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14 �.
<br /> Federal Register J Vol. 61, No. 57 / Friday, March 22, 1996 i Rules and Regulations 11959
<br /> years will approach an appropriate households,for projects funded under following resignation or final closing, •
<br /> balance of housing opportunities within §§891.655 through 891.790), have been whichever occurs later.
<br /> and outside areas of minority successful in finding units in (2)The following contracts between
<br /> concentration.An appropriate balance nonminority areas under the Section 8 the Owner(or Borrower,as applicable)
<br /> in any jurisdiction must be determined Certificate and Housing Voucher and the Sponsor or the Sponsor's
<br /> in light of local conditions affecting the programs. nonprofit affiliate will not constitute a
<br /> range of housing choices available for (G) Comparable housing opportunities conflict of interest if no more than two
<br /> very low-income minority elderly or have been made available outside areas persons salaried by the Sponsor or
<br /> disabled households,as applicable(or of minority concentration through other management affiliate serve as nonvoting
<br /> low-income minority families,for programs. directors on the Owner's board of
<br /> projects funded under§§891.655 (4) Application of the overriding directors:
<br /> through 891.790),and in relation to the housing needs criterion,for example,
<br /> racial mix of the locality's population. permits approval of sites that are an (i)Management contracts(including
<br /> (it)Units may be considered to be integral part of an overall local strategy associated management fees);
<br /> comparable opportunities if they have for the preservation or restoration of the (it)Supportive services contracts
<br /> the same household type(elderly or immediate neighborhood and of sites in (including service fees) under the
<br /> disabled,as applicable)and tenure type a neighborhood experiencing significant Supportive Housing for the Elderly
<br /> (owner/renter);require approximately private investment that is demonstrably Program;and
<br /> the same total tenant payment:serve the changing the economic character of the (iii) Developer(consultant)contracts.
<br /> same income group;are located in the area(a"revitalizing area").An
<br /> same housing market:and are in overriding housing need,however,may (b)Identity of interest.An identity
<br /> standard condition. not serve as the basis for determining interest between the Sponsor or Owner
<br /> (iii)Application of this sufficient, that a site is acceptable if the only (or Borrower, applicable)and any
<br /> comparable opportunities standard reason the need cannot otherwise be development team member between
<br /> i
<br /> Involves assessing the overall impact of feasibly met is that discrimination on development team members after
<br /> HUD-assisted housing on the the basis of race,color,creed,sex,or prohibited until two years afte final
<br /> availability of housing choices for very national origin renders sites outside closing.
<br /> low-income minority elderly or disabled areas of minority concentration g 891.135 Amount and terns of capital
<br /> households,as applicable(or low- unavailable,or if the use of this advances.
<br /> Income minority families,for projects standard in recent years has had the
<br /> funded under§§891.655 through effect of circumventing the obligation to (a)Amount of capital advances.The
<br /> 891.790),in and outside areas of provide housing choice. amount of capital advances approved
<br /> minority concentration,and must take (d)The neighborhood must not be one shall be the amount stated in the
<br /> into account the extent to which the that is seriously detrimental to family notification of fund reservation,
<br /> following factors are present,along with life or in which substandard dwellings including any adjustment required by
<br /> any other factor relevant to housing or other undesirable conditions HUD before the final closing.The
<br /> choice: predominate,unless there is actively in amount of the capital advance may not
<br /> (A)A significant number of assisted progress a concerted program to remedy exceed the appropriate development
<br /> housing units are available outside areas the undesirable conditions, cost limit.
<br /> of minority concentration. (e)The housing must be accessible to (b)Estimated development cost.The
<br /> (B)There is significant integration of social.recreational,educational, amount of the capital advance may not
<br /> assisted housing projects constructed or commercial,and health facilities and exceed the total estimated development
<br /> rehabilitated in the past ten years, services,and other municipal facilities cost of the project(as determined by
<br /> relative to the racial mix of the eligible and services that are at least equivalent HUD),less the incremental development
<br /> po ulation. to those typically found in cost associated with excess amenities
<br /> rQ There are racially integrated neighborhoods consisting largely of and design features to be paid for by the
<br /> neigghborhoods in the locality. unassisted,standard housing of similar Sponsor under§891.120.
<br /> (D)Programs are operated by the market rents.
<br /> locality to assist minority elderly or (f)For the Section 811 Program of §891.140 Development cost limits.
<br /> disabled households,as applicable(or Supportive Housing for Persons with
<br /> minority families,for projects funded Disabilities,the additional site and (a) HUD shall use the development
<br /> under§§891.655 through 891.790 ,that cost limits.established ju Notice in the
<br /> g ) neighborhood requirements in§891.320 Federal Register and adjusted by
<br /> wish to find housing outside areas of apply, locality,to calculate the fund
<br /> minority concentration. reservation amount of the capital
<br /> (E) Minority elderly or disabled $891.130 Prohibited relationships. p
<br /> households,as applicable(or minority This section shall apply to capital advance to be made available to
<br /> families,for projects funded under advances under the Section 202 individual Owners.Owners that incur
<br /> §§891.655 through 891.790),have Program and the Section 811 Program, actual development costs that are less
<br /> benefitted from local activities (e.g., as well as to loans financed under than the amount of the initial fund
<br /> acquisition and write-down of sites,tax §§891.655 through 891.790. reservation shall be entitled to retain 50
<br /> relief programs for homeowners, (a) Conflicts of interest.(1)Officers percent of the savings in a Replacement
<br /> acquisitions of units for use as assisted and Board members of either the Reserve Account.Such percentage shall
<br /> housing units)undertaken to expand Sponsor or the Owner(or Borrower,as be increased to 75 percent for Owners
<br /> choice for minority households(or applicable)may not have any financial that add energy efficiency features.
<br /> families)outside of areas of minority interest in any contract with the Owner (b)The Replacement Reserve Account
<br /> concentration. or in any Firm which has a contract with established under paragraph(a)of this
<br /> (F)A significant proportion of the Owner.This restriction applies so section may only be used for repairs.
<br /> minority elderly or disabled long as the individual is serving on the replacements,and capital improvements
<br /> households,as applicable(or minority Board and for a period of three years to the project.
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