[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 5198-5216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2702]
[[Page 5197]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 0, et al.
General HUD Program Requirements; Cross-Cutting Requirements; Final
Rule
Federal Register / Vol. 61, No. 28, Friday, February 9, 1996 / Rules
and Regulations
[[Page 5198]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 0, 4, 5, 8, 12, 15, 16, 17, 27, 28, 30, 35, 40, 51,
52, 91, 92, 100, 103, 104, 107, 109, 110, 111, 125, 135, 146, 200,
201, 203, 206, 213, 215, 219, 220, 221, 231, 232, 234, 235, 236,
237, 248, 260, 261, 265, 280, 290, 291, 511, 570, 572, 574, 576,
582, 583, 585, 590, 594, 597, 700, 750, 760, 791, 792, 799, 811,
813, 850, 880, 881, 882, 883, 884, 885, 886, 887, 889, 890, 899,
901, 904, 913, 941, 942, 945, 960, 961, 962, 963, 964, 965, 968,
999, 3280, 3282, and Chapters XI and XV
[Docket No. FR-3940-F-01]
RIN 2501-AC02
General HUD Program Requirements: Cross-Cutting Requirements
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: To eliminate redundancy in several HUD program regulations
which repeat requirements that are applicable to two or more HUD
programs, this final rule establishes a new part 5 that will contain:
Definitions that are commonly found in many HUD program regulations;
the list of other Federal requirements that are generally applicable to
most HUD programs; and waiver authority (i.e., authority to waive
regulatory provisions). The consolidation of the above-noted provisions
in a single part will present uniformity, and assist program
participants in identifying those requirements that cut across several
of the HUD programs.
Furthermore, this final rule amends 24 CFR part 40 to conform to
HUD's recently published rule eliminating obsolete or unnecessary parts
and subparts from title 24 of the Code of Federal Regulations.
EFFECTIVE DATE: March 11, 1996.
FOR FURTHER INFORMATION CONTACT: Camille E. Acevedo, Assistant General
Counsel for Regulations, Office of General Counsel, Room 10276,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Washington, DC 20410, telephone (202) 708-3055. Hearing- or speech-
impaired individuals may call HUD's TDD number (202) 708-9300 or 1-800-
877-8399 (Federal Information Relay Service TDD). (Other than the
``800'' number, these are not toll-free numbers.)
SUPPLEMENTARY INFORMATION:
I. Background.
A. Consolidation of HUD Program Requirements
President Clinton's March 4, 1995 memorandum, Regulatory
Reinvention, directed the heads of the Federal departments and agencies
to review all existing regulations and to eliminate those requirements
found to be obsolete or unnecessary. The department and agency chiefs
were further directed to revise other regulations to increase
flexibility and reduce regulatory burden.
HUD's page-by-page review evidenced that there are several
requirements that are applicable to several HUD funded programs. To
eliminate redundancy in the program regulations that repeat
requirements, and to assist program participants in identifying
requirements and procedures that are uniform in many HUD programs, this
final rule creates a new part 5 containing: (1) Definitions that are
used generally in HUD programs; (2) the list of other Federal
requirements; and (3) waiver authority (i.e., authority to waive
regulatory provisions). This final rule also amends HUD's program
regulations that contain these common definitions or Federal
requirements to remove these definitions and Federal requirements from
these individual regulations and provide a cross-reference to part 5.
Definitions or Federal requirements used only in a particular program,
or common definitions defined differently for a particular program,
will remain in the program regulations. The Department believes that
placing common definitions and those Federal requirements generally
applicable to several HUD programs in a new part 5 simplifies the
structure of HUD's regulations by removing duplicative regulations, and
also allows the user to determine which definitions are common to many
HUD programs and which Federal requirements are considered cross-
cutting requirements.
The general waiver provision established by this final rule permits
the Secretary of HUD, upon a finding of good cause, to waive any non-
statutory requirement in title 24. Currently, several program
regulations authorize waivers only if the Secretary determines that
application of the regulatory requirements will result in ``undue
hardship'' to program participants and have an ``adverse effect'' on
the purposes of the program. Although the waiver provision of part 5
uses a ``good cause'' standard, this final rule does not represent a
change in policy. ``Undue hardship'' and ``adverse effect'' are merely
subcategories of ``good cause.'' Accordingly, this final rule will not
alter the criteria the Secretary currently uses to make waiver
determinations.
B. Conforming Amendment to Part 40
On September 11, 1995 (60 FR 47260), HUD published a final rule
eliminating obsolete parts and codified guidance from title 24 of the
Code of Federal Regulations. Among the guidance eliminated by the
September 11, 1995 rule was appendix A to part 40, which codified the
Accessibility Standards for Publicly Owned Residential Structures.
Since the guidelines are easily obtainable elsewhere, codification in
title 24 was unnecessary. This final rule creates a new Sec. 40.7 which
informs readers where they may obtain a copy of the accessibility
guidelines.
C. Additional Consolidations To Be Included in Part 5
HUD intends future rulemakings that will amend part 5 to include
other program requirements that are found in several programs
regulations and that would benefit by having the requirements
consolidated and set forth in part 5.
II. Justification for Final Rulemaking
It is HUD's policy to publish rules for public comment before their
issuance for effect, in accordance with its own regulations on
rulemaking found at 24 CFR part 10. However, part 10 provides that
prior public procedure will be omitted if HUD determines that it is
``impracticable, unnecessary, or contrary to the public interest'' (24
CFR 10.1). HUD finds that in this case prior public comment is
unnecessary because the consolidation of frequently repeated
definitions and program requirements does not affect or establish
policy. This final rule does not establish or eliminate program
requirements. Rather, in order to eliminate redundancy, this rule
relocates these generally applicable requirements to a new part in
title 24 of the CFR.
III. Other Matters
A. Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implements section 102(2)(C) of the National Environmental Policy
Act of 1969. The Finding of No Significant Impact is available for
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the
Office of the Rules Docket Clerk. Office of General Counsel, Department
of Housing and Urban
[[Page 5199]]
Development, Room 10276, 451 Seventh Street, SW, Washington, DC 20410.
B. 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 final 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.
Specifically, this rule merely consolidates requirements applicable to
all or most HUD programs in a single part. It effects no changes in the
current relationships between the Federal government, the States and
their political subdivisions in connection with these programs.
C. 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, 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.
D. Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This final rule merely
establishes a new part for frequently repeated program requirements,
and will not have any meaningful economic impact on any entity.
List of Subjects
24 CFR Part 0
Administrative practice and procedure, Conflict of interests.
24 CFR Part 4
Administrative practice and procedure, Government employees, Grant
programs--housing and community development, Investigations, Loan
programs--housing and community development, Penalties, Reporting and
recordkeeping requirements.
24 CFR Part 5
Administrative practice and procedure.
24 CFR Part 8
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Grant programs--housing and community
development, Individuals with disabilities, Loan programs--housing and
community development, Reporting and recordkeeping requirements.
24 CFR Part 12
Administrative practice and procedure, Grant programs--housing and
community development, Loan programs--housing and community
development, Reporting and recordkeeping requirements.
24 CFR Part 15
Classified information, Courts, Freedom of information, Government
employees, Reporting and recordkeeping requirements.
24 CFR Part 16
Privacy.
24 CFR Part 17
Administrative practice and procedure, Claims, Government
employees, Income taxes, Wages.
24 CFR Part 27
Administrative practice and procedure, Loan programs--housing and
community development.
24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and procedure, Grant programs--housing and
community development, Loan programs--housing and community
development, Mortgages, Penalties.
24 CFR Part 35
Grant programs--housing and community development, Lead poisoning,
Mortgage insurance, Rent subsidies, Reporting and recordkeeping
requirements.
24 CFR Part 40
Individuals with disabilities, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 51
Environmental protection, Airports, Hazardous substances, Housing
standards, Noise control.
24 CFR Part 52
Intergovernmental relations.
24 CFR Part 91
Aged, Grant programs--housing and community development, Homeless,
Individuals with disabilities, Low and moderate income housing,
Reporting and recordkeeping requirements.
24 CFR Part 92
Administrative practice and procedure, Grant programs--housing and
community development, Grant programs--Indians, Indians, Low and
moderate income housing, Manufactured homes, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 100
Aged, Fair housing, Individuals with disabilities, Mortgages,
Reporting and recordkeeping requirements.
24 CFR Part 103
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Intergovernmental relations,
Investigations, Mortgages, Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 104
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Mortgages, Penalties.
24 CFR Part 107
Administrative practice and procedure, Fair housing, Grant
programs--housing and community development, Loan programs--housing and
community development, Religious discrimination, Reporting and
recordkeeping requirements, Sex discrimination.
24 CFR Part 109
Administrative practice and procedure, Equal employment
opportunity, Government contracts, Housing, Reporting and recordkeeping
requirements.
24 CFR Part 110
Aged, Fair housing, Individuals with disabilities, Mortgages, Signs
and symbols.
24 CFR Part 111
Fair housing, Grant programs--housing and community development,
Reporting and recordkeeping requirements.
[[Page 5200]]
24 CFR Part 125
Fair housing, Grant programs--housing and community development,
Reporting and recordkeeping requirements.
24 CFR Part 135
Administrative practice and procedure, Community development, Equal
employment opportunity, Government contracts, Grant programs--housing
and community development, Housing, Loan programs--housing and
community development, Reporting and recordkeeping requirements, Small
businesses.
24 CFR Part 146
Administrative practice and procedure, Aged, Civil rights, Grant
programs--housing and community development, Loan programs--housing and
community development, Reporting and recordkeeping requirements.
24 CFR Part 200
Administrative practice and procedure, Claims, Equal employment
opportunity, Fair housing, Home improvement, Housing standards,
Incorporation by reference, Lead poisoning, Loan programs--housing and
community development, Minimum property standards, Mortgage insurance,
Organization and functions (Government agencies), Penalties, Reporting
and recordkeeping requirements, Social Security, Unemployment
compensation, Wages.
24 CFR Part 201
Health facilities, Historic preservation, Home improvement, Loan
programs--housing and community development, Manufactured homes,
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 203
Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and
recordkeeping requirements, Solar energy.
24 CFR Part 206
Aged, Condominiums, Loan programs--housing and community
development, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 213
Cooperatives, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 215
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 219
Loan programs--housing and community development, Low and moderate
income housing, Reporting and recordkeeping requirements.
24 CFR Part 220
Home improvement, Loan programs--housing and community development,
Mortgage insurance, Reporting and recordkeeping requirements, Urban
renewal.
24 CFR Part 221
Low and moderate income housing, Mortgage insurance, Reporting and
recordkeeping requirements.
24 CFR Part 231
Aged, Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 232
Fire prevention, Health facilities, Loan programs--health, Loan
programs--housing and community development, Mortgage insurance,
Nursing homes, Reporting and recordkeeping requirements.
24 CFR Part 234
Condominiums, Mortgage insurance, Reporting and recordkeeping
requirements.
