C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 990—THE PUBLIC HOUSING OPERATING FUND PROGRAM › Subpart A—Purpose, Applicability, Formula, and Definitions

24 C.F.R. § 990.115

Definitions

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

The following definitions apply to the Operating Fund program:

1937 Act means the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.).

Annual contributions contract (ACC) is a contract prescribed by HUD for loans and contributions, which may be in the form of operating subsidy, whereby HUD agrees to provide financial assistance and the PHA agrees to comply with HUD requirements for the development and operation of its public housing projects.

Asset management is a management model that emphasizes project-based management, as well as long-term and strategic planning.

Current consumption level is the amount of each utility consumed at a project during the 12-month period that ended the June 30th prior to the beginning of the applicable funding period.

Eligible unit months (EUM) are the actual number of PHA units in eligible categories expressed in months for a specified time frame and for which a PHA receives operating subsidy.

Formula amount is the amount of operating subsidy a PHA is eligible to receive, expressed in whole dollars, as determined by the Operating Fund Formula.

Formula expense is an estimate of a PHA's operating expense used in the Operating Fund Formula.

Formula income is an estimate of a PHA's non-operating subsidy revenue used in the Operating Fund Formula.

Funding period is the calendar year for which HUD will distribute operating subsidy according to the Operating Fund Formula.

Operating Fund is the account/program authorized by section 9 of the 1937 Act for making operating subsidy available to PHAs for the operation and management of public housing.

Operating Fund Formula (or Formula) means the data and calculations used under this part to determine a PHA's amount of operating subsidy for a given period.

Operating subsidy is the amount of annual contributions for operations a PHA receives each funding period under section 9 of the 1937 Act as determined by the Operating Fund Formula in this part.

Other operating costs (add-ons) means PHA expenses that are recognized as formula expenses but are not included either in the project expense level or in the utility expense level.

Payable consumption level is the amount for all utilities consumed at a project that the Formula recognizes in the computation of a PHA's utility expense level at that project.

Per unit per month (PUM) describes a dollar amount on a monthly basis per unit, such as Project Expense Level, Utility Expense Level, and formula income.

Project means each PHA project under an ACC to which the Operating Fund Formula is applicable. However, for purposes of asset management, as described in subpart H of this part, projects may be as identified under the ACC or may be a reasonable grouping of projects or portions of a project or projects under the ACC.

Project-based management is the provision of property management services that is tailored to the unique needs of each property, given the resources available to that property.

Project expense level (PEL) is the amount of estimated expenses for each project (excluding utilities and add-ons) expressed as a PUM cost.

Project units means all dwelling units in all of a PHA's projects under an ACC.

Rolling base consumption level (RBCL) is the average of the yearly consumption levels for the 36-month period ending on the June 30th that is 18 months prior to the beginning of the applicable funding period.

Transition funding is the timing and amount by which a PHA will realize increases and reductions in operating subsidy based on the new funding levels of the Operating Fund Formula.

Unit months are the total number of project units in a PHA's inventory expressed in months for a specified time frame.

Utilities means electricity, gas, heating fuel, water, and sewerage service.

Utilities expense level (UEL) is a product of the utility rate multiplied by the payable consumption level multiplied by the utilities inflation factor expressed as a PUM dollar amount.

Utility rate (rate) means the actual average rate for any given utility for the most recent 12-month period that ended the June 30th prior to the beginning of the applicable funding period.

Yearly consumption level is the actual amount of each utility consumed at a project during a 12-month period ending June 30th.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1985–2023 · leading case: Boaz Hous. Auth. v. United States, 994 F.3d 1359 (Fed. Cir. 2021).
Sort: Relevance Newest Treatment
Boaz Hous. Auth. v. United States, 994 F.3d 1359 (Fed. Cir. 2021). · cites it 3× “” See 24 C.F.R. § 990.115 . Section 9 of the Housing Act constrains the ways in which PHAs may use their operating subsidy.”
Pub. Hous. Authorities Directors Ass'n v. United States, 130 Fed. Cl. 522 (Fed. Cl. 2017). · cites it 2× “” 24 C.F.R. § 990.115 . Under the Operating Fund Formula set forth in the regulations, PHAs are eligible for an operating subsidy (or annual contribution) equal to “the difference between formula expense and formula income.”
Beckham v. New York City Hous. Auth., 755 F.2d 1074 (2d Cir. 1985). “the defendants point to those provisions of the Act, see supra note 4, which require local public housing authorities to review the income of families living in their projects no less frequently than annually and HUD’s implementing regula *1079 tions that have conditioned the…”
Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 3× “at 36–37 (quoting 24 C.F.R. § 990.115 ). 12 Notably, the government nowhere invokes HACS ACC § 15.”
Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 3× “at 36–37 (quoting 24 C.F.R. § 990.115 ). 12 Notably, the government nowhere invokes HACS ACC § 15.”
Pub. Hous. Authorities Directors Ass'n v. United States (Fed. Cl. 2017). · cites it 2× “” 24 C.F.R. § 990.115 . Under the Operating Fund Formula set forth in the regulations, PHAs are eligible for an operating subsidy (or annual contribution) equal to “the difference between formula expense and formula income.”
Hous. Auth. of the City of New Haven v. United States (Fed. Cl. 2018). · cites it 2× “24 C.F.R. § 990.115 (2008). Congress established two sources of funds to accomplish its public housing objectives under Section 9: the Capital Fund and the Operating Fund.”
Boaz Hous. Auth. v. United States (Fed. Cl. 2018). “” 24 C.F.R. § 990.115 . The ACCs incorporate by reference Title 24 of the C.”
San Antonio Hous. Auth. v. United States (Fed. Cl. 2019). “” 24 C.F.R. § 990.115 (2018). The MTW Demonstration Program In 1996, as part of that year’s appropriation act for HUD, Congress authorized the “MTW demonstration program.”
Weeks v. United States (Fed. Cl. 2019). “”4 24 C.F.R. § 990.115 . Public housing authorities’ Section 9 program budgets are subject to HUD approval and oversight.”
Est. of DaMon R. Fisher v. City of Annapolis (D. Maryland 2023). “” See 24 C.F.R. § 990.115 . As a result, PHAs have a significant “amount of responsibility and flexibility in program administration,” 42 U.”
Johnson v. City of Annapolis (D. Maryland 2023). “” See 24 C.F.R. § 990.115 . As a result, PHAs have a significant “amount of responsibility and flexibility in program administration,” 42 U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.