Common use of Revitalized Public Housing Clause in Contracts

Revitalized Public Housing. The Development to be revitalized is a public housing development. Accordingly, certain activities under the Revitalization Plan are subject to statutory requirements applicable to public housing developments under the 1937 Act, other statutes and the ACC. Within such restrictions, HUD seeks innovative solutions under HOPE VI to the long-standing problems of distressed developments. For these reasons, HOPE VI is conformed with section 24(e) of the 1937 Act (as added by section 120 of the Housing and Community Development Act of 1992; "Section 24"). Section 24 permits the Secretary to waive or revise regulations governing rents, income eligibility and other areas of public housing management to permit Grantees to undertake measures that enhance the long-term viability of severely distressed public housing developments revitalized under HOPE VI. (At this point in time, however, the Secretary has not issued any revised regulations or rules under HOPE VI or regulations implementing Section 24.) Therefore, in order to satisfy any particular statutory requirement, the Grantee either may (i) comply with the requirements of existing regulations, or (ii) obtain HUD's approval, in writing, of its alternate, proposed method for complying with statutory requirements. In order to obtain HUD's approval to satisfy any particular statutory requirement, without taking the measures described in implementing regulations, the Grantee must submit a request with sufficient information and justification to enable HUD to make a determination of good cause for granting any such request to deviate from existing regulations. Until such time as the Grantee requests and HUD, in its discretion, approves any such requests in writing, the Grantee does not have authority to implement the activities described in the HOPE VI Application/Plan to which the request for approval applies (or for which a request for approval is needed). For the purposes of this Grant Agreement, such activities are ineligible and deemed removed from the Revitalization Plan until such time, if at all, as (i) HUD approves a request as provided above or (ii) the regulations are modified to permit the activities as described in the HOPE VI Application/Plan. Grantees will be permitted greater latitude if, in the future, Congress determines to reduce or modify such statutory restrictions affecting either public housing in general or the developments to be revitalized with HOPE VI funds in particular. Various issues have been raised by grantees in their HOPE VI Applications as areas in which innovation is sought. To facilitate these efforts, HUD is providing the following general guidance. Specific requests made by grantees in their Revitalization Plan will be responded to in writing by HUD, in the letter approving the Revitalization Plan, or Mixed-Finance Proposal if applicable), or otherwise.

Revitalized Public Housing. The Development to be revitalized is a public housing development. Accordingly, certain activities under the Revitalization Plan are subject to statutory requirements applicable to public housing developments under the 1937 Act, other statutes and the ACC. Within such restrictions, HUD seeks innovative solutions under HOPE VI to the long-standing problems of distressed developments. For these reasons, HOPE VI is conformed with section 24(e) of the 1937 Act (as added by section 120 of the Housing and Community Development Act of 1992; "Section 24"). Section 24 permits the Secretary to waive or revise regulations governing rents, income eligibility and other areas of public housing management to permit Grantees to undertake measures that enhance the long-term viability of severely distressed public housing developments revitalized under HOPE VI. (At this point in time, however, the Secretary has not issued any revised regulations or rules under HOPE VI or regulations implementing Section 24.) Therefore, in order to satisfy any particular statutory requirement, the Grantee either may (i) comply with the requirements of existing regulations, or (ii) obtain HUD's approval, in writing, of its alternate, proposed method for complying with statutory requirements. In order to obtain HUD's approval to satisfy any particular statutory requirement, without taking the measures described in implementing regulations, the Grantee must submit a request with sufficient information and justification to enable HUD to make a determination of good cause for granting any such request to deviate from existing regulations. Until such time as the Grantee requests and HUD, in its discretion, approves any such requests in writing, the Grantee does not have authority to implement the activities described in the HOPE VI Application/Plan Application to which the request for approval applies (or for which a request for approval is needed). For the purposes of this Grant Agreement, such activities are ineligible and deemed removed from the Revitalization Plan until such time, if at all, as (i) HUD approves a request as provided above or (ii) the regulations are modified to permit the activities as described in the HOPE VI Application/Plan. Grantees will be permitted greater latitude if, in the future, Congress determines to reduce or modify such statutory restrictions affecting either public housing in general or the developments to be revitalized with HOPE VI funds in particular. Various issues have been raised by grantees in their HOPE VI Applications as areas in which innovation is sought. To facilitate these efforts, HUD is providing the following general guidance. Specific requests made by grantees in their Revitalization Plan will be responded to in writing by HUD, in the letter approving the Revitalization Plan, or Mixed-Finance Proposal if applicable)Proposal, or otherwise.

Revitalized Public Housing. The Development to be revitalized is a public housing development. Accordingly, certain activities under the Revitalization Plan are subject to statutory requirements applicable to public housing developments under the 1937 Act, other statutes and the ACC. Within such restrictions, HUD seeks innovative solutions under HOPE VI to the long-standing problems of distressed developments. For these reasons, HOPE VI is conformed with section 24(e) of the 1937 Act (as added by section 120 of the Housing and Community Development Act of 1992; "Section 24"). Section 24 permits the Secretary to waive or revise regulations governing rents, income eligibility and other areas of public housing management to permit Grantees to undertake measures that enhance the long-term viability of severely distressed public housing developments revitalized under HOPE VI. (At this point in time, however, the Secretary has not issued any revised regulations or rules under HOPE VI or regulations implementing Section 24.) Therefore, in order to satisfy any particular statutory requirement, the Grantee either may (i) comply with the requirements of existing regulations, or (ii) obtain HUD's approval, in writing, of its alternate, proposed method for complying with statutory requirements. In order to obtain HUD's approval to satisfy any particular statutory requirement, without taking the measures described in implementing regulations, the Grantee must submit a request with sufficient information and justification to enable HUD to make a determination of good cause for granting any such request to deviate from existing regulations. Until such time as the Grantee requests and HUD, in its discretion, approves any such requests in writing, the Grantee does not have authority to implement the activities described in the HOPE VI Application/Plan Application to which the request for approval applies (or for which a request for approval is needed). For the purposes of this Grant Agreement, such activities are ineligible and deemed removed from the Revitalization Plan until such time, if at all, as (i) HUD approves a request as provided above or (ii) the regulations are modified to permit the activities as described in the HOPE VI Application/Plan. Grantees will be permitted greater latitude if, in the future, Congress determines to reduce or modify such statutory restrictions affecting either public housing in general or the developments to be revitalized with HOPE VI funds in particular. Various issues have been raised by grantees in their HOPE VI Applications as areas in which innovation is sought. To facilitate these efforts, HUD is providing the following general guidance. Specific requests made by grantees in their Revitalization Plan will be responded to in writing by HUD, in the letter approving the Revitalization Plan, or Mixed-Finance Proposal if applicable), or otherwise.