24 CFR Part 235
Condominiums, Cooperatives, Grant programs--housing and community
development, Low and moderate income housing, Mortgage insurance,
Reporting and recordkeeping requirements.
24 CFR Part 236
Grant programs--housing and community development, Low and moderate
income housing, Mortgage insurance, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 237
Grant programs--housing and community development, Low and moderate
income housing, Mortgage insurance.
24 CFR Part 248
Intergovernmental relations, Loan programs--housing and community
development, Low and moderate income housing, Mortgage insurance,
Reporting and recordkeeping requirements.
24 CFR Part 260
Grant programs--housing and community development, Low and moderate
income housing.
24 CFR Part 261
Drug abuse, Drug traffic control, Grant programs--housing and
community development, Grant programs--low and moderate income housing,
Reporting and recordkeeping requirements.
24 CFR Part 265
Mortgage insurance.
24 CFR Part 280
Community development, Grant programs--housing and community
development, Loan programs--housing and community development, Low and
moderate income housing, Nonprofit organizations, Reporting and
recordkeeping requirements.
24 CFR Part 290
Low and moderate income housing, Mortgage insurance.
24 CFR Part 291
Community facilities, Conflict of interests, Homeless, Lead
poisoning, Low and moderate income housing, Mortgages, Reporting and
recordkeeping requirements, Surplus government property.
24 CFR Part 511
Administrative practice and procedure, Grant programs--housing and
community development, Lead poisoning, Low and moderate income housing,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan
programs--housing and community development, Low and moderate income
housing, New communities, Northern Mariana Islands, Pacific Islands
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and
recordkeeping requirements, Small cities, Student aid, Virgin Islands.
24 CFR Part 572
Condominiums, Cooperatives, Fair housing, Government property,
Grant programs--housing and community development, Low and moderate
income housing, Nonprofit organizations, Reporting and recordkeeping
requirements.
[[Page 5201]]
24 CFR Part 574
AIDS, Community facilities, Disabled, Emergency shelter, Grant
programs--health programs, Grant programs--housing and community
development, Grant programs--social programs, Homeless, Housing, Low
and moderate income housing, Nonprofit organizations, Rent subsidies,
Reporting and recordkeeping requirements, Technical assistance.
24 CFR Part 576
Community facilities, Emergency shelter grants, Grant programs--
housing and community development, Grant programs--social programs,
Homeless, Reporting and recordkeeping requirements.
24 CFR Part 582
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 583
Homeless, Rent subsidies, Reporting and recordkeeping requirements,
Supportive housing programs--housing and community development,
Supportive services.
24 CFR Part 585
Grant programs--housing and community development, Homeless, Low
and very low-income families, Reporting and recordkeeping requirements.
24 CFR Part 590
Government property, Housing, Intergovernmental relations, Low and
moderate income housing, Reporting and recordkeeping requirements,
Urban renewal.
24 CFR Part 594
Community development, Grant programs--housing and community
development, Reporting and recordkeeping requirements, Urban renewal.
24 CFR Part 597
Community development, Empowerment zones, Enterprise communities,
Economic development, Housing, Indians, Intergovernmental relations,
Reporting and recordkeeping requirements, Urban renewal.
24 CFR Part 700
Aged, Grant programs--housing and community development,
Individuals with disabilities, Low and moderate income housing,
Nutrition, Public housing, Rent subsidies, Reporting and recordkeeping
requirements, Supportive services.
24 CFR Part 750
Grant programs--housing and community development, Indians,
Intergovernmental relations, Loan programs--housing and community
development, Public housing, Rent subsidies, Reporting and
recordkeeping requirements, Social Security.
24 CFR Part 760
Grant programs--housing and community development, Income
verification procedures, Indians, Intergovernmental relations, Loan
programs--housing and community development, Penalties, Public housing,
Rent subsidies, Reporting and recordkeeping requirements, Wages.
24 CFR Part 791
Grant programs--housing and community development, Indians,
Intergovernmental relations, Public housing, Rent subsidies.
24 CFR Part 792
Fraud, Grant programs--housing and community development, Rent
subsidies, Reporting and recordkeeping requirements.
24 CFR Part 799
Grant programs--housing and community development, Indians,
Intergovernmental relations, Public housing, Rent subsidies.
24 CFR Part 811
Public housing, Securities, Taxes.
24 CFR Part 813
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements, Utilities.
24 CFR Part 850
Grant programs--housing and community development, Low and moderate
income housing, Reporting and recordkeeping requirements.
24 CFR Part 880
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 881
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 882
Grant programs--housing and community development, Homeless, Lead
poisoning, Manufactured homes, Rent subsidies, Reporting and
recordkeeping requirements.
24 CFR Part 883
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 884
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements, Rural areas.
24 CFR Part 885
Aged, Individuals with disabilities, Loan programs--housing and
community development, Low and moderate income housing, Reporting and
recordkeeping requirements.
24 CFR Part 886
Grant programs--housing and community development, Lead poisoning,
Rent subsidies, Reporting and recordkeeping requirements.
24 CFR Part 887
Grant programs--housing and community development, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 889
Aged, Capital advance programs, Grant programs--housing and
community development, Loan programs--housing and community
development, Low and moderate income housing, Rent subsidies, Reporting
and recordkeeping requirements.
24 CFR Part 890
Civil rights, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Mental health programs,
Reporting and recordkeeping requirements.
24 CFR Part 899
Grant programs--housing and community development, Low and moderate
income housing, Rent subsidies.
24 CFR Parts 901
Administrative practice and procedure, Public housing, Reporting
and recordkeeping requirements.
24 CFR Part 904
Grant programs--housing and community development, Loan
[[Page 5202]]
programs--housing and community development, Public housing.
24 CFR Part 913
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 941
Grant programs--housing and community development, Loan programs--
housing and community development, Public housing.
24 CFR Part 942
Aged, Grant programs--housing and community development,
Individuals with disabilities, Pets, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 945
Aged, Grant programs--housing and community development,
Individuals with disabilities, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 960
Aged, Grant programs--housing and community development,
Individuals with disabilities, Public housing.
24 CFR Part 961
Drug abuse, Drug traffic control, Grant programs--housing and
community development, Grant programs--Indians, Grant programs--low and
moderate income housing, Indians, Public housing, Reporting and
recordkeeping requirements.
24 CFR Part 962
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 963
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 964
Grant programs--housing and community development, Public housing,
Reporting and recordkeeping requirements.
24 CFR Part 965
Energy conservation, Government procurement, Grant programs--
housing and community development, Lead poisoning, Loan programs--
housing and community development, Public housing, Reporting and
recordkeeping requirements, Utilities.
24 CFR Part 968
Grant programs--housing and community development, Indians, Loan
programs--housing and community development, Public housing, Reporting
and recordkeeping requirements.
24 CFR Part 999
Grant programs--housing and community development, Indians, Public
housing.
24 CFR Part 3280
Fire prevention, Housing standards, Manufactured homes.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements.
Accordingly, under the authority 42 U.S.C. 3535(d), in title 24 of
the Code of Federal Regulations, subtitle B, chapters I, II, V, VII,
VIII, IX, and XX are amended, and chapters XI and XV are removed, as
follows:
PART 0--STANDARDS OF CONDUCT
1. The authority citation for part 0 is revised to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 201-212; E.O. 11222, E.O.
12674, 3 CFR, 1964-1965 Comp., p. 306; 5 CFR 735.101-412.
Subpart A--General Provisions
Sec. 0.735-102 [Amended]
2. Section 0.735-102 is amended by removing the definition of
``Department.''
Sec. 0.735-106 [Removed]
3. Section 0.735-106 is removed.
PART 4--PROHIBITION OF ADVANCE DISCLOSURE OF FUNDING DECISIONS
4. The authority citation for part 4 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 3537a.
Subpart A--General Provisions
5. Section 4.5 is amended by removing the definitions of
``Department or HUD'', ``NOFA'', and ``Secretary'', and adding
introductory text to read as follows:
Sec. 4.5 Definitions.
The terms Department, HUD, NOFA, and Secretary are defined in 24
CFR part 5.
* * * * *
6. A new part 5 is added to read as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
Subpart A--Generally Applicable Definitions and Federal Requirements;
Waivers
Sec.
5.100 Definitions.
5.105 Other Federal requirements.
5.110 Waivers.
Authority: 42 U.S.C. 3535(d).
Subpart A--Generally Applicable Definitions and Federal
Requirements; Waivers
Sec. 5.100 Definitions.
The following definitions apply as noted in the respective program
regulations:
1937 Act means the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.)
ADA means the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
ALJ means an administrative law judge appointed to HUD pursuant to
5 U.S.C. 3105 or detailed to HUD pursuant to 5 U.S.C. 3344.
Department means the Department of Housing and Urban Development.
Elderly Person means an individual who is at least 62 years of age.
Fair Housing Act means title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601
et seq.).
Fair Market Rent (FMR) means the rent that would be required to be
paid in the particular housing market area in order to obtain privately
owned, decent, safe and sanitary rental housing of modest (non-luxury)
nature with suitable amenities. This Fair Market Rent includes
utilities (except telephone). Separate Fair Market Rents will be
established by HUD for dwelling units of varying sizes (number of
bedrooms) and will be published in the Federal Register in accordance
with part 888 of this title.
General Counsel means the General Counsel of HUD.
Grantee means the person or legal entity to which a grant is
awarded and that is accountable for the use of the funds provided.
HUD means the same as Department.
Indian means a person who is recognized as being an Indian or
Alaska Native by an Indian Tribe, the Federal government, or any State.
Indian Housing Authority (IHA) means an entity that:
(1) Is authorized to engage or assist in the development or
operation of low-income housing for Indians under the 1937 Act; and
[[Page 5203]]
(2) Is established:
(i) By exercise of the power of self-government of an Indian Tribe
independent of State law; or
(ii) By operation of State law providing specifically for housing
authorities for Indians, including regional housing authorities in the
State of Alaska.
NAHA means the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12701 et seq.).
NEPA means the National Environmental Policy Act of 1969 (42 U.S.C.
4321).
NOFA means Notice of Funding Availability.
OMB means the Office of Management and Budget.
Organizational Unit means the jurisdictional area of each Assistant
Secretary, and each office head or field administrator reporting
directly to the Secretary.
Public Housing Agency (PHA) means any State, county, municipality,
or other governmental entity or public body, or agency or
instrumentality of these entities, that is authorized to engage or
assist in the development or operation of low-income housing under the
1937 Act.
Section 8 means section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f).
Secretary means the Secretary of Housing and Urban Development.
URA means the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4201-4655).
Sec. 5.105 Other Federal requirements.
