C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM › Subpart D—Annual Contributions Contract and PHA Administration of Program

24 C.F.R. § 982.161

Conflict of interest

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(a) Neither the PHA nor any of its contractors or subcontractors may enter into any contract or arrangement in connection with the HCV program in which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter:

(1) Any present or former member or officer of the PHA (except a participant commissioner);

(2) Any employee of the PHA, or any contractor, subcontractor or agent of the PHA, who formulates policy or who influences decisions with respect to the programs;

(3) Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; or

(4) Any member of the Congress of the United States.

(b) Any member of the classes described in paragraph (a) of this section must disclose their interest or prospective interest to the PHA and HUD.

(c) The conflict of interest prohibition under this section may be waived by the HUD field office for good cause.

[60 FR 34695, July 3, 1995, as amended at 80 FR 8246, Feb. 17, 2015]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2001–2024 · leading case: United States v. David McKay Brian McKay, 274 F.3d 755 (2d Cir. 2001).
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United States v. David McKay Brian McKay, 274 F.3d 755 (2d Cir. 2001). “See 24 C.F.R. § 982.161 (a)(1). As Chairman of HHA’s Board of Commissioners, David McKay was disqualified by the HUD conflict of interest regulation from receipt as a landlord of subsidized rental payments.”
Traci Willis v. Bd. of Review (N.J. Super. Ct. App. Div. 2024). · cites it 3× “See 24 C.F.R. § 982.161 . With respect to her marriage to Mark Willis, the HACC found as the Director of the HACC HCV [p]rogram, your marriage to a landlord receiving subsidies under HACC's HCV [p]rogram is in violation of [the Local Government Ethics Law,] N.”
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