C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES › Subpart D—Allocation Formula

24 C.F.R. § 1000.318

When do units under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula?

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(a) Mutual Help and Turnkey III units shall no longer be considered Formula Current Assisted Stock when the Indian tribe, TDHE, or IHA no longer has the legal right to own, operate, or maintain the unit, whether such right is lost by conveyance, demolition, or otherwise, provided that:

(1) Conveyance of each Mutual Help or Turnkey III unit occurs as soon as practicable after a unit becomes eligible for conveyance by the terms of the MHOA; and

(2) The Indian tribe, TDHE, or IHA actively enforce strict compliance by the homebuyer with the terms and conditions of the MHOA, including the requirements for full and timely payment.

(b)(1) A Mutual Help or Turnkey III unit not conveyed after the unit becomes eligible for conveyance by the terms of the MHOA may continue to be considered Formula Current Assisted Stock only if a legal impediment prevented conveyance; the legal impediment continues to exist; the tribe, TDHE, or IHA has taken all other steps necessary for conveyance and all that remains for conveyance is a resolution of the legal impediment; and the tribe, TDHE, or IHA made the following reasonable efforts to overcome the impediments:

(i) No later than four months after the unit becomes eligible for conveyance, the tribe, TDHE, or IHA creates a written plan of action, which includes a description of specific legal impediments as well as specific, ongoing, and appropriate actions for each applicable unit that have been taken and will be taken to resolve the legal impediments within a 24-month period; and

(ii) The tribe, TDHE, or IHA has carried out or is carrying out the written plan of action; and

(iii) The tribe, TDHE, or IHA has documented undertaking the plan of action.

(2) No Mutual Help or Turnkey III unit will be considered FCAS 24 months after the date the unit became eligible for conveyance, unless the tribe, TDHE, or IHA provides evidence from a third party, such as a court or state or federal government agency, documenting that a legal impediment continues to prevent conveyance. FCAS units that have not been conveyed due to legal impediments on December 22, 2016 shall be treated as having become eligible for conveyance on December 22, 2016.

(c) Rental units shall continue to be included for formula purposes as long as they continue to be operated as low income rental units by the Indian tribe, TDHE, or IHA.

(d) Expired contract Section 8 units shall continue as rental units and be included in the formula as long as they are operated as low income rental units as included in the Indian tribe's or TDHE's Formula Response Form.

(e) A unit that is demolished pursuant to a planned demolition may be considered eligible as a FCAS unit if, after demolition is completed, the unit is rebuilt within one year. Demolition is completed when the site of the demolished unit is ready for rebuilding. If the unit cannot be rebuilt within one year because of relative administrative capacities and other challenges faced by the recipient, including, but not limited to geographic distribution within the Indian area and technical capacity, the Indian tribe, TDHE or IHA may request approval for a one-time, one-year extension. Requests must be submitted in writing and include a justification for the request.