The following Federal requirements apply as noted in the respective
program regulations:
(a) Nondiscrimination and equal opportunity. The Fair Housing Act
(42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et
seq.; Executive Order 11063, as amended by Executive Order 12259 (3
CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal
Opportunity in Housing Programs) and implementing regulations at 24 CFR
part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
2000d-4) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations at 24 CFR part 1; the Age Discrimination Act
of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR
part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CFR part 8; section 3 of the Housing
and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing
regulations at 24 CFR part 135; Executive Order 11246, as amended by
Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965
Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp.,
p. 803; 3 CFR, 1978 Comp., p.' 230; and 3 CFR, 1978 Comp., p. 264,
respectively) (Equal Employment Opportunity Programs) and implementing
regulations at 41 CFR chapter 60; Executive Order 11625, as amended by
Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977
Comp., p. 139) (Minority Business Enterprises); Executive Order 12432
(3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development);
and Executive Order 12138, as amended by Executive Order 12608 (3 CFR,
1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business
Enterprise).
(b) Disclosure requirements. The disclosure requirements and
prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 CFR
part 87; and the requirements for funding competitions established by
the Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3531 et seq.).
(c) Debarred, suspended or ineligible contractors. The prohibitions
at 24 CFR part 24 on the use of debarred, suspended or ineligible
contractors.
(d) Drug-Free Workplace. The Drug-Free Workplace Act of 1988 (41
U.S.C. 701 et seq.) and HUD's implementing regulations at 24 CFR part
24.
Sec. 5.110 Waivers.
Upon determination of good cause, the Secretary may, subject to
statutory limitations, waive any provision of this title and delegate
this authority in accordance with section 106 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3535(q)).
PART 8--NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED
PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
7. The authority citation for part 8 is revised to read as follows:
Authority: 29 U.S.C. 794; 42 U.S.C. 3535(d) and 5309.
Subpart C--Program Accessibility
8. Section 8.32 is amended by revising paragraph (a) to read as
follows:
Sec. 8.32 Accessibility standards.
(a) Effective as of July 11, 1988, design, construction, or
alteration of buildings in conformance with sections 3-8 of the Uniform
Federal Accessibility Standards (UFAS) shall be deemed to comply with
the requirements of Secs. 8.21, 8.22, 8.23, and 8.25 with respect to
those buildings. Departures from particular technical and scoping
requirements of the UFAS by the use of other methods are permitted
where substantially equivalent or greater access to and usability of
the building is provided. The alteration of housing facilities shall
also be in conformance with additional scoping requirements contained
in this part. Persons interested in obtaining a copy of the UFAS are
directed to Sec. 40.7 of this title.
* * * * *
PART 12--ACCOUNTABILITY IN THE PROVISION OF HUD ASSISTANCE
9. The authority citation for part 12 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 3545.
Subpart A--General
10. Section 12.3 is amended by removing the definitions of
``Indian'', ``Indian Housing Authority'', ``HUD or Department'', and
``Public housing agency'', and adding introductory text to read as
follows:
Sec. 12.3 Definitions.
The terms Department, HUD, Indian, Indian Housing Authority (IHA),
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 15--TESTIMONY, PRODUCTION AND DISCLOSURE OF MATERIAL OR
INFORMATION BY HUD EMPLOYEES
11. The authority citation for part 15 is revised to read as
follows:
Authority: 5 U.S.C. 552; 42 U.S.C. 3535(d).
Subpart A--Purpose and Policy
12. Section 15.1 is amended by removing the definitions of
``Department'', ``Secretary'', and ``Organizational unit'', and adding
introductory text to read as follows:
Sec. 15.1 Definitions.
The terms Department, Secretary, and Organizational unit are
defined in 24 CFR part 5.
* * * * *
[[Page 5204]]
Subpart I--Testimony of Employees of the Department in Legal
Proceedings
Sec. 15.86 [Removed]
13. Section 15.86 is removed.
PART 16--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
14. The authority citation for part 16 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 42 U.S.C. 3535(d).
Sec. 16.2 [Amended]
15. Section 16.2 is amended by removing paragraph (b)(4) and
redesignating paragraphs (b)(5) through (b)(8) as paragraphs (b)(4)
through (b)(7).
PART 17--ADMINISTRATIVE CLAIMS
16. The authority citation for subpart A of part 17 is revised to
read as follows:
Authority: 5 U.S.C. 5514; 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-
3718, 3721; 42 U.S.C. 3535(d).
Subpart A--Claims Against Government Under Federal Tort Claims Act
17. Section 17.1 is amended by revising paragraph (c) to read as
follows:
Sec. 17.1 Scope; definitions.
* * * * *
(c) The terms Department and Organizational unit are defined in 24
CFR part 5.
PART 27--NONJUDICIAL FORECLOSURE OF MULTIFAMILY MORTGAGES
18. The authority citation for part 27 is revised to read as
follows:
Authority: 12 U.S.C. 3711(5), 3717; 42 U.S.C. 3535(d).
Subpart A--General
19. Section 27.3 is amended by removing the definitions of
``General Counsel'' and ``Secretary'', and revising the introductory
text to read as follows:
Sec. 27.3 Definitions.
The terms General Counsel and Secretary are defined in 24 CFR part
5.
* * * * *
PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF
1986
20. The authority citation for part 28 is revised to read as
follows:
Authority: 31 U.S.C. 3801; 42 U.S.C. 3535(d).
21. Section 28.3 is amended by removing the definitions of ``ALJ''
and ``HUD'', and adding introductory text to read as follows:
Sec. 28.3 Definitions.
The terms ALJ and HUD are defined in 24 CFR part 5.
* * * * *
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
22. The authority citation for part 30 is revised to read as
follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, 1735f-15;
15 U.S.C. 1717a; 42 U.S.C. 3535(d).
Subpart A--General Provisions
23. Section 30.10 is amended by removing the definitions of
``ALJ'', ``Department or HUD'', and ``Secretary'', and revising the
introductory text to read as follows:
Sec. 30.10 Definitions.
Because this part is primarily procedural, terms not defined in
this section shall have the meanings given them in relevant program
regulations. In the case of new responsibilities and new terminology
established by the Reform Act, comprehensive definitions will be found
in 24 CFR part 4 (Prohibition of Advance Disclosure of Funding
Decisions) and 24 CFR part 12 (Accountability in the Provision of HUD
Assistance). The terms ALJ, Department, HUD, and Secretary are defined
in 24 CFR part 5.
* * * * *
PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES
24. The authority for part 35 is revised to read as follows:
Authority: 42 U.S.C. 3535(d), 4821-4846).
Subpart A--Notification to Purchasers and Tenants of HUD-Associated
Housing Constructed Prior to 1978 of the Hazards of Lead-Based
Paint Poisoning
Sec. 35.3 [Amended]
25. Section 35.3 is amended by removing the definition of
``Department of HUD.''
Subpart G--[Removed]
26. Subpart G, consisting of Sec. 35.70, is removed.
PART 40--ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION, AND
ALTERATION OF PUBLICLY OWNED RESIDENTIAL STRUCTURES
27. The authority citation for part 40 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 4153.
Sec. 40.5 [Removed]
28. Section 40.5 is removed and reserved.
29. A new Sec. 40.7 is added to read as follows:
Sec. 40.7 Availability of Accessibility Standards.
Copies of the Uniform Federal Accessibility Standards are available
from the Office of Fair Housing and Equal Opportunity, U.S. Department
of Housing and Urban Development, Room 5230, 451 Seventh Street, SW.,
Washington, DC 20410, telephone (202) 755-5404 (this is not a toll-free
number). Hearing or speech-impaired individuals may call HUD's TDD
number (202) 708-0113 or 1-800-877-8399 (Federal Information Relay
Service TDD). (Other than the ``800'' number, these are not toll-free
numbers.)
PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS
30. The authority citation for subpart C of part 51 is revised to
read as follows:
Authority: 42 U.S.C. 3535(d).
Subpart C--Siting of HUD-Assisted Projects Near Hazardous
Operations Handling Conventional Fuels or Chemicals of an Explosive
or Flammable Nature
31. Section 51.201 is amended by removing the definitions of
``Department'' and ``Secretary'', and adding introductory text to read
as follows:
Sec. 51.201 Definitions.
The terms Department and Secretary are defined in 24 CFR part 5.
* * * * *
PART 52--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PROGRAMS AND ACTIVITIES
32. The authority citation for part 52 is revised to read as
follows:
Authority: 31 U.S.C. 6506; 42 U.S.C. 3334, 3535(d).
[[Page 5205]]
Sec. 52.2 [Amended]
33. Section 52.2 is amended by removing the definition of
``Department.''
Sec. 52.13 [Removed]
34. Section 52.13 is removed.
PART 91--CONSOLIDATED SUBMISSION FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
35. The authority citation for part 91 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
Subpart A--General
36. Section 91.5 is amended by removing the definitions of
``Elderly person'' and ``HUD'', and adding introductory text to read as
follows:
Sec. 91.5 Definitions.
The terms Elderly person and HUD are defined in 24 CFR part 5.
* * * * *
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
37. The authority citation for part 92 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 12701-12839.
Subpart A--General
38. Section 92.2 is amended by removing the definitions of ``HUD'',
``Indian Housing Authority'', ``Public housing agency (PHA)'', and
``Secretary'', and adding introductory text to read as follows:
Sec. 92.2 Definitions.
The terms HUD, Indian Housing Authority (IHA), Public Housing
Agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *
Sec. 92.3 [Removed]
39. Section 92.3 is removed and reserved.
Subpart H--Other Federal Requirements
40. Section 92.350 is amended by revising paragraph (a) to read as
follows:
Sec. 92.350 Equal opportunity and fair housing.
(a) The Federal requirements set forth in 24 CFR part 5 apply to
participants in the HOME program.
* * * * *
Sec. 92.357 [Removed]
41. Section 92.357 is removed and reserved.
PART 100--DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT
42. The authority citation for part 100 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
Subpart A--General
43. Section 100.20 is amended by removing the definitions of
``Department'', ``Fair Housing Act'', and ``Secretary'', and revising
the introductory text to read as follows:
Sec. 100.20 Definitions.
The terms Department, Fair Housing Act, and Secretary are defined
in 24 CFR part 5.
* * * * *
PART 103--FAIR HOUSING--COMPLAINT PROCESSING
44. The authority citation for part 103 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3601-3619.
Subpart A--Purpose and Definitions
45. Section 103.9 is amended by removing the definitions of ``Fair
Housing Act'', ``General Counsel'', and ``HUD'', and revising the
introductory text to read as follows:
Sec. 103.9 Definitions.
The terms Fair Housing Act, General Counsel, and HUD are defined in
24 CFR part 5.
* * * * *
PART 104--ADMINISTRATIVE PROCEEDINGS UNDER SECTION 812 OF THE FAIR
HOUSING ACT
46. The authority citation for part 104 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
Subpart A--General Information
47. Section 104.20 is amended by removing the definitions of ``Fair
Housing Act'', ``General Counsel'', and ``HUD'', and adding
introductory text to read as follows:
Sec. 104.20 Definitions.
