1、524 24 CFR Ch. IX (4111 Edition) Pt. 972 unit divided by 180 in this example). This Section 8 cost would then be compared to the cost of revitalized public housing develop-mentin the example of this section, the re-vitalized public housing cost of $868 monthly per occupied unit would exceed the Sect
2、ion 8 cost of $774 monthly per occupied unit by 12 percent. The PHA would have to prepare a conversion plan for the property. III. DETAILING THE SECTION-8 COST COMPARISON: A SUMMARY TABLE The Section 8 cost comparison methods are summarized, using the example provided in this section III. A. Key Dat
3、a, Development: The revitalized development has 1000 occupied units. All of the units are in walkup buildings. The 1000 occupied units will consist of 500 two-bed-room units and 500 three-bedroom units. The total current operating costs attributable to the development are $300,000 per month in non-u
4、tility costs, $100,000 in utility costs paid by the PHA, and $50,000 in utility allow-ance expenses for utilities paid directly by the tenants to the utility company. Also, the modernization cost for revitalization is $60,000,000, or $60,000 per occupied unit. This will provide standards for viabili
5、ty but not standards for new construction. The cost of demolition and relocation of the 1000 occu-pied units is $5 million, or $5000 per unit, based on recent experience. B. Key Data, Area: The unit total develop-ment cost limit is $70,000 for two-bedroom walkups and $92,000 for three-bedroom walk-u
6、ps. The two-bedroom Fair Market Rent is $600 and the three-bedroom Fair Market Rent is $800. The applicable monthly admin-istrative fee amount, in column B of the March 12, 1997 FEDERAL REGISTER Notice, at 62 FR 11526, is $46. C. Preliminary Computation of the Per- Unit Average Total Development Cos
7、t of the Development: This results from applying the locations unit total development cost by structure type and number of bedrooms to the occupied units of the development. In this example, five hundred units are valued at $70,000 and five hundred units are valued at $92,000 and the unit-weighted a
8、verage is $81,000. D. Current Per Unit Monthly Occupied Costs of Public Housing: 1. Operating Cost$450 (total monthly costs divided by occupied units: in this ex-ample, the sum of $300,000 and $100,000 and $50,000divided by 1,000 units). 2. Amortized Modernization Cost$333 ($60,000 per unit divided
9、by 180 for standards less than those of new construction). 3. Estimated Accrual Cost$85 (the per- unit average total development cost minus half of the modernization cost per unit, times .02 divided by 12 months: in this exam-ple, $51,000 times .02 and then divided by 12). 4. Total per unit public h
10、ousing costs$868. E. Current per unit monthly occupied costs of section 8: 1. Unit-weighted Fair Market Rents$700 (the unit-weighted average of the Fair Mar-ket Rents of occupied bedrooms: in this ex-ample, 500 times $600 plus 500 times $800, di-vided by 1000). 2. Administrative Fee$46. 3. Amortized
11、 Demolition and Relocation Cost$28 ($5000 per unit divided by 180). 4. Total per unit section 8 costs$774. F. Result: In this example, because revital-ized public housing costs exceed current Sec-tion 8 costs, a conversion plan for the prop-erty would be required. PART 972CONVERSION OF PUB-LIC HOUSI
12、NG TO TENANT-BASED ASSISTANCE Subpart ARequired Conversion of Public Housing Developments PURPOSE; DEFINITION OF CONVERSION Sec. 972.100 Purpose. 972.103 Definition of conversion. REQUIRED CONVERSION PROCESS 972.106 Procedure for required conversion of public housing developments to tenant- based as
13、sistance. 972.109 Conversion of developments. 972.112 Relationship between required con-version and demolition/disposition re-quirements. 972.115 Relationship between required con-versions and HOPE VI developments. 972.118 Applicability of Uniform Relocation Act. IDENTIFYING DEVELOPMENTS SUBJECT TO
14、REQUIRED CONVERSION 972.121 Developments subject to this sub-part. 972.124 Standards for identifying public housing developments subject to required conversion. 972.127 Standards for determining whether a property is viable in the long term. CONVERSION PLANS 972.130 Conversion plan components. 972.1
15、33 Public and resident consultation process for developing a conversion plan. 972.136 Timing of submission of conversion plans to HUD. HUD ACTIONS WITH RESPECT TO REQUIRED CONVERSIONS 972.139 HUD actions with respect to re-quired conversions. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Fr
16、m 00534 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-525 Asst. Secry., for Public and Indian Housing, HUD 972.109 Subpart BVoluntary Conversion of Public Housing Development
