24 C.F.R. § 1000.310
What are the components of the IHBG formula?
The IHBG formula consists of four components:
(a) Formula Current Assisted Stock (FCAS) (§ 1000.316);
(b) Need (§ 1000.324);
(c) 1996 Minimum (§ 1000.340); and
(d) Undisbursed IHBG funds factor (§ 1000.342).
Notes of Decisions
Cited in 12
cases, 2006–2017 · leading case: United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Dep't of Hous. & Urban Dev., 567 F.3d 1235 (10th Cir. 2009).
United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Dep't of Hous. & Urban Dev., 567 F.3d 1235 (10th Cir. 2009). “24 C.F.R. § 1000.310 . Generally, the amount of annual funding for an Indian tribe is the sum of the FCAS component and the Need component.”
Modoc Lassen Indian Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 881 F.3d 1181 (10th Cir. 2017). “§ 4152 (a)(1); 24 C.F.R. §§ 1000.310 (a), 1000.316. Critically, HUD relies on each tribe to provide an accurate yearly count of its eligible housing units.”
Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 367 F. App'x 884 (10th Cir. 2010). “” 7 24 C.F.R. § 1000.310 . In accor *887 dance with the formula, to determine the amount of funding a Tribal Housing Entity would receive in a particular fiscal year, HUD first calculated the number of current units owned or operated by each Tribal Housing Entity and earmarked…”
Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 435 F. Supp. 2d 1125 (D. Colo. 2006). “24 C.F.R. § 1000.310 . 3 The FCAS component is based on a tribe’s inventory of low-income housing units, which may include low-rent units, Mutual Help and Turnkey III units.”
Fort Belknap Hous. Dep't v. Off. of Pub. & Indian Hous., 726 F.3d 1099 (9th Cir. 2013). “” 24 C.F.R. § 1000.310 . The FCAS component, which is at issue in this case, reflects the number of low-income housing units owned or operated by the Tribe/ TDHE, multiplied by a fixed subsidy *1101 amount.”
Yakama Nation Hous. Auth. v. United States, 102 Fed. Cl. 478 (Fed. Cl. 2011). “at 886 (citing 24 C.F.R. § 1000.310 ). The FCAS component is based upon a tribe’s inventory of rental units and lease-to-own units (referred to as “Mutual Help” and “Turnkey III” units) as of the date the Act became effective.”
Crow Tribal Hous. Auth. v. U.S. Dep't of Hous. & Urban Dev., 781 F.3d 1095 (9th Cir. 2015). “24 C.F.R. § 1000.310 . The FCAS is the product of multiplying a fixed subsidy by the number of low-income housing units a tribe owns or operates.”
Modoc Lassen Indian Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 864 F.3d 1212 (10th Cir. 2017). “§ 4152 (a)(1); 24 C.F.R. §§ 1000.310 (a), 1000.316. Critically, HUD relies on each tribe to provide an accurate yearly count of its eligible housing units.”
Lummi Tribe of the Lummi Reservation v. United States, 112 Fed. Cl. 353 (Fed. Cl. 2013). “” 24 C.F.R. § 1000.310 . The regulations indicated that funding was to be allocated on the basis of the FCAS component first, with the remaining funds to be allocated according to need.”
Crow Tribal Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 924 F. Supp. 2d 1217 (D. Mont. 2013). “” 24 C.F.R. § 1000.310 . Current units were calculated to include all dwelling units owned or operated by an entity as of September 30, 1997, and limited other units.”
Lummi Tribe of the Lummi Reservation, Lummi Nation Hous. Auth., Fort Berthold Hous. Auth., & Hopi Tribal Hous. Auth. v. United States (Fed. Cl. 2013). “” 24 C.F.R. § 1000.310 . The regulations indicated that funding was to be allocated on the basis of the FCAS component first, with the remaining funds to be allocated according to need.”
Hous. Auth. of the Te-Moak Tribe of W. Shoshone Indians v. United States Dep't of Hous. & Urban Dev., 85 F. Supp. 3d 1213 (D. Nev. 2015). “24 C.F.R. § 1000.310 . In accordance with this funding formula, to determine the amount of IHBG funding a tribe receives in a particular fiscal year, HUD first calculates the tribe’s current assisted housing stock (more commonly understood as the total number of assistance-based…”
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