24 C.F.R. § 964.115

Resident council requirements

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A resident council shall consist of persons residing in public housing and must meet each of the following requirements in order to receive official recognition from the HA/HUD, and be eligible to receive funds for resident council activities, and stipends for officers for their related costs for volunteer work in public housing:

(a) It may represent residents residing:

(1) In scattered site buildings;

(2) In areas of contiguous row houses; or

(3) In one or more contiguous buildings;

(4) In a development; or

(5) In a combination of these buildings or developments;

(b) It must adopt written procedures such as by-laws, or a constitution which provides for the election of residents to the governing board by the voting membership of the residents residing in public housing, described in paragraph (b) of this section, on a regular basis but at least once every three (3) years. The written procedures must provide for the recall of the resident board by the voting membership. These provisions shall allow for a petition or other expression of the voting membership's desire for a recall election, and set the number of percentage of voting membership (“threshold”) who must be in agreement in order to hold a recall election. This threshold shall not be less than 10 percent of the voting membership.

(c) It must have a democratically elected governing board that is elected by the voting membership. At a minimum, the governing board should consist of five (5) elected board members.

The voting membership must consist of heads of households (any age) and other residents at least 18 years of age or older and whose name appears on a lease for the unit in the public housing that the resident council represents.

Notes of Decisions

Cited in 7 cases, 1995–2015 · leading case: Francis A. Mungiovi v. Chicago Hous. Auth., Essie Smith, & William Bradley, 98 F.3d 982 (7th Cir. 1996).

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Francis A. Mungiovi v. Chicago Hous. Auth., Essie Smith, & William Bradley, 98 F.3d 982 (7th Cir. 1996). “24 C.F.R. § 964.115 (c). Mungiovi filed this suit under 42 U.”

Kolio v. Hawaii Pub. Hous. Auth.., 349 P.3d 374 (Haw. 2015). “Í 8, housing authorities like HPHA must assist residents in establishing and maintaining a resident council upon the request of the residents.”

Gautreaux v. Chicago Hous. Auth., 475 F.3d 845 (7th Cir. 2007). “See 24 C.F.R. §§ 964.115 , 964.125. Each of these councils elects a president.”

Mungiovi v. Chicago Hous. Auth., 914 F. Supp. 207 (N.D. Ill. 1995). · cites it 3× “24 C.F.R. § 964.115 (c). 2 Rather, Mungiovi contends that he is asserting his rights as “Building President” or “President of a resident council.”

Alexandria Resident v. Alexandria Redevel (4th Cir. 1998). · cites it 5× “See 24 C.F.R. § 964.115 (a) (stating that a local resident council can repre- sent residents residing in scattered site buildings, areas of contiguous row houses, in one or more contiguous buildings, in a development, or in a combination of these buildings or developments).”

Alexandria Resident Council v. Alexandria Redevelopment & Hous. Auth., 979 F. Supp. 409 (E.D. Va. 1997). “5 The requirements for a resident council are set forth at 24 C.F.R. § 964.115 (1996). To receive official recognition from HUD and the relevant public housing authority and to be eligible to receive funds for resident council activities, the council must consist of persons…”

Mungiovi v. Chicago Hous. Auth., 901 F. Supp. 261 (N.D. Ill. 1995). “24 C.F.R. § 964.115 (c). Second, even if plaintiff can be considered a “resident council,” or was somehow authorized to bring suit on behalf of the real resident council, it is not clear that violations of 24 C.”

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