17、s PURPOSE; DEFINITION OF CONVERSION 972.200 Purpose. 972.203 Definition of conversion. REQUIRED INITIAL ASSESSMENTS 972.206 Required initial assessments. VOLUNTARY CONVERSION PROCEDURE 972.209 Procedure for voluntary conversion of public housing developments to ten-ant-based assistance. 972.212 Timi
18、ng of voluntary conversion. 972.215 Applicability of Uniform Relocation Act. CONVERSION ASSESSMENTS 972.218 Conversion assessment components. 972.221 Timing of submission of conversion assessments to HUD. 972.224 Necessary conditions for HUD ap-proval of conversion. CONVERSION PLANS 972.227 Public a
19、nd resident consultation process for developing a conversion plan. 972.230 Conversion plan components. 972.233 Timing of submission of conversion plans to HUD. 972.236 HUD process for approving a conver-sion plan. 972.239 HUD actions with respect to a con-version plan. APPENDIX TO PART 972METHODOLOG
20、Y OF COMPARING COST OF PUBLIC HOUSING WITH THE COST OF TENANT-BASED ASSISTANCE AUTHORITY: 42 U.S.C. 1437t, 1437z5, and 3535(d). SOURCE: 66 FR 33618, June 22, 2001, unless otherwise noted. Subpart ARequired Conversion of Public Housing Developments SOURCE: 68 FR 54608, Sept. 17, 2003, unless otherwis
21、e noted. PURPOSE; DEFINITION OF CONVERSION 972.100 Purpose. The purpose of this subpart is to im-plement section 33 of the United States Housing Act of 1937 (42 U.S.C. 1437z5), which requires PHAs to annually re-view their public housing inventory and identify developments, or parts of developments,
22、 which must be removed from its stock of public housing oper-ated under an Annual Contributions Contract (ACC) with HUD. This subpart provides the procedures a PHA must follow to develop and carry out a conversion plan to remove the units from the public housing in-ventory, including how to provide
23、for the transition for residents of these de-velopments to other affordable hous-ing. 972.103 Definition of conversion. For purposes of this subpart, the term conversion means the removal of public housing units from the inven-tory of a PHA, and the provision of tenant-based or project-based assist-
24、ance for the residents of the public housing units that are being removed. The term conversion, as used in this subpart, does not necessarily mean the physical removal of the public housing development. REQUIRED CONVERSION PROCESS 972.106 Procedure for required con-version of public housing develop-
25、ments to tenant-based assistance. (a) A PHA must annually review its public housing inventory and identify developments, or parts of develop-ments, which must be converted to ten-ant-based assistance, in accordance with 972.121972.127. (b) With respect to any public hous-ing development that is iden
26、tified under paragraph (a) of this section, the PHA generally must develop a 5-year plan for removal of the affected public housing units from the inventory, in accordance with 972.130972.136. (c) The PHA may proceed to convert the development if HUD approves the conversion plan. 972.109 Conversion
27、of developments. (a)(1) The PHA may proceed to con-vert the development covered by a con-version plan after receiving written ap-proval from HUD. This approval will be separate from the approval that the PHA receives for its Annual Plan. (2) HUD anticipates that its review of a conversion plan will
28、ordinarily occur within 90 days following submission of a complete plan by the PHA. A longer process may be required where HUDs VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo r
29、eproduction or networking permitted without license from IHS-,-,-526 24 CFR Ch. IX (4111 Edition) 972.112 initial review of the plan raises ques-tions that require further discussion with the PHA. In any event, HUD will provide all PHAs with a preliminary response within 90 days following sub-missio
30、n of a conversion plan. (b) The PHA may not demolish or dispose of units or property until com-pletion of the required environmental review under part 58 of this title (if a responsible entity has assumed envi-ronmental responsibility for the project) or part 50 of this title (if HUD is performing t
31、he environmental re-view). Further, HUD will not approve a conversion plan until completion of the required environmental review. How-ever, before completion of the environ-mental review, HUD may approve the targeted units for removal from the PHAs inventory and may authorize the PHA to undertake ot
32、her activities proposed in its conversion plan that do not require environmental review (such as certain activities related to the re-location of residents), as long as the buildings in question are adequately secured and maintained. (c) For purposes of determining oper-ating subsidy eligibility, HU
33、D will con-sider the conversion plan the PHA sub-mits to be the equivalent of a formal request to remove dwelling units from the PHAs inventory and ACC. HUD will notify the PHA in writing whether it has approved the conversion plan. Units that are vacant or vacated on or after the written notificati
