24CFR963.1, Contracting with Resident Owned Businesses

§ 960.707

24 CFR Ch. IX (4–1–23 Edition)

(1) Limits or impairs the rights of
persons with disabilities;
(2) Authorizes PHAs to limit or impair the rights of persons with disabilities; or
(3) Affects any authority that PHAs
may have to regulate service animals
that assist, support or provide service
to persons with disabilities, under Federal, State, or local law.

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§ 960.707

Pet ownership.

(a) Ownership Conditions. A resident
of a dwelling unit in public housing, as
that term is used in § 960.703, may own
one or more common household pets or
have one or more common household
pets present in the dwelling unit of
such resident, subject to the reasonable
requirements of the PHA, if the resident maintains each pet:
(1) Responsibly;
(2) In accordance with applicable
State and local public health, animal
control, and animal anti-cruelty laws
and regulations; and
(3) In accordance with the policies established in the PHA Annual Plan for
the agency as provided in part 903 of
this chapter.
(b) Reasonable requirements. Reasonable requirements may include but are
not limited to:
(1) Requiring payment of a non-refundable nominal fee to cover the reasonable operating costs to the development relating to the presence of pets, a
refundable pet deposit to cover additional costs attributable to the pet and
not otherwise covered, or both;
(2) Limitations on the number of animals in a unit, based on unit size;
(3) Prohibitions on types of animals
that the PHA classifies as dangerous,
provided that such classifications are
consistent with applicable State and
local law, and prohibitions on individual animals, based on certain factors, including the size and weight of
animals;
(4) Restrictions or prohibitions based
on size and type of building or project,
or other relevant conditions;
(5) Registration of the pet with the
PHA; and
(6) Requiring pet owners to have
their pets spayed or neutered.

(c) Restriction. A PHA may not require pet owners to have any pet’s
vocal chords removed.
(d) Pet deposit. A PHA that requires a
resident to pay a pet deposit must
place the deposit in an account of the
type required under applicable State or
local law for pet deposits or, if State or
local law has no requirements regarding pet deposits, for rental security deposits, if applicable. The PHA shall
comply with such applicable law as to
retention of the deposit, interest, and
return of the deposit or portion thereof
to the resident, and any other applicable requirements.
(e) PHA Plan. Unless otherwise provided by § 903.11 of this chapter, Annual
Plans are required to contain information regarding the PHA’s pet policies,
as described in § 903.7(n) of this chapter,
beginning with PHA fiscal years that
commence on or after January 1, 2001.

PART 963—PUBLIC HOUSING—
CONTRACTING WITH RESIDENTOWNED BUSINESSES
Subpart A—General
Sec.
963.1
963.3
963.5

Purpose.
Applicability.
Definitions.

Subpart B—Contracting with ResidentOwned Businesses
963.10
963.12

Eligible resident-owned businesses.
Alternative procurement process.

AUTHORITY: 42 U.S.C. 1437 and 3535(d).
SOURCE: 57 FR 20189, May 11, 1992, unless
otherwise noted.

Subpart A—General
§ 963.1

Purpose.

The purpose of this part is to enhance the economic opportunities of
public housing residents by providing
public housing agencies with a method
of soliciting and contracting with eligible and qualifed resident-owned businesses (as defined in this part) for public housing services, supplies, or construction. The contract award method
provided by this part is based on the
established procurement procedures set
forth in 24 CFR 85.36 (as revised April 1,

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Asst. Secry., for Public and Indian Housing, HUD
2013), with solicitation as provided by
these procedures limited to residentowned businesses. The contract award
method provided by this part is not a
requirement. It is an alternative procurement method available to public
housing agencies, subject to the conditions set forth in this part, and subject
to permissibility under State and local
laws.
[57 FR 20189, May 11, 1992, as amended at 80
FR 75942, Dec. 7, 2015]

§ 963.3

Applicability.

The policies and procedures contained in this part apply to public
housing developments that are owned
by public housing agencies (PHAs) and
that are covered by Annual Contributions Contracts (ACC) with the Department. Public housing contracts eligible
to be awarded under the alternative
procurement process provided by this
part are limited to individual contracts
that do not exceed $1,000,000. Residentowned businesses eligible to participate in the alternative procurement
process are limited to those that meet
the eligibility requirements of § 963.10.
The policies and procedures contained
in this part are consistent with the objectives of section 3 of the Housing and
Urban Development Act of 1968 (12
U.S.C. 1701u), and similar Federal requirements imposed on public housing
programs. (See 24 CFR 941.208(a) and 24
CFR 968.110(a)).
[57 FR 20189, May 11, 1992, as amended at 59
FR 33895, June 30, 1994]

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§ 963.5

Definitions.

The terms HUD and Public housing
agency (PHA) are defined in 24 CFR
part 5.
Act. The U.S. Housing Act of 1937 (42
U.S.C. 1437).
Alternative procurement process. The
alternative method of public housing
contract award available to public
housing agencies and eligible residentowned businesses under the conditions
set forth in this part.
Annual Contributions Contract (ACC).
See definition in 24 CFR 968.105.
Certification. A written assertion
based on supporting evidence, which
shall be kept available for inspection
by the Secretary, the Inspector Gen-

§ 963.5

eral, and the public, which assertion
shall be deemed to be accurate for purposes of this part, unless the Secretary
determines otherwise after inspecting
the evidence and providing due notice
and opportunity for comment.
Contract or public housing contract.
Any contract awarded by a PHA for
services, supplies, or construction necessary for the development, operation,
modernization, or maintenance of public housing.
Management officials. The individuals
who possess the power to make the
day-to-day, as well as major, decisions
on matters of management, policy, and
operations of the resident-owned business.
Principal. An owner, partner, director, or management official of the resident-owned business with the power
and authority to represent the business
and to execute contract, leases, agreements, and other documents on behalf
of the business.
Public housing or public housing development. Any public housing development which is owned by a Public Housing Agency (PHA) and is receiving
funds under an Annual Contribution
Contract (ACC).
Public housing resident. Any individual who resides in public housing as
a signatory on a public housing lease,
or as a member of the family of the individual(s) who is the signatory on the
public housing lease.
Resident-owned business. Any business
concern which is owned and controlled
by public housing residents. (The term
‘‘resident-owned business’’ includes
sole proprietorships.) For purposes of
this part, ‘‘owned and controlled’’
means a business:
(1) Which is at least 51 percent owned
by one or more public housing residents; and
(2) Whose management and daily
business operations are controlled by
one or more such individuals.
All securities which constitute ownership or control of a corporation for purposes of establishing the business as a
resident-owned business shall be held
directly by the public housing residents. No securities held in trust, or by
any guardian for a minor, shall be considered as held by the public housing

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