The terms Fair Housing Act, General Counsel, and HUD are defined in
24 CFR part 5.
* * * * *
PART 107--NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER
EXECUTIVE ORDER 11063
48-50. The authority citation for part 107 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d); E.O. 11063, 27 FR 11527, 3 CFR,
1958-1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp.,
p. 849.
51. Section 107.15 is amended by:
a. Revising paragraph (a);
b. Removing paragraph (b); and
c. Redesignating paragraphs (c) through (g) as paragraphs (b)
through (f) to read as follows:
Sec. 107.15 Definitions.
(a) Department and Secretary are defined in 24 CFR part 5.
* * * * *
PART 109--FAIR HOUSING ADVERTISING
52. The authority citation for part 109 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
53. Section 109.15 is amended by revising paragraph (b) to read as
follows:
Sec. 109.15 Definitions.
* * * * *
(b) General Counsel is defined in 24 CFR part 5.
* * * * *
PART 110--FAIR HOUSING POSTER
54. The authority citation for part 110 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
Subpart A--Purpose and Definitions
55. Section 110.5 is amended by:
a. Revising paragraph (a);
b. Removing paragraph (f); and
c. Redesignating paragraphs (g) through (i) as paragraphs (f)
through (h) to read as follows:
Sec. 110.5 Definitions.
(a) The terms Department and Secretary are defined in 24 CFR part
5.
* * * * *
PART 111--FAIR HOUSING ASSISTANCE PROGRAM
56. The authority citation for part 111 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3600-3620.
57. Section 111.101 is amended by removing the definitions of
``HUD'' and ``NOFA'', and revising the introductory text to read as
follows:
[[Page 5206]]
Sec. 111.101 Definitions.
The terms HUD and NOFA are defined in 24 CFR part 5.
* * * * *
PART 125--FAIR HOUSING INITIATIVES PROGRAM
58. The authority citation for part 125 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 3616 note.
Sec. 125.103 [Amended]
59. Section 125.103 is amended by removing the definition of
``Department.''
PART 135--ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME
PERSONS
60-62. The authority citation for part 135 is revised to read as
follows:
Authority: 12 U.S.C. 1701u; 42 U.S.C. 3535(d).
Subpart A--General Provisions
63. Section 135.5 is amended by removing the definitions of
``Department or HUD'', ``Indian housing authority (IHA)'', ``Public
housing agency (PHA)'', and ``Secretary'', and revising the
introductory text to read as follows:
Sec. 135.5 Definitions.
The terms Department, HUD, Indian housing authority (IHA), Public
housing agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *
PART 146--NONDISCRIMINATION ON THE BASIS OF AGE IN HUD PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
64. The authority citation for part 146 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 6103.
Subpart A--General
65. Section 146.7 is amended by removing the definitions of ``HUD''
and ``Secretary'', and revising the introductory text to read as
follows:
Sec. 146.7 Definitions.
The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *
PART 200--INTRODUCTION
66. The authority citation for part 200 continues to read as
follows:
Authority: 12 U.S.C. 1701-1715z-18; 42 U.S.C. 1436a and 3535(d).
Subpart I--Nondiscrimination and Fair Housing
67. Section 200.300 is revised to read as follows:
Sec. 200.300 Nondiscrimination and fair housing policy.
The regulations in this subpart are prescribed pursuant to:
(a) The nondiscrimination and fair housing requirements set forth
in 24 CFR part 5; and
(b) The affirmative fair housing marketing requirements in 24 CFR
part 200, subpart M and part 108.
Subpart T--Disclosure and Verification of Social Security Numbers
and Employer Identification Numbers by Applicants and Participants
in Assisted Mortgage and Loan Insurance and Related Programs
68. Section 200.1005 is amended by removing the definitions of
``HUD or Department'' and ``PHA'', and revising the introductory text
to read as follows:
Sec. 200.1005 Definitions.
The terms Department, HUD, and Public Housing Agency (PHA) are
defined in 24 CFR part 5. For purposes of this subpart, the term Public
Housing Agency (PHA) includes an Indian Housing Authority.
* * * * *
Subpart V--Procedures for Obtaining Wage and Claim Information
About Applicants and Participants in HUD's Assisted Mortgage and
Loan Insurance and Related Programs From State Wage Information
Collection Agencies (SWICAs)
Sec. 200.1205 [Amended]
69. Section 200.1205 is amended by removing the definition of
``HUD.''
PART 201--TITLE I PROPERTY IMPROVEMENT AND MANUFACTURED HOME LOANS
70. The authority citation for part 201 is revised to read as
follows:
Authority: 12 U.S.C. 1703; 42 U.S.C. 1436a and 3535(d).
Subpart A--General
Sec. 201.2 [Amended]
71. Section 201.2 is amended by removing paragraph (ff) and
redesignating paragraphs (gg) through (mm) as paragraphs (ff) through
(ll).
Sec. 201.5 [Amended]
72. Section 201.5 is amended by removing paragraph (a) and removing
the designation of paragraph (b).
PART 203--SINGLE FAMILY MORTGAGE INSURANCE
73. The authority citation for part 203 continues to read as
follows:
Authority: 12 U.S.C. 1709, 1710, 1715b, and 1715u; 42 U.S.C.
3535(d).
In addition, subpart C is also issued under 12 U.S.C. 1715u.
Subpart A--Eligibility Requirements and Underwriting Procedures
Sec. 203.248 [Removed]
74. Section 203.248 and the undesignated center heading preceding
it are removed.
PART 206--HOME EQUITY CONVERSION MORTGAGE INSURANCE
75. The authority citation for part 206 is revised to read as
follows:
Authority: 12 U.S.C. 1715b, 1715z-1720; 42 U.S.C. 3535(d).
Subpart A--General
Sec. 206.5 [Removed]
76. Section 206.5 is removed.
PART 213--COOPERATIVE HOUSING MORTGAGE INSURANCE
77. The authority citation for part 213 continues to read as
follows:
Authority: 12 U.S.C. 1715b, 1715e; 42 U.S.C. 3535(d).
Subpart C--Eligibility Requirements--Individual Properties Released
From Project Mortgage
Sec. 213.748 [Removed]
78. Section 213.748 is removed.
PART 215--RENT SUPPLEMENT PAYMENTS
79. The authority citation for part 215 continues to read as
follows:
Authority: 12 U.S.C. 1701s; 42 U.S.C. 3535(d).
80. Section 215.1 is amended by revising the definition of
``Elderly person'' to read as follows:
Sec. 215.1 Definitions.
* * * * *
Elderly person is defined in 24 CFR part 5.
* * * * *
PART 219--FLEXIBLE SUBSIDY PROGRAM FOR TROUBLED PROJECTS
81. The authority citation for part 219 continues to read as
follows:
[[Page 5207]]
Authority: 12 U.S.C. 1715z-1a; 42 U.S.C. 3535(d).
Subpart A--General Provisions
Sec. 219.130 [Removed]
82. Section 219.130 is removed.
PART 220--MORTGAGE INSURANCE AND INSURED IMPROVEMENT LOANS FOR
URBAN RENEWAL AND CONCENTRATED DEVELOPMENT AREAS
83. The authority citation for part 220 continues to read as
follows:
Authority: 12 U.S.C. 1713, 1715b, and 1715k; 42 U.S.C. 3535(d).
Subpart A--Eligibility Requirements--Homes
Sec. 220.248 [Removed]
84. Section 220.248 and the undesignated center heading preceding
it are removed.
PART 221--LOW COST AND MODERATE INCOME MORTGAGE INSURANCE
85. The authority citation for part 221 is revised to read as
follows:
Authority: 12 U.S.C. 1707(a), 1715b and 1751l; 42 U.S.C.
3535(b).
Subpart A--Eligibility Requirements--Low Cost Homes
Sec. 221.248 [Removed]
86. Section 221.248 and the undesignated center heading preceding
it are removed.
PART 231--HOUSING MORTGAGE INSURANCE FOR THE ELDERLY
87. The authority citation for part 231 continues to read as
follows:
Authority: 12 U.S.C. 1715b and 1715v; 42 U.S.C. 3535(d).
Subpart A--Eligibility Requirements
88. Section 231.2 is amended by revising paragraph (c) to read as
follows:
Sec. 231.2 Definitions.
* * * * *
(c) Elderly person is defined in 24 CFR part 5.
* * * * *
PART 232--MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE
FACILITIES, BOARD AND CARE HOMES, AND ASSISTED LIVING FACILITIES
89. The authority citation for part 232 continues to read as
follows:
Authority: 12 U.S.C. 1715b, 1715w, and 1715z(9); 42 U.S.C.
3535(d).
Subpart A--Eligibility Requirements
90. Section 232.1 is amended by revising paragraph (n) to read as
follows:
Sec. 232.1 Definitions.
* * * * *
(n) Elderly person is defined in 24 CFR part 5.
* * * * *
PART 234--CONDOMINIUM OWNERSHIP MORTGAGE INSURANCE
91. The authority citation for part 234 is revised to read as
follows:
Authority: 12 U.S.C. 1715b and 1715y; 42 U.S.C. 3535(d). Section
234.520(a)(2)(ii) is also issued under 12 U.S.C. 1707(a).
Subpart A--Eligibility Requirements--Individually Owned Units
Sec. 234.248 [Removed]
92. Section 234.248 is removed.
PART 235--MORTGAGE INSURANCE AND ASSISTANCE PAYMENTS FOR HOME
OWNERSHIP AND PROJECT REHABILITATION
93. The authority citation for part 235 is revised to read as
follows:
Authority: 12 U.S.C. 1715b and 1715z; 42 U.S.C. 3535(d).
Subpart A--Eligibility Requirements--Homes for Lower Income
Families
Sec. 235.1204 [Removed]
94. Section 235.1204 is removed.
PART 236--MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENT FOR
RENTAL PROJECTS
95. The authority citation for part 236 continues to read as
follows:
Authority: 12 U.S.C. 1715b and 1715z-1; 42 U.S.C. 3535(d).
Subpart A--Eligibility Requirements for Mortgage Insurance
96. Section 236.2 is amended by revising the definition of
``Elderly person'' to read as follows:
Sec. 236.2 Definitions.
* * * * *
Elderly person is defined in 24 CFR part 5.
* * * * *
PART 237--SPECIAL MORTGAGE INSURANCE FOR LOW AND MODERATE INCOME
FAMILIES
97. The authority citation for part 237 continues to read as
follows:
Authority: 12 U.S.C. 1709, 1715b, and 1715z-2; 42 U.S.C.
3535(d).
Subpart A--Eligibility Requirements
Sec. 237.248 [Removed]
98. Section 237.248 and the undesignated center heading preceding
it are removed.
PART 248--PREPAYMENT OF LOW INCOME HOUSING MORTGAGES
99. The authority citation for part 248 continues to read as
follows:
Authority: 12 U.S.C. 1715l note, 4101 note, and 4101-4124; 42
U.S.C. 3535(d).
