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 E—Determination and Payment of Operating Subsidy

24 C.F.R. § 990.210

Payment of operating subsidy

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(a) Payments of operating subsidy under the formula. HUD shall make monthly payments equal to 1/12 of a PHA's total annual operating subsidy under the formula by electronic funds transfers through HUD's automated disbursement system. HUD shall establish thresholds that permit PHAs to request monthly installments. Requests by PHAs that exceed these thresholds will be subject to HUD review. HUD approvals of requests that exceed these thresholds are limited to PHAs that have an unanticipated and immediate need for disbursement.

(b) Payments procedure. In the event that the amount of operating subsidy has not been determined by HUD as of the beginning of the funding period, operating subsidy shall be provided monthly, quarterly, or annually based on the amount of the PHA's previous year's formula or another amount that HUD may determine to be appropriate.

(c) Availability of funds. In the event that insufficient funds are available, HUD shall have discretion to revise, on a pro rata basis, the amounts of operating subsidy to be paid to PHAs.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2017–2021 · leading case: Boaz Hous. Auth. v. United States, 994 F.3d 1359 (Fed. Cir. 2021).
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Boaz Hous. Auth. v. United States, 994 F.3d 1359 (Fed. Cir. 2021). · cites it 3× “UNITED STATES 5 appeal is 24 C.F.R. § 990.210 (c), which provides HUD with “discretion to revise, on a pro rata basis, the amounts of operating subsidy to be paid to PHAs” where “insufficient funds are available.”
Pub. Hous. Authorities Directors Ass'n v. United States, 130 Fed. Cl. 522 (Fed. Cl. 2017). · cites it 4× “; Incorporation by Reference; Funds Subject to Availability; 24 C.F.R. § 990.210 (c). OPINION AND ORDER KAPLAN, Judge.”
Pub. Hous. Authorities Directors Ass'n v. United States (Fed. Cl. 2017). · cites it 4× “) by Reference; Funds Subject to ) Availability; 24 C.F.R. § 990.210 (c). Plaintiffs, ) ) v.”
Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 4× “With respect specifically to the zero-dollar threshold review process that HUD imposed on HACS — and about which HACS complains, see FAC ¶ 12 — the government relies upon 24 C.F.R. § 990.210 (a). Although that regulation does permit HUD to establish certain “thresholds,” it is…”
Hous. Auth. of the City of Slidell (Fed. Cl. 2020). · cites it 4× “With respect specifically to the zero-dollar threshold review process that HUD imposed on HACS — and about which HACS complains, see FAC ¶ 12 — the government relies upon 24 C.F.R. § 990.210 (a). Although that regulation does permit HUD to establish certain “thresholds,” it is…”
Boaz Hous. Auth. v. United States (Fed. Cl. 2018). · cites it 3× “24 C.F.R. § 990.210 (c). That provision states that “[i]n the event that insufficient funds are available, HUD shall have discretion to revise, on a pro rata basis, the amounts of operating subsidy to be paid to [public housing agencies].”
San Antonio Hous. Auth. v. United States (Fed. Cl. 2019). · cites it 3× “” 24 C.F.R. § 990.210 (2018). HUD’s regulations also note that the amount of “[o]perating subsidy payments will be limited to the availability of funds as described in § 990.”
Hous. Auth. of the City of New Haven v. United States (Fed. Cl. 2018). “That regulation was replaced by 24 C.F.R. § 990.210 effective November 18, 2005.”
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