units under
management by the HA; the specific housing developments, and the number
of units they contain, where the HA intends to place Officers; and the
particular units (stating number of bedrooms) within each development
that would be allocated to Officers. For each unit identified, the plan
must state the amount of rent that the Officer will pay and facts and
circumstances (such as, the rent that would ordinarily be charged for
the unit, the HA's annual maintenance cost for the unit, the degree of
difficulty in attracting Officers to reside in the unit, the extent of
the crime problem in the development, and the anticipated benefits of
the Officer's presence) that demonstrate the reasonableness of that
amount, as required under Sec. 905.308(e)(i) of this part.
(ii) The plan must identify specifically the benefits to the
community and to the HA that will result from the presence of Officers
in each affected development.
(iii) The plan must describe the existing physical and social
conditions in and around each affected development, providing specific
evidence of criminal activity (such as, frequency of telephone calls to
local police, number of arrests and types of offenses involved, and
data on drug abuse in the community) in order to permit the Department
to make an informed assessment of the level of need for increased
security.
(iv) The plan must afford the Department a reasonable basis, which
necessarily includes the certifications required under
Sec. 905.308(d)(2) of this part, for determining that the use by
Officers of the identified dwelling units will:
(A) Increase security for other Indian housing residents;
(B) Result in a limited loss of income to the HA; and
(C) Not result in a significant reduction of units available for
residence by Eligible Families.
(2) Certifications by HA. Only upon making the determination
described in Sec. 905.308(d)(1)(iv) of this part will the Department
approve a plan. Further, the Department will not make this
determination unless the plan contains a written statement, signed by
an authorized officer or other agent of the HA, certifying that:
(i) The dwelling units proposed to be allocated to Officers are
situated so as to place the Officers in close physical proximity to
other residents;
(ii) No resident families will have to be transferred to other
dwelling units in order to make available the units proposed to be
allocated to Officers;
(iii) The dwelling units proposed to be allocated to Officers will
be rented under a lease that contains the terms described in
Sec. 905.308(e) of this part; and
(iv) The number of dwelling units proposed to be allocated to
Officers under the plan does not exceed the limits set forth in
Sec. 905.308(d)(3) of this part or, in the alternative, any units so
allocated in excess of the applicable maximum number are vacant units
for which there are no Eligible Families. This certification on the
part of the HA satisfies the requirements of Secs. 905.308(d)(1)(iv)
(B) and (C) of this part.
(3) Unit allocation table. For purposes of the certification
required by Sec. 905.308(d)(2) of this part, the following table sets
forth the maximum number of units to be allocated to Officers as a
function of the total number of units under management by the HA:
Unit Allocation Table
------------------------------------------------------------------------
Units to be
Total units under management allocated
------------------------------------------------------------------------
500-999.................................................... 5
1000-4999.................................................. 10
5000-9999.................................................. 15
10,000+.................................................... 20
------------------------------------------------------------------------
The maximum number of units to be allocated by HAs with less than
500 units under management will be determined by the Office of Native
American Programs on a case by case basis.
(Approved by the Office of Management and Budget under OMB control
number 2577-0185.)
(e) Special rent requirements and other terms and conditions. The
HA shall lease units to Officers under a lease agreement, which must be
submitted as a part of the plan, containing terms that provide as
follows:
(1) Reasonable rent. The lease shall provide for a reasonable rent,
which may be a flat amount not related to the Officer's income. The HA
should attempt to establish a rent that will provide an incentive to
Officers to reside in the units but that is also consistent with the
limited loss of income requirement of Sec. 905.308(d)(1)(iv)(B) of this
part. As required in Sec. 905.308(d)(1)(i) of this part, the plan must
state facts and circumstances (such as, the rent that would ordinarily
be charged for the unit, the HA's annual maintenance cost for the unit,
the degree of difficulty in attracting Officers to reside in the unit,
the extent of the crime problem in the development, and the anticipated
benefits of the Officer's presence) that demonstrate the reasonableness
of the rent amount.
(2) Responsibility for damage and overall condition. The Officer
shall be responsible for physical damage to the interior of the leased
unit, hallway and entrance, if any, and exterior area bordering the
unit. The lease also shall require the Officer to maintain the overall
condition of the leased unit, including control of litter in the area
of the development immediately around the unit.
(3) Responsibility for normal facility management. The lease shall
impose on the HA responsibility for routine facility management
relating to the leased unit, including ongoing maintenance and repair
of equipment, trash collection and similar areas of responsibility.
(4) Continued employment. The lease shall provide that the
Officer's right of occupancy is dependent on the continuation of
employment as an Officer. The lease also shall provide that the Officer
will move out of the leased unit within a reasonably prompt time, to be
established by the lease, after termination of employment as an
Officer.
(5) Prohibition on subletting. The lease shall prohibit the Officer
from subletting the unit, and provide that the unit must be the
Officer's primary residence.
(f) Applicability of the annual contributions contract; effect on
the performance funding system.