34、on date will be treated as approved for deprogramming under 990.108(b)(1) of this title and also will be provided any phase-down of subsidy to which the PHA is entitled pursuant to 990.114 of this title. (d) The PHA may apply for tenant- based assistance in accordance with Section 8 program requirem
35、ents, and HUD will give the PHA a priority for receiving tenant-based assistance to replace the public housing units. It is HUDs policy to provide funds for one- for-one replacement housing with ei-ther public housing or tenant-based as-sistance, if funds are available. HUD may require that funding
36、for the initial year be provided from the public hous-ing Capital Fund, Operating Fund, or both. 972.112 Relationship between re-quired conversion and demolition/ disposition requirements. (a) Section 18 of the United States Housing Act of 1937 does not apply to demolition of developments removed fr
37、om the inventory of the PHA under this subpart. Demolition of these devel-opments is therefore not subject to sec-tion 18(g), which provides an exclusion from the applicability of the Uniform Relocation Assistance and Real Prop-erty Acquisition Policies Act of 1970 (42 U.S.C. 4601) (URA). Accordingl
38、y, the URA will apply to the displacement of tenants as the direct result of the dem-olition of a development carried out pursuant to this subpart, in accordance with 972.118. With respect to any such demolition, the PHA must comply with the requirements for environmental re-view found at part 58 of
39、 this title. (b) Section 18 of the United States Housing Act of 1937 does apply to any disposition of developments removed from the inventory of the PHA under this subpart. Therefore, to dispose of property, the PHA must submit a dis-position application under section 18. HUDs review of any such dis
40、position application will take into account that the development has been required to be converted. 972.115 Relationship between re-quired conversions and HOPE VI developments. HUD actions to approve or deny pro-posed HOPE VI revitalization plans must be consistent with the require-ments of this sub
41、part. Developments with HOPE VI revitalization grants, but without approved HOPE VI revital-ization plans, are fully subject to re-quired conversion standards under this subpart. 972.118 Applicability of Uniform Re-location Act. To the extent that tenants are dis-placed as a direct result of the dem
42、oli-tion, acquisition, or rehabilitation of federally-assisted property converted pursuant to this subpart, the require-ments of the Uniform Relocation As-sistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601) (URA), and the implementing regula-tions issued by the Department of
43、 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-527 Asst. Secry., for Public and Indian Housing, HUD 972.124 T
44、ransportation at 49 CFR part 24, apply. IDENTIFYING DEVELOPMENTS SUBJECT TO REQUIRED CONVERSION 972.121 Developments subject to this subpart. (a) This subpart is applicable to any development not identified before Oc-tober 21, 1998, for conversion, or for as-sessment of whether such conversion is re
45、quired, in accordance with section 202 of the Omnibus Consolidated Re-scissions and Appropriations Act of 1996 (Pub. L. 104134, approved April 26, 1996, 110 Stat. 13212791321281). Devel-opments identified before October 21, 1998, continue to be subject to the re-quirements of section 202 and part 97
46、1 of this chapter until these require-ments are satisfied. Thereafter, the provisions of this subpart apply to any remaining public housing on the sites of those developments. (b) The developments to which this subpart is applicable are subject to the requirements of section 33 of the United States
47、Housing Act of 1937 (42 U.S.C. 1437z5). (c) The provisions of this subpart cease to apply when the units in a de-velopment that are subject to the re-quirements of this subpart have been demolished. 972.124 Standards for identifying public housing developments sub-ject to required conversion. The de
48、velopment, or portions there-of, must be converted if it is a general occupancy development of 250 or more dwelling units and it meets the fol-lowing criteria: (a) The development is on the same or contiguous sites. This refers to the ac-tual number and location of units, irre-spective of HUD develo
49、pment project numbers. (b) The development has a vacancy rate of at least a specified percent for dwelling units not in funded, on-schedule mod-ernization, for each of the last three years, and the vacancy rate has not sig-nificantly decreased in those three years. (1) For a conversion analysis performed on or before March 16, 2009, the speci-fied vacancy rate is 15 percent. For a conversion analysis performed afte