Subpart C--Prepayment and Plans of Action Under the Emergency Low
Income Preservation Act of 1987
100. Section 248.201 is amended by removing the definitions of
``Fair Market Rent'' and ``Section 8'', and adding introductory text to
read as follows:
Sec. 248.201 Definitions.
The terms Fair Market Rent (FMR) and Section 8 are defined in 24
CFR part 5.
* * * * *
PART 260--INTEREST SUBSIDY GRANTS
101. The authority citation for part 260 is revised to read as
follows:
Authority: 42 U.S.C. 1440(c)(2) and 3535(d).
Sec. 260.2 [Amended]
102. Section 260.2 is amended by removing and reserving paragraph
(d).
PART 261--ASSISTED HOUSING DRUG ELIMINATION PROGRAM
103. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11901 et seq.
Subpart A--General
104. Section 261.5 is amended by removing the definition of ``HUD
or Department'', and adding introductory text to read as follows:
Sec. 261.5 Definitions.
The terms Department and HUD are defined in 24 CFR part 5.
* * * * *
[[Page 5208]]
PART 265--TRANSFER FROM NON-PROFIT TO PROFIT-MOTIVATED OWNERSHIP
FOR MULTIFAMILY HOUSING PROJECTS WITH HUD-INSURED OR HUD-HELD
MORTGAGES
105. The authority citation for part 265 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d).
Sec. 265.4 [Removed]
106. Section 265.4 is removed and reserved.
PART 280--NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM
107. The authority citation for part 285 continues to read as
follows:
Authority: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).
Subpart A--General
Sec. 280.5 [Amended]
108. Section 280.5 is amended by removing the definition of
``HUD.''
Sec. 280.10 [Removed]
109. Section 280.10 is removed.
Subpart D--Application and Selection Procedures
110. Section 280.207 is amended by:
a. Revising the introductory text and paragraph (a);
b. Removing paragraphs (g) and (k); and
c. Redesignating paragraphs (h) through (j) as paragraphs (g)
through (i), to read as follows:
Sec. 280.207 Other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following additional Federal requirements apply to this program:
(a) Nondiscrimination and equal opportunity. (1) The affirmative
fair housing marketing requirements at 24 CFR part 200, subpart M, and
the implementing regulations at 24 CFR part 108.
(2) Racial and ethnic data collection requirements. Recipients must
maintain current data on the race and ethnicity of program
beneficiaries.
* * * * *
PART 290--DISPOSITION OF MULTIFAMILY PROJECTS AND SALE OF HUD-HELD
MULTIFAMILY MORTGAGES
111. The authority citation for part 290 continues to read as
follows:
Authority: 12 U.S.C. 1701z-11, 1701z-12, 1713, 1715b, 1715z-1b;
42 U.S.C. 3535(d).
Subpart A--General Provisions
112. Section 290.5 is amended by removing the definitions of
``Department'' and ``URA'', and revising the introductory text to read
as follows:
Sec. 290.5 What definitions apply in this regulation?
The terms Department and URA are defined in 24 CFR part 5.
* * * * *
Sec. 290.7 [Removed]
113. Section 290.7 is removed.
PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY
114. The authority citation for part 291 continues to read as
follows:
Authority: 12 U.S.C. 1709 and 1715b; 42 U.S.C. 1441, 1441a,
1551a, and 3535(d).
Subpart A--General Provisions
115. Section 291.5 is amended by removing the definitions of
``HUD'' and ``Secretary'', and revising the introductory text to read
as follows:
Sec. 291.5 Definitions.
The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *
Subpart E--Lease and Sale of HUD-Acquired Single Family Properties
for the Homeless
Sec. 291.405 [Amended]
116. Section 291.405 is amended by removing the definition of
``HUD.''
117. Section 291.435 is amended by:
a. Revising the introductory text and paragraph (a)(1);
b. Removing paragraphs (c) and (e); and
c. Redesignating paragraph (d) as paragraph (c) to read as follows:
Sec. 291.435 Applicability of other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following Federal requirements apply to lessees and purchasers under
this subpart:
(a) Nondiscrimination and equal opportunity. (1) The
nondiscrimination and equal opportunity requirements set forth in 24
CFR part 5 are modified as follows:
(i) Where applicable, lessees and purchasers must also comply with
the Americans with Disabilities Act (42 U.S.C. 12131) and implementing
regulations at 28 CFR parts 35 and 36.
(ii) The requirements of section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and Executive Order 11246
(30 FR 12319, 12935, 3 CFR, 1946-1965 Comp., p. 339; Executive Order
11625 (36 FR 19967, 3 CFR, 1971-1975 Comp., p. 616); Executive Order
12432 (48 FR 32551, 3 CFR, 1983 Comp., p. 198; and Executive Order
12138 (44 FR 29637, 3 CFR, 1979 Comp., p. 393) do not apply to this
subpart.
* * * * *
Subpart F--[Removed]
118. Subpart F, consisting of Sec. 291.500, is removed.
PART 511--RENTAL REHABILITATION GRANT PROGRAM
119. The authority citation for part 511 continues to read as
follows:
Authority: 2 U.S.C. 1437o and 3535(d).
Subpart A--General
120. Section 511.2 is amended by removing the definitions of
``HUD'' and ``Public Housing Agency (PHA)'', and adding introductory
text to read as follows:
Sec. 511.2 Definitions.
The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR
part 5.
* * * * *
Sec. 511.5 [Removed]
121. Section 511.5 is removed.
Subpart B--Program Requirements
122. Section 511.13 is amended by:
a. Revising the heading and the introductory text;
b. Removing paragraphs (a) and (c);
c. Redesignating paragraph (b) as paragraph (a); and
d. Adding paragraph (b) and reserving it, to read as follows:
Sec. 511.13 Nondiscrimination, equal opportunity, and affirmative
marketing requirements.
In addition to the nondiscrimination and equal opportunity
requirements set forth in 24 CFR part 5, the following requirements
apply:
* * * * *
123. Section 511.16 is amended by:
a. Revising the introductory text;
b. Removing paragraphs (c), (d), and (f);
b. Redesignating paragraphs (e) and (g) as paragraphs (c) and (d),
respectively, to read as follows:
Sec. 511.16 Other Federal requirements.
In addition to the Federal requirements set forth in 24 CFR part 5,
Grantees and, where applicable, State
[[Page 5209]]
recipients shall comply with the following requirements:
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
124. The authority citation for part 570 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
Subpart A--General Provisions
125. Section 570.3 is amended by removing the definitions of
``HUD'' and ``Secretary'', and adding introductory text to read as
follows:
Sec. 570.3 Definitions.
The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *
Sec. 570.5 [Removed]
126. Section 570.5 is removed.
Subpart I--State Community Development Block Grant Program
Sec. 570.481 [Amended]
127. Section 570.481 is amended by removing paragraph (a)(3).
Subpart K--Other Program Requirements
128. Sections 570.607 is revised to read as follows:
Sec. 570.607 Employment and contracting opportunities.
Grantees shall comply with:
(a) Executive Order 11246, as amended by Executive Orders 11375,
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p.339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp.,
p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity)
and the implementing regulations at 41 CFR chapter 60; and
(b) Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and implementing regulations at 24 CFR part 135.
129. Section 570.609 is revised to read as follows:
Sec. 570.609 Use of debarred, suspended or ineligible contractors or
subrecipients.
The requirements set forth in 24 CFR part 5 apply to this program.
PART 572--HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES PROGRAM
(HOPE 3)
130. The authority citation for part 572 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12891.
Subpart A--General
131. Section 572.5 is amended by removing the definitions of
``HUD'', ``IHA'', ``NAHA'', ``1937 Act'', ``NOFA'', and ``PHA'', and
revising the introductory text to read as follows:
Sec. 572.5 Definitions.
The terms HUD, Indian Housing Authority (IHA), NAHA, 1937 Act,
NOFA, and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
Sec. 572.15 [Removed]
132. Section 572.15 is removed.
Subpart E--Other Federal Requirements
133. Section 572.405 is amended by:
a. Revising the introductory text and paragraph (a);
b. Removing paragraphs (b), (c) and (d);
c. Redesignating paragraphs (e) through (g) as paragraphs (b)
through (d); and
d. Revising newly designated paragraph (b) to read as follows:
Sec. 572.405 Nondiscrimination and equal opportunity requirements.
In addition to the nondiscrimination and equal opportunity
requirements set forth in 24 CFR part 5, the following requirements
apply to homeownership programs under this part:
(a) Modification of fair housing and nondiscrimination requirements
for Indian tribes and IHAs. (1) The Indian Civil Rights Act (25 U.S.C.
1301 et seq.) applies to tribes when they exercise their powers of
self-government. Thus, it is applicable in all cases when an IHA has
been established by exercise of such powers. In the case of the IHA
established pursuant to State law, the applicability of the Indian
Civil Rights Act shall be determined on a case-by-case basis.
Development subject to the Indian Civil Rights Act must be developed
and operated in compliance with its provisions and all implementing HUD
requirements, instead of title VI and the Fair Housing Act and their
implementing regulations.
(2) In the case of Indian tribes and IHAs, compliance with the
requirements of this section shall be to the maximum extent consistent,
but not in derogation of, the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)).
(b) Affirmative fair housing marketing. The recipient must adopt a
strategy for informing and soliciting applications from people who are
least likely to apply, because of race, color, religion, sex,
disability, familial status, or national origin, for the program
without special outreach, consistent with the affirmative fair housing
marketing requirements. (See 24 CFR 92.351 for an example of an
affirmative strategy.) Paragraph (b) of this section does not apply to
Indian tribes and IHAs, as described in paragraph (a)(1) of this
section.
* * * * *
PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
134. The authority citation for part 574 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 12901-12912.
Subpart A--General
135. Section 574.3 is amended by removing the definitions of
``Grantee'' and ``Secretary'', and adding introductory text to read as
follows:
Sec. 574.3 Definitions.
The terms Grantee and Secretary are defined in 24 CFR part 5.
* * * * *
Subpart G--Other Federal Requirements
Sec. 574.600 [Redesignated as Sec. 574.603]
136. Section 574.600 is redesignated as Sec. 574.603 and a new
Sec. 574.600 is added to read as follows:
Sec. 574.600 Cross-reference.
The Federal requirements set forth in 24 CFR part 5 apply to this
program as specified in this subpart.
137. Section 574.603 is amended by:
a. Revising the introductory text and paragraph (a);
b. Removing paragraphs (b), (c), (d) and (f); and
c. Redesignating paragraph (e) as paragraph (b) to read as follows:
Sec. 574.603 Nondiscrimination and equal opportunity.
In addition to the nondiscrimination and equal opportunity
requirements set forth in 24 CFR part 5, the following requirements
apply:
(a) Fair housing requirements. (1) Grantees and project sponsors
shall comply with the applicable provisions of the Americans with
Disabilities Act (42 U.S.C. 12101-12213) and implementing regulations
at 28 CFR part 35 (States and local government grantees) and part 36
(public accommodations and requirements for
[[Page 5210]]
certain types of short-term housing assistance).