(1) Annual contributions contract. Except to the extent that an
exemption from eligibility requirements is provided under
Sec. 905.308(c) of this part, Indian housing units occupied by Officers
in accordance with a plan submitted and approved under this section
will be subject to the terms and conditions of the annual contributions
contract (ACC) between the HA and the United States of America. This
section does not override any of the terms and conditions of the ACC
except insofar as they are inconsistent with the provisions of this
section.
(2) Performance funding system. For purposes of the operating
subsidy under the Performance Funding System (PFS) described in subpart
J of this part, dwelling units allocated to Officers in accordance with
this section are excluded from the total unit months available, as
defined in Sec. 905.102 of this part. Also for purposes of the
operating subsidy under the PFS, the full amount of any rent paid by
Officers in accordance with this section is included in other income,
as defined in Sec. 905.102 of this part. HAs may receive operating
subsidy for one unit per housing development to promote economic self-
sufficiency services or anti-drug programs, including housing police
officers and security personnel. An HA may request consideration of
such units in its calculation of operating subsidy eligibility through
the appropriate local HUD Office of Native American Programs.
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
3. The authority citation for 24 CFR part 960 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437a-1, 1437c, 1437d, 1437n,
3535(d).
4. 24 CFR part 960 is amended by adding a new subpart E to read as
follows:
* * * * *
Subpart E--Exemption From Eligibility Requirements for Police Officers
and Other Security Personnel
Sec.
960.501 Purpose and scope.
960.503 Definitions.
960.505 Exemption from eligibility requirements; plan submission;
plan approval or disapproval.
960.507 Plan standards and criteria.
960.509 Special rent requirements and other terms and conditions.
960.511 Applicability of the annual contributions contract; effect
on the Performance Funding System.
Subpart E--Exemption From Eligibility Requirements for Police
Officers and Other Security Personnel
Sec. 960.501 Purpose and scope.
The purpose of this subpart is to permit the admission to public
housing of police officers and other security personnel, who are not
otherwise eligible for such housing under any other admission
requirements or procedures, under a plan submitted by a public housing
agency (HA) and approved by the Department, and to set forth standards
and criteria for the approval of such plans. The Department's objective
in granting the exemption allowed by this subpart is to permit long
term residence in public housing developments by police officers and
security personnel, whose visible presence is expected to serve as a
deterrent to criminal activity in and around public housing.
Sec. 960.503 Definitions.
Department means the U.S. Department of Housing and Urban
Development (HUD). For purposes of plan submission and approval,
Department refers to the local HUD Field Office.
Eligible families means families that are eligible for residence in
public housing assisted under the United States Housing Act of 1937.
Officer means a professional police officer or other professional
security provider. Police officers and other security personnel are
considered professional if they are employed full time, i.e., not less
than 35 hours per week, by a governmental unit or a private employer
and compensated expressly for providing police or security services. As
used in this subpart, ``Officer'' may refer to the Officer as so
defined or to the Officer and his or her family taken together,
depending on the context.
Plan means the written plan submitted by a public housing agency
(PHA) to the Department, under which, if approved, the Department will
exempt Officers from the normal eligibility requirements for residence
in public housing and allow Officers, who are otherwise not eligible,
to reside in public housing units. An HA may have only one plan in
effect at any one time, which will govern exemptions under this subpart
for all public housing managed by that HA.
Sec. 960.505 Exemption from eligibility requirements; plan submission;
plan approval or disapproval.
(a) Conditions for exemption. The Department may exempt Officers
from the eligibility requirements for admission to public housing,
provided that:
(1) The Officers would not be eligible, under any other admission
requirements or procedures, for admission to the public housing
development without such an exemption; and
(2) The exemption is given under a properly submitted plan that
satisfies the standards and criteria set forth in Sec. 960.507 of this
part and, accordingly, has been approved by the Department.
(b) Plan submission. A plan is properly submitted when it is
received by the local HUD Field Office with jurisdiction over the HA.
(c) Notification of plan approval or disapproval. The Department
will notify an HA of the approval or disapproval of its plan within
thirty days of its submission. Plan approval by the Department
constitutes granting of the exemption for the purposes of this subpart.
Sec. 960.507 Plan standards and criteria.
(a) Minimum requirements. To be approved, a plan must satisfy the
following requirements:
(1) The plan must identify the total number of units under
management by the HA; the specific housing developments, and the number
of units they contain, where the HA intends to place Officers; and the
particular units (stating number of bedrooms) within each development
that would be allocated to Officers. For each unit identified, the plan
must state the amount of rent that the Officer will pay and facts and
circumstances (such as, the rent that would ordinarily be charged for
the unit, the HA's annual maintenance cost for the unit, the degree of
difficulty in attracting Officers to reside in the unit, the extent of
the crime problem in the development, and the anticipated benefits of
the Officer's presence) that demonstrate the reasonableness of that
amount, as required under Sec. 960.509(a) of this subpart.