[63 FR 12349, Mar. 12, 1998, as amended at 81 FR 83680, Nov. 22, 2016]
Notes of Decisions
Cited in 12 cases, 2006–2015 · leading case: Lummi Tribe of the Lummi Reservation v. United States
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Lummi Tribe of the Lummi Reservation v. United States (2011) uscfc · cites it 13× “In particular, the report criticized HUD for failing to enforce 24 C.F.R. § 1000.318 , a regulation specifying that housing units would no longer be considered FCAS “when the Indian tribe .”
Lummi Tribe of the Lummi Reservation v. United States (2013) uscfc · cites it 27× “S§ U01-m2 (2006): 24 C.F.R. § 1000.318 , a regulation directing the Department of Housing and Urban Development to remove housing units that are no longer owned or operated by a tribe from the Formula Current Assisted Stock component of the tribe’s funding calculation, does not…”
Fort Peck Housing Authority v. United States Department of Housing & Urban Development (2010) ca10 · cites it 9× “24 C.F.R. § 1000.318 . In subsequent years HUD mistakenly overpaid Fort Peck Housing Authority (Fort Peck) for dwelling units it no longer owned or operated.”
Yakama Nation Housing Authority v. United States (2011) uscfc · cites it 6× “Thus, this provision required that any Indian tribe wishing to pursue a claim based upon the previous version of the statute and 24 C.F.R. § 1000.318 needed to file suit by November 28, 2008.”
Lummi Tribe of the Lummi Reservation v. United States (2012) uscfc · cites it 4× “In particular, the report criticized HUD for failing to enforce 24 C.F.R. § 1000.318 , a regulation specifying that housing units are to be excluded from FCAS “when the Indian tribe .”
Fort Peck Housing Authority v. United States Department of Housing & Urban Development (2006) cod · cites it 4× “The OIG criticized HUD for a failure to enforce compliance with 24 C.F.R. § 1000.318 , saying: “Since Mutual Help and Turnkey III programs generally do not exceed 25-years, one can reasonably expect that some of these units should be paid-off, and the Housing Entities would no…”
Fort Belknap Housing Department v. Office of Public & Indian Housing (2013) ca9 · cites it 4× “See 24 C.F.R. § 1000.318 . To ensure the accuracy of each year’s FCAS calculation, HUD sends all eligible tribes/TDHEs a “Formula Response Form” and requires them to report any changes to their previously reported inventory of housing eligible for the IHBG Program.”
Crow Tribal Housing Authority v. U.S. Department of Housing & Urban Development (2015) ca9 · cites it 4× “The court concluded HUD properly reduced the number of FCAS-eligible units under 24 C.F.R. § 1000.318 . 3 Crow Housing has not appealed that decision.”
Crow Tribal Housing Authority v. United States Department of Housing & Urban Development (2013) mtd · cites it 8× “” 24 C.F.R. § 1000.318 (a). Units are to be removed from a Tribal Housing Authority’s inventory “as soon as practicable after the unit becomes eligible for conveyance.”
Lummi Tribe of the Lummi Reservation, Lummi Nation Housing Authority, Fort Berthold Housing Authority, and Hopi Tribal H (2013) uscfc · cites it 27× “§§ 4101–4212 (2006): NATION HOUSING AUTHORITY, ) 24 C.F.R. § 1000.318 , a regulation FORT BERTHOLD HOUSING ) directing the Department of Housing AUTHORITY, AND HOPI TRIBAL ) and Urban Development to remove HOUSING AUTHORITY, ) housing units that are no longer ) owned or operated…”
Walker River Paiute Tribe v. United States Department of Housing & Urban Development (2014) nvd · cites it 16× “See 24 C.F.R. § 1000.318 . 5 Section *1207 1000.”
Housing Authority of the Te-Moak Tribe of Western Shoshone Indians v. United States Department of Housing & Urban Develo (2015) nvd · cites it 15× “See 24 C.F.R. § 1000.318 . 6 Section 1000.318 specifically provides that a dwelling unit ceases to be counted for a tribe’s FCAS calculation once a tribe “no longer has the legal right to own, operate, or maintain the unit .”
— 24 C.F.R. § 1000.318(a)(1) — 2 cases
Lummi Tribe of the Lummi Reservation v. United States (2013) uscfc “S§ U01-m2 (2006): 24 C.F.R. § 1000.318 , a regulation directing the Department of Housing and Urban Development to remove housing units that are no longer owned or operated by a tribe from the Formula Current Assisted Stock component of the tribe’s funding calculation, does not…”
Lummi Tribe of the Lummi Reservation, Lummi Nation Housing Authority, Fort Berthold Housing Authority, and Hopi Tribal H (2013) uscfc “§§ 4101–4212 (2006): NATION HOUSING AUTHORITY, ) 24 C.F.R. § 1000.318 , a regulation FORT BERTHOLD HOUSING ) directing the Department of Housing AUTHORITY, AND HOPI TRIBAL ) and Urban Development to remove HOUSING AUTHORITY, ) housing units that are no longer ) owned or operated…”
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