(2) Executive Order 11246, as amended by Executive Orders 11375,
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR 1978 Comp.,
p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity)
does not apply to this program.
* * * * *
Secs. 574.610, 574.615, and 574.620 [Removed]
138. Sections 574.610, 574.615, and 574.620 are removed.
PART 576--EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY
HOMELESS ASSISTANCE ACT
139. The authority citation for part 576 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11376.
Subpart A--General
140. Section 576.3 is amended by removing the definitions of
``Grantee'' and ``HUD'', and adding introductory text to read as
follows:
Sec. 576.3 Definitions.
The terms Grantee and HUD are defined in 24 CFR part 5.
* * * * *
Secs. 576.5 [Removed]
141. Section 576.5 is removed.
Subpart G--Program Requirements
142. Section 576.79 is amended by:
a. Revising the introductory text and paragraph (a);
b. Removing paragraphs (e) and (h);
c. Redesignating paragraphs (f) and (g) as paragraphs (e) and (f),
respectively;
d. Redesignating paragraphs (i) and (j) as paragraphs (g) and (h),
respectively, to read as follows:
Sec. 576.79 Other Federal requirements.
In addition to the Federal requirements set forth in 24 CFR part 5,
use of emergency shelter grant amounts must comply with the following
requirements:
(a) Nondiscrimination and equal opportunity. The nondiscrimination
and equal opportunity requirements at 24 CFR part 5 are modified as
follows:
(1) Rehabilitation Act requirements. HUD's regulations at 24 CFR
part 8 implement section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794). For purposes of the emergency shelter grants program, the
term ``dwelling units'' in 24 CFR part 8 shall include sleeping
accommodations.
(2) Use of emergency shelter grant amounts must also comply with
the requirement that the grantee or the State recipient make known that
use of the facilities and services is available to all on a
nondiscriminatory basis. If the procedures that the grantee or
recipient intends to use to make known the availability of the
facilities and services are unlikely to reach persons of any particular
race, color, religion, sex, age, national origin, familial status, or
disability who may qualify for such facilities and services, the
grantee or recipient must establish additional procedures that will
ensure that such persons are made aware of the facilities and services.
Grantees and recipients must also adopt procedures which will make
available to interested persons information concerning the location of
services and facilities that are accessible to persons with
disabilities.
* * * * *
PART 582--SHELTER PLUS CARE
143. The authority citation for part 582 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 11403 note.
Subpart A--General
144. Section 582.5 is amended by removing the definitions of ``Fair
Market rent or FMR'', ``HUD'', ``Public housing agency or PHA'', and
Secretary'', and revising the introductory text to read as follows:
Sec. 582.5 Definitions.
The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA),
and Secretary are defined in 24 CFR part 5.
* * * * *
Sec. 582.10 [Removed]
145. Section 582.10 is removed.
Subpart D--Program Requirements
146. Section 582.330 is amended by revising paragraph (b) to read
as follows:
Sec. 582.330 Nondiscrimination and equal opportunity requirements.
* * * * *
(b) Compliance with requirements. (1) In addition to the
nondiscrimination and equal opportunity requirements set forth in 24
CFR part 5, recipients serving a designated population of homeless
persons must, within the designated population, comply with the
prohibitions against discrimination against handicapped individuals
under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 41 CFR chapter 60-741.
(2) The nondiscrimination and equal opportunity requirements set
forth at part 5 of this title are modified as follows:
(i) The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to
tribes when they exercise their powers of self-government, and to IHAs
when established by the exercise of such powers. When an IHA is
established under State law, the applicability of the Indian Civil
Rights Act will be determined on a case-by-case basis. Projects subject
to the Indian Civil Rights Act must be developed and operated in
compliance with its provisions and all implementing HUD requirements,
instead of title VI and the Fair Housing Act and their implementing
regulations.
(ii) [Reserved]
* * * * *
147. Section 582.340 is amended by:
a. Adding an introductory text;
b. Removing paragraphs (b), (c), and (d); and
c. Redesignating paragraph (e) as paragraph (b) to read as follows:
Sec. 582.340 Other Federal requirements.
In addition to the Federal requirements set forth in 24 CFR part 5,
the following requirements apply to this program:
* * * * *
PART 583--SUPPORTIVE HOUSING PROGRAM
148. The authority citation for part 583 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11389.
Subpart A--General
149. Section 583.5 is amended by removing the definition of
``HUD.''
Sec. 583.10 [Removed]
150. Section 583.10 is removed.
Subpart D--Program Requirements
151. Section 583.325 is amended by revising paragraph (b)
introductory text and (b)(1) to read as follows:
Sec. 583.325 Nondiscrimination and equal opportunity requirements.
* * * * *
(b) Nondiscrimination and equal opportunity requirements. The
nondiscrimination and equal opportunity requirements set forth at part
5 of this title apply to this program.
(1) The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to
tribes when they exercise their powers of self-
[[Page 5211]]
government, and to IHAs when established by the exercise of such
powers. When an IHA is established under State law, the applicability
of the Indian Civil Rights Act will be determined on a case-by-case
basis. Projects subject to the Indian Civil Rights Act must be
developed and operated in compliance with its provisions and all
implementing HUD requirements, instead of title VI and the Fair Housing
Act and their implementing regulations.
* * * * *
152. Section 583.330 is amended by:
a. Revising the introductory text;
b. Removing paragraph (f) and (i); and
c. Redesignating paragraphs (g) and (h) as paragraphs (f) and (g),
respectively to read as follows:
Sec. 583.330 Applicability of other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, use of
assistance provided under this part must comply with the following
Federal requirements:
* * * * *
PART 585--YOUTHBUILD PROGRAM
153. The authority citation for part 585 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8011.
Subpart A--General
154. Section 585.4 is amended by removing the definitions of ``1937
Act'' and ``Secretary'', and revising the introductory text to read as
follows:
Sec. 585.4 Definitions.
The terms Secretary and 1937 Act are defined in 24 CFR part 5.
* * * * *
PART 590--URBAN HOMESTEADING
155. The authority citation for part 590 is revised to read as
follows:
Authority: 12 U.S.C. 1706e; 42 U.S.C. 3535(d).
Sec. 590.3 [Removed]
156. Section 590.3 is removed.
Sec. 590.5 [Removed]
157. Section 590.5 is amended by removing the definition of
``HUD.''
PART 594--JOHN HEINZ NEIGHBORHOOD DEVELOPMENT PROGRAM
158. The authority citation for part 594 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 1518a.
Subpart A--General
159. Section 594.3 is amended by removing the definition of
``HUD.''
Subpart D--Award and Use of Grant Amounts
160. Section 594.30 is amended by:
a. Revising the introductory text and paragraph (a);
b. Removing paragraphs (b), (c), and (d); and
c. Redesignating paragraphs (e) through (h) as paragraphs (b)
through (e) to read as follows:
Sec. 594.30 Equal opportunity and other Federal requirements.
Each participating neighborhood development organization must
certify that it will carry out activities assisted under the program in
compliance with the nondiscrimination and equal opportunity
requirements set forth in 24 CFR part 5 and:
(a) The requirements at 24 CFR part 200, subpart M;
* * * * *
PART 597--URBAN EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
161. The authority citation for part 597 continues to read as
follows:
Authority: 26 U.S.C. 1391; 42 U.S.C. 3535(d).
Subpart A--General Provisions
162. Section 597.3 is amended by removing the definitions of
``HUD'' and ``Secretary'', and adding introductory text to read as
follows:
Sec. 597.3 Definitions.
The terms HUD and Secretary are defined in 24 CFR part 5.
* * * * *
Sec. 597.5 [Removed]
163. Section 597.5 is removed.
PART 700--CONGREGATE HOUSING SERVICES PROGRAM
164. The authority citation for part 700 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8011.
165. Section 700.105 is amended by removing the definitions of
``Elderly person'' and ``HUD'', and revising the introductory text to
read as follows:
Sec. 700.105 Definitions.
The terms Elderly person and HUD are defined in 24 CFR part 5.
* * * * *
PART 750--DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY NUMBERS
AND EMPLOYER IDENTIFICATION NUMBERS BY APPLICANTS AND PARTICIPANTS
IN CERTAIN HOUSING ASSISTANCE PROGRAMS
166. The authority citation for part 750 is revised to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d), 3543, 1437a,
1437d, 1437f, 1437o, 1437ee, and 8013.
Subpart A--General
167. Section 750.5 is amended by removing the definitions of ``HUD
or Department'' and ``Public housing agency (PHA)'', and revising the
introductory text to read as follows:
Sec. 750.5 Definitions.
The terms HUD, Department and Public housing agency (PHA) are
defined in 24 CFR part 5.
* * * * *
PART 760--PROCEDURES FOR OBTAINING WAGE AND CLAIM INFORMATION ABOUT
APPLICANTS AND PARTICIPANTS IN HUD'S SECTION 8 AND PUBLIC HOUSING
PROGRAMS FROM STATE WAGE INFORMATION COLLECTION AGENCIES (SWICAs)
168. The authority citation for part 760 continues to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437a, 1437d, 1437ee,
1437f, 3535(d), and 3544.
Subpart A--General
169. Section 760.5 is amended by removing the definitions of
``HUD'' and ``Public Housing Agency (PHA)'', and revising the
introductory text to read as follows:
Sec. 760.5 Definitions.
The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR
part 5.
* * * * *
PART 791--REVIEW OF APPLICATIONS FOR HOUSING ASSISTANCE AND
ALLOCATIONS OF HOUSING ASSISTANCE FUNDS
170. The authority citation for part 791 is revised to read as
follows:
Authority: 42 U.S.C. 1439 and 3535(d).
Subpart A--General Provisions
171. Section 791.102 is amended by removing the definitions of
``HUD'' and ``Public housing agency'', and adding an introductory text
to read as follows:
[[Page 5212]]
Sec. 791.102 Definitions.
The terms HUD, and Public housing agency (PHA) are defined in 24
CFR part 5.
* * * * *
PART 792--HOUSING AGENCY SECTION 8 FRAUD RECOVERIES
172. The authority citation for part 792 is revised to read as
follows:
Authority: 42 U.S.C. 1437f note and 3535(d).
Subpart A--General Provisions
173. Section 792.103 is amended by revising the definition of ``HA
(Housing Agency)'' to read as follows:
Sec. 792.103 Definitions.
* * * * *
HA (Housing Agency) is the collective term for Public Housing
Agencies and Indian Housing Authorities. The terms Public Housing
Agency (PHA) and Indian Housing Authority (IHA) are defined in 24 CFR
part 5.
* * * * *
PART 799--[Removed]
174. Part 799, consisting of Sec. 799.101, is removed.
PART 811--TAX EXEMPTION OF OBLIGATIONS OF PUBLIC HOUSING AGENCIES
AND RELATED AMENDMENTS
175. The authority citation for part 811 continues to read as
follows:
Authority: 42 U.S.C. 1437, 1437a, 1437c, 1437f, and 3535(d).
