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 Department of Housing & Urban Development
United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing & Urban Development (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 Housing Authority v. United States Department of Housing & Urban Development (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 Housing Authority v. United States Department of Housing & Urban Development (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 Housing Authority v. United States Department of Housing & Urban Development (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 Housing Department v. Office of Public & Indian Housing (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 Housing Authority v. United States (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 Housing Authority v. U.S. Department of Housing & Urban Development (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 Housing Authority v. United States Department of Housing & Urban Development (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 (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 Housing Authority v. United States Department of Housing & Urban Development (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 Housing Authority, Fort Berthold Housing Authority, and Hopi Tribal H (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.”
Housing Authority of the Te-Moak Tribe of Western Shoshone Indians v. United States Department of Housing & Urban Develo (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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