(2) The plan must identify specifically the benefits to the
community and to the HA that will result from the presence of Officers
in each affected development.
(3) The plan must describe the existing physical and social
conditions in and around each affected development, providing specific
evidence of criminal activity (such as, frequency of telephone calls to
local police, number of arrests and types of offenses involved, and
data on drug abuse in the community) in order to permit the Department
to make an informed assessment of the level of need for increased
security.
(4) The plan must afford the Department a reasonable basis, which
necessarily includes the certifications required under Sec. 960.507(b)
of this part, for determining that the use by Officers of the
identified dwelling units will:
(i) Increase security for other public housing residents;
(ii) Result in a limited loss of income to the HA; and
(iii) Not result in a significant reduction of units available for
residence by Eligible Families.
(b) Certifications by HA. Only upon making the determination
described in Sec. 960.507(a)(4) of this part will the Department
approve a plan. Further, the Department will not make such a
determination unless the plan contains a written statement, signed by
an authorized officer or other agent of the HA, certifying that:
(1) The dwelling units proposed to be allocated to Officers are
situated so as to place the Officers in close physical proximity to
other residents;
(2) No resident families will have to be transferred to other
dwelling units in order to make available the units proposed to be
allocated to Officers;
(3) The dwelling units proposed to be allocated to Officers will be
rented under a lease that contains the terms described in Sec. 960.509
of this part; and
(4) The number of dwelling units proposed to be allocated to
Officers under the plan does not exceed the limits set forth in
Sec. 960.507(c) of this part or, in the alternative, any units so
allocated in excess of the applicable maximum number are vacant units
for which there are no Eligible Families. This certification on the
part of the HA satisfies the requirements of Secs. 960.507(a)(4)(ii)
and (iii) of this part.
(c) Unit allocation table. For purposes of the certification
required by Sec. 960.507(b)(4) of this part, the following table sets
forth the maximum number of units to be allocated to Officers as a
function of the total number of units under management by the HA:
Unit Allocation Table
------------------------------------------------------------------------
Units to be
Total units under management allocated
------------------------------------------------------------------------
500-999.................................................... 5
1000-4999.................................................. 10
5000-9999.................................................. 15
10,000+.................................................... 20
------------------------------------------------------------------------
The maximum number of units to be allocated by HAs with less than
500 units under management will be determined by the Field Office on a
case by case basis.
(Approved by the Office of Management and Budget under OMB control
number 2577-0185.)
Sec. 960.509 Special rent requirements and other terms and conditions.
The HA shall lease units to Officers under a lease agreement that
is consistent with the requirements of this section and 24 CFR part
966. The requirements of this section shall take precedence if there is
any inconsistency between them and 24 CFR part 966.
(a) Reasonable rent. The lease shall provide for a reasonable rent,
which may be a flat amount not related to the Officer's income. The HA
should attempt to establish a rent that will provide an incentive to
Officers to reside in the units but that is also consistent with the
limited loss of income requirement of Sec. 960.507(a)(4)(ii) of this
part. As required in Sec. 960.507(a)(1) of this part, the plan must
state facts and circumstances (such as, the rent that would ordinarily
be charged for the unit, the HA's annual maintenance cost for the unit,
the degree of difficulty in attracting Officers to reside in the unit,
the extent of the crime problem in the development, and the anticipated
benefits of the Officer's presence) that demonstrate the reasonableness
of the rent amount.
(b) Continued employment. The lease shall provide that the
Officer's right of occupancy is dependent on the continuation of the
employment that qualified the Officer for residency in the development
under the plan. The lease also shall provide that the Officer will move
out of the leased unit within a reasonably prompt time, to be
established by the lease, after termination of employment.
Sec. 960.511 Applicability of the annual contributions contract;
effect on the Performance Funding System.
(a) Annual contributions contract. Except to the extent that
eligibility requirements are exempted under Sec. 960.505 of this part,
public housing units occupied by Officers in accordance with a plan
submitted and approved under this subpart will be subject to the terms
and conditions of the annual contributions contract (ACC) between the
HA and the United States of America. This subpart does not override any
of the terms and conditions of the ACC except insofar as they are
inconsistent with the provisions of this subpart.
(b) Performance funding system. For purposes of the operating
subsidy under the Performance Funding System (PFS) described in part
990, subpart A of this chapter, dwelling units allocated to Officers in
accordance with this subpart are excluded from the total unit months
available, as defined in Sec. 990.102 of this chapter. Also for
purposes of the operating subsidy under the PFS, the full amount of any
rent paid by Officers in accordance with this subpart is included in
other income, as defined in Sec. 990.102 of this chapter. HAs may
receive operating subsidy for one unit per housing development to
promote economic self-sufficiency services or anti-drug programs,
including housing police officers and security personnel. An HA may
request consideration of such units in its calculation of operating
subsidy eligibility through the appropriate local HUD Office.
Date: July 20, 1994.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 94-18692 Filed 8-1-94; 8:45 am]
BILLING CODE 4210-33-P