Subpart A--Tax Exemption, Under Section 11(b) of the Act, of
Obligations Issued by Public Housing Agencies To Finance Section 8
Projects
176. Section 811.102 is amended by:
a. Adding an introductory text;
b. Removing paragraphs (l) and (q);
c. Redesignating paragraphs (m) through (p) as paragraphs (l)
through (o); and
d. Redesignating paragraphs (r) through (u) as paragraphs (q)
through (t) to read as follows:
Sec. 811.102 Definitions.
The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR
part 5.
* * * * *
PART 813--DEFINITION OF INCOME, INCOME LIMITS, RENT AND
REEXAMINATIONS OF FAMILY INCOME FOR THE SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAMS AND RELATED PROGRAMS
177. The authority citation for part 813 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 1437n and 3535(d).
178. Section 813.102 is amended by removing the definitions of
``Elderly person'', ``Indian'', ``Indian Housing Authority'', and
``Public Housing Agency'', and adding introductory text to read as
follows:
Sec. 813.102 Definitions.
The terms Elderly person, Indian, Indian Housing Authority (IHA),
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 850--HOUSING DEVELOPMENT GRANTS
179. The authority citation for part 850 continues to read as
follows:
Authority: 42 U.S.C. 1437o and 3535(d).
Subpart A--General Provisions
180. Section 850.3 is amended by removing the definitions of
``Grantee'' and ``HUD'', and adding introductory text to read as
follows:
Sec. 850.3 Definitions.
The terms Grantee and HUD are defined in 24 CFR part 5.
* * * * *
Subpart C--Application Procedures and Program Requirements
181. Section 850.35 is amended by:
a. Revising the introductory text;
b. Removing paragraphs (a), (b), (d), and (l); and
c. Redesignating paragraphs (c) and (e) through (k) as paragraphs
(a) through (h), respectively; and
d. Redesignating paragraph (m) as paragraph (i), to read as
follows:
Sec. 850.35 Other program requirements.
In addition to the requirements set forth in 24 CFR part 5, the
applicant (or grantee) shall assure that the following program
requirements are met:
* * * * *
PART 880--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW
CONSTRUCTION
182. The authority citation for part 880 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and
13611-13619.
Subpart B--Definitions, Project Eligibility and Other Requirements
183. Section 880.201 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', ``NOFA'', and ``PHA'', and adding
introductory text to read as follows:
Sec. 880.201 Definitions.
The terms Fair Market Rent (FMR), HUD, NOFA, and Public Housing
Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 881--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR
SUBSTANTIAL REHABILITATION
184. The authority citation for part 881 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and
13611-13619.
Subpart B--Definitions, Project Eligibility and Other Requirements
185. Section 881.201 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', ``NOFA'', and ``PHA'', and adding
introductory text to read as follows:
Sec. 881.201 Definitions.
The terms Fair Market Rent (FMR), ``HUD, NOFA, and Public Housing
Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 882--SECTION 8 CERTIFICATE AND MODERATE REHABILITATION
PROGRAMS
186. The authority citation for part 882 continues to read as
follows:
Authority: 42 U.S.C. 1437f and 3535(d).
Subpart A--Applicability, Scope and Basic Policies
187. Section 882.102 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (``PHA'')'', and
``Secretary'', and adding introductory text to read as follows:
Sec. 882.102 Definitions.
The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA),
and Secretary are defined in 24 CFR part 5.
* * * * *
[[Page 5213]]
PART 883--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--STATE
HOUSING AGENCIES
188. The authority citation for part 883 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Subpart C--Definitions, Project Eligibility and Requirements
189. Section 883.302 is amended by removing the definitions of
``Fair Market Rent (FMR)'', ``HUD'', and ``PHA (Public Housing
Agency)'', and adding introductory text to read as follows:
Sec. 883.302 Definitions.
The terms Fair Market Rent (FMR), HUD, and Public Housing Agency
(PHA) are defined in 24 CFR part 5.
* * * * *
PART 884--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW
CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING
PROJECTS
190. The authority citation for part 884 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Subpart A--Applicability, Scope and Basic Policies
191. Section 884.102 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (PHA)'', and
``Secretary'', and adding introductory text to read as follows:
Sec. 884.102 Definitions.
The terms Fair Market Rent (FMR), HUD, Public housing agency (PHA),
and Secretary are defined in 24 CFR part 5.
* * * * *
PART 885--LOANS FOR HOUSING FOR THE ELDERLY OR HANDICAPPED
192. The authority citation for part 885 continues to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 1437f and 3535(d).
Subpart C--Section 202 Projects for Nonelderly Handicapped Families
and Individuals--Section 162 Assistance
193. Section 885.740 is amended by adding introductory text and
revising paragraph (a) to read as follows:
Sec. 885.740 Other Federal requirements.
In addition to the Federal requirements set forth in 24 CFR part 5,
the following requirements apply to this program:
(a) Affirmative fair housing marketing. (1) The affirmative fair
housing marketing requirements of 24 CFR part 200, subpart M, and the
implementing regulations at 24 CFR part 108; and
(2) The fair housing advertising and poster guidelines at 24 CFR
parts 109 and 110.
* * * * *
PART 886--SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM--SPECIAL
ALLOCATIONS
194. The authority citation for part 886 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-
13619.
Subpart A--Additional Assistance Program for Projects With HUD-
Insured and HUD-Held Mortgages
195. Section 886.102 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', ``Public Housing Agency (PHA)'', and
``Secretary'', and adding introductory text to read as follows:
Sec. 886.102 Definitions.
The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA),
and Secretary are defined in 24 CFR part 5.
* * * * *
196. Section 886.132 is amended by revising paragraph (f)(1) to
read as follows:
Sec. 886.132 Selection preferences.
* * * * *
(f) Nondiscrimination. Any selection preferences that are used by
an owner must be established and administered in accordance with:
(1) The nondiscrimination and equal opportunity requirements set
forth in 24 CFR part 5, except for:
(i) Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and the implementing regulations at 24 CFR part 135; and
(ii) Executive Order 11246, as amended by Executive Orders 11375,
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp.,
p. 230; and 3 CFR, 1978 Comp., p. 264, respectively); Executive Order
11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p.
616 and 3 CFR, 1977 Comp., p. 139); Executive Order 12432 (3 CFR, 1983
Comp., p. 198); and Executive Order 12138, as amended by Executive
Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245).
(2) The Americans with Disabilities Act (42 U.S.C. 12101-12213), to
the extent applicable; and
(3) HUD's affirmative fair housing objectives and (where
applicable) the owner's HUD-approved affirmative fair housing marketing
plan.
* * * * *
Subpart C--Section 8 Housing Assistance Program for the Disposition
of HUD-Owned Projects
197. Section 886.302 is amended by removing the definitions of
``Fair Market Rent'', ``HUD'', and ``Public Housing Agency (PHA)'', and
adding introductory text to read as follows:
Sec. 886.302 Definitions.
The terms Fair Market Rent (FMR), HUD, and Public Housing Agency
(PHA) are defined in 24 CFR part 5.
* * * * *
PART 887--HOUSING VOUCHERS
198. The authority citation for part 887 continues to read as
follows:
Authority: 42 U.S.C. 1437f(o) and 3535(d).
Subpart A--General Information
199. Section 887.7 is amended by removing the definitions of ``1937
Act'', ``Elderly person'', ``Fair market rent (FMR)'', ``HUD'', and
``Public Housing Agency (PHA)'', and adding introductory text to read
as follows:
Sec. 887.7 Definitions.
The terms 1937 Act, Elderly person, Fair Market Rent (FMR), HUD,
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 889--SUPPORTIVE HOUSING FOR THE ELDERLY
Sec. 889.105 [Removed]
200. The authority citation for part 889 continues to read as
follows:
Authority: 12 U.S.C. 1701q; 42 U.S.C. 3535(d).
Subpart A--General
Sec. 889.105 [Amended]
201. Section 889.105 is amended by removing the definition of
``Secretary.''
Subpart B--Application Procedures and Program Requirements
202. Section 889.265 is amended by adding introductory text and
revising paragraph (a) to read as follows:
Sec. 889.265 Other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following
[[Page 5214]]
Federal requirements apply to this program:
(a) Affirmative fair housing marketing. (1) The affirmative fair
housing marketing requirements of 24 CFR part 200, subpart M and the
implementing regulations at 24 CFR part 108; and
(2) The fair housing and poster guidelines at 24 CFR parts 109 and
110.
* * * * *
PART 890--SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES
203. The authority citation for part 890 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 8013.
Subpart A--General
204. Section 890.105 is amended by removing the definition of
``Secretary.''
Subpart B--Application Procedures and Program Requirements
205. Section 890.260 is amended by adding introductory text and
revising paragraph (a) to read as follows:
Sec. 890.260 Other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following Federal requirements apply to this program:
(a) Affirmative fair housing marketing. (1) The affirmative fair
housing marketing requirements of 24 CFR part 200, subpart M and the
implementing regulations at 24 CFR part 108; and
(2) The fair housing advertising and poster guidelines at 24 CFR
parts 109 and 110.
* * * * *
PART 899--[REMOVED]
206. Part 899, consisting of Sec. 899.101, is removed.
PART 901--PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM
207. The authority citation for part 901 is revised to read as
follows:
Authority: 42 U.S.C. 1437d(j) and 3535(d).
Subpart A--General Provisions
208. Section 901.05 is amended by:
a. Adding introductory text;
b. Removing paragraphs (m) and (t);
c. Redesignating paragraphs (n) through (s) as paragraphs (m)
through (r); and
d. Redesignating paragraphs (u) through (y) as paragraphs (s)
through (w) to read as follows:
Sec. 901.05 Definitions.
The terms Department, HUD, and Public Housing Agency (PHA) are
defined in 24 CFR part 5.
* * * * *
PART 904--LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES
209. The authority citation for part 904 continues to read as
follows:
Authority: 42 U.S.C. 1437-1437ee and 3535(d).
Subpart B--Turnkey III Program Description
Sec. 904.102 [Amended]
210. Section 904.102 is amended by removing paragraph (h) and
redesignating paragraphs (i) through (k) as paragraphs (h) through (j).
PART 913--DEFINITION OF INCOME, INCOME LIMITS, RENT AND
REEXAMINATION OF FAMILY INCOME FOR THE PUBLIC HOUSING PROGRAM
211. The authority citation for part 913 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437d, 1437n, and 3535(d).
212. Section 913.102 is amended by removing the definitions of
``Elderly person'', ``Indian'', ``Indian Housing Authority'', and
``Public Housing Agency (PHA)'', and adding introductory text to read
as follows:
Sec. 913.102 Definitions.
The terms Elderly person, Indian, Indian Housing Authority (IHA),
and Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 941--PUBLIC HOUSING DEVELOPMENT
213. The authority citation for part 941 continues to read as
follows:
Authority: 42 U.S.C. 1437b, 1437c, 1437g, and 3535(d).
Subpart A--General
214. Section 941.103 is amended by removing the definitions of
``HUD'', and ``Public Housing Agency (PHA)'', and adding introductory
text to read as follows:
Sec. 941.103 Definitions.
The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR
part 5.
* * * * *
Subpart B--PHA Eligibility and Program Requirements
215. Section 941.208 is amended by:
a. Adding introductory text;
b. Removing paragraphs (a), (e), and (f);
c. Redesignating paragraphs (b), (c), (d), (g), (h), and (i) as
paragraphs (a) through (f), respectively; and
d. Revising newly designated paragraph (b) to read as follows:
Sec. 941.208 Other Federal requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following Federal Requirements apply to this program:
* * * * *
(b) Accessibility requirements. Participation in this program
requires compliance with the Architectural Barriers Act of 1968 (42
U.S.C. 4151-4157) and Executive Order 12250, 45 FR 72995, 3 CFR, 1980
Comp., p. 298.
* * * * *
PART 942--PET OWNERSHIP IN PUBLIC HOUSING FOR THE ELDERLY OR
HANDICAPPED
216. The authority citation for part 942 is revised to read as
follows:
Authority: 12 U.S.C. 1701n-1; 42 U.S.C. 3535(d).
Subpart A--General
217. Section 942.3 is amended by revising paragraph (c) read as
follows:
Sec. 942.3 Definitions.
* * * * *
(c) Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *
PART 945--DESIGNATED HOUSING--PUBLIC HOUSING DESIGNATED FOR
OCCUPANCY BY DISABLED, ELDERLY, OR DISABLED AND ELDERLY FAMILIES
218. The authority citation for part 945 is revised to read as
follows:
Authority: 42 U.S.C. 1473e and 3535(d).
Subpart A--General
219. Section 945.105 is amended by removing the definitions of
``Elderly person'', ``HUD or Department'', ``NAHA'', ``Public housing
agency or PHA'', and ``Secretary'', and revising the introductory text
to read as follows:
Sec. 945.105 Definitions.
The terms Department, Elderly person, HUD, NAHA, Public Housing
[[Page 5215]]
Agency (PHA), and Secretary are defined in 24 CFR part 5.
* * * * *
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
220. The authority citation for part 960 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, and 3535(d).
Subpart B--Admission, Rent and Reexamination
221. Section 960.203 is revised to read as follows:
Sec. 960.203 Nondiscrimination requirements.
The tenant selection criteria and requirements used by a PHA must
comply with:
(a) The nondiscrimination and equal opportunity requirements set
forth in 24 CFR part 5, with the exception of:
(1) Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and the implementing regulations at 24 CFR part 135; and
(2) Executive Order 11246, as amended by Executive Orders 11375,
11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-
1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp.,
p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment
Opportunity Programs) and implementing regulations at 41 CFR chapter
60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR,
1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority
Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p.
198) (Minority Business Enterprise Development); and 12138, as amended
by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987
Comp., p. 245) (Women's Business Enterprise).
(b) The Americans with Disabilities Act (42 U.S.C. 12101-12213), to
the extent applicable.
(c) Any tenant selection policies also must be consistent with
HUD's affirmative fair housing objectives.
Subpart E--Exemption From Eligibility Requirements for Police
Officers and Other Security Personnel
Sec. 960.503 [Amended]
222. Section 960.503 is amended by removing the definition of
``Department.''
PART 961--PUBLIC HOUSING DRUG ELIMINATION PROGRAM
223. The authority citation for part 961 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 11901 et seq.
Subpart A--General
224. Section 961.5 is amended by removing the definitions of ``HUD
or Department'', ``Indian'', ``Indian Housing Authority (IHA)'', and
``Public housing agency (PHA)'', and adding introductory text to read
as follows:
Sec. 961.5 Definitions.
The terms Department, HUD, Indian Housing Authority (IHA), and
Public Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
Subpart D--Grant Administration
225. Section 961.29 is amended by:
a. Revising the introductory text;
b. Removing paragraphs (b), (c), (g), and (h);
c. Redesignating paragraphs (d), (e), and (f) as paragraphs (b),
(c), and (d); and
d. Redesignating paragraphs (i), (j), and (k) as paragraphs (e),
(f), and (g); and
e. Revising newly designated paragraphs (e) and (f) to read as
follows:
Sec. 961.29 Other Federal Requirements.
In addition to the requirements set forth in 24 CFR part 5, use of
grant funds requires compliance with the following Federal
requirements:
* * * * *
(e) For IHAs, Sec. 950.115 of this chapter, ``Applicability of
civil rights requirements'', and Sec. 950.120 of this chapter,
``Compliance with other Federal requirements'', of this title apply and
control to the extent they may differ from other requirements of this
section;
(f) Indian preference. Applicants are subject to the Indian Civil
Rights Act (24 U.S.C . 1301), the provisions of section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450e(b)), and the Indian preference rules in the IHA procurement
regulations at 24 CFR part 950, subpart B. These provisions require, to
the greatest extent feasible, that preference and opportunities for
training and employment be given to Indians and that preference in the
award of subcontracts and subgrants be given to Indian Organizations
and Indian Owned Economic Enterprises.
PART 962--PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM
226. The authority citation for part 962 is revised to read as
follows:
Authority: 42 U.S.C. 1437f, 1437u, and 3535(d).
Subpart A--General
227. Section 962.103 is amended by removing the definitions of
``HUD or Department'', ``Public housing agency or PHA'', and
``Secretary'', and revising the introductory text to read as follows:
Sec. 962.103 Definitions.
The terms Department, HUD, Public housing agency (PHA), and
Secretary are defined in 24 CFR part 5.
* * * * *
PART 963--PUBLIC HOUSING--CONTRACTING WITH RESIDENT-OWNED
BUSINESSES
228. The authority citation for part 963 is revised to read as
follows:
Authority: 42 U.S.C. 1437 and 3535(d).
Subpart A--General
229. Section 963.5 is amended by removing the definitions of
``HUD'' and ``Public housing agency (PHA)'', and adding introductory
text to read as follows:
Sec. 963.5 Definitions.
The terms HUD and Public housing agency (PHA) are defined in 24 CFR
part 5.
* * * * *
PART 964--TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC
HOUSING
230. The Authority citation for part 964 continues to read as
follows:
Authority: 42 U.S.C. 1437d, 1437g, 1437l, 1437r, 1437t, and
3535(d).
Subpart A--General Provisions
231. Section 964.7 is amended by adding a definition of ``HA'' and
revising the definition of ``Public Housing Agency (HA)'' to read as
follows:
Sec. 964.7 Definitions.
* * * * *
HA means the same as Public Housing Agency (PHA).
* * * * *
Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *
232. Section 964.30 is revised to read as follows:
[[Page 5216]]
Sec. 964.30 Other Program requirements.
In addition to the requirements set forth in 24 CFR part 5, the
following Federal requirements apply to this program:
(a) Affirmative Outreach. (1) The Affirmative Fair Housing
Marketing Program requirements of 24 CFR part 200, subpart M and the
implementing regulations at 24 CFR part 108; and
(2) The fair housing advertising and poster guidelines at 24 CFR
parts 109 and 110.
(b) Title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12131) and implementing regulations at 28 CFR part 35.
PART 965--PHA-OWNED OR LEASED PROJECTS--MAINTENANCE AND OPERATION
233. The Authority citation for part 965 is revised to read as
follows:
Authority: 42 U.S.C. 1437, 1437a, 1437d, 1437g, and 3535(d).
Subpart H is also issued under 42 U.S.C. 4821-4846.
Subpart E--Tenant Allowances for Utilities
234. Section 965.472 is amended by revising the definition of
``Public Housing Agency [PHA]'' to read as follows:
Sec. 965.472 Definitions.
* * * * *
Public Housing Agency (PHA) is defined in 24 CFR part 5.
* * * * *
PART 968--PUBLIC HOUSING MODERNIZATION
235. The authority citation for part 968 is revised to read as
follows:
Authority: 42 U.S.C. 1437d, 1437l, and 3535(d).
Subpart A--General
236. Section 968.105 is amended by removing the definitions of
``HUD'' and ``PHA'', and revising the introductory text to read as
follows:
Sec. 968.105 Definitions.
The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR
part 5.
* * * * *
237. Section 968.110 is amended by:
a. The introductory text and paragraph (a) are revised;
b. Paragraphs (b) and (h) are removed and reserved. The revisions
read as follows:
Sec. 968.110 Other program requirements.
In addition to the Federal requirements set forth in 24 CFR part 5,
the PHA shall comply with the following program requirements:
(a) Nondiscrimination and equal opportunity. The PHA shall comply
with Title II of the Americans with Disabilities Act and 28 CFR part
35; section 503 of the Rehabilitation Act of 1973 and 41 CFR chapter
60-471; and the Architectural Barriers Act of 1968 (42 U.S.C. 4151-
4157) and 24 CFR part 40.
* * * * *
Subpart D--Vacancy Reduction Program
238. Section 968.405 is amended by removing the definitions of
``NOFA'' and ``PHA'', and revising the introductory text to read as
follows:
Sec. 968.405 Definitions.
In addition to the definitions applicable under Sec. 968.105, the
following definitions apply to this subpart. The terms NOFA and Public
Housing Agency (PHA) are defined in 24 CFR part 5.
* * * * *
PART 999--[REMOVED]
239. Part 999, consisting of Sec. 999.101, is removed.
CHAPTER XI--[REMOVED]
239a. ``CHAPTER XI--SOLAR ENERGY AND ENERGY CONSERVATION BANK,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'', is removed.
CHAPTER XV--[REMOVED]
239b. ``CHAPTER XV--MORTGAGE INSURANCE AND LOAN PROGRAMS UNDER THE
EMERGENCY HOMEOWNERS' RELIEF ACT, DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'', is removed.
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
240. The authority citation for part 3280 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d), 5403, and 5424.
Subpart A--General
Sec. 3280.2 [Amended]
241. Section 3280.2 is amended by removing the definition of
``Department.''
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
242. The authority citation for part 3282 is revised to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5424.
Subpart A--General
243. Section 3282.7 is amended by:
a. Revising the introductory text;
b. Removing paragraphs (k), (p), and (ee);
c. Redesignating paragraphs (l) through (o) as paragraphs (k)
through (n);
d. Redesignating paragraphs (q) through (dd) as paragraphs (p)
through (cc); and
e. Redesignating paragraphs (ff) through (oo) as paragraphs (ee)
through (nn) to read as follows:
Sec. 3282.7 Definitions.
The terms Department, HUD, and Secretary are defined in 24 CFR part
5.
* * * * *
Dated: January 18, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-2702 Filed 2-8-96; 8:45 am]
BILLING CODE 4210-32-P