Part

300

320

330

340

350

Part 300-General Procedural Provisions

Sec.

300.1 PHA records.

300.2 300.3

Final PHA action.

Claims cognizable under the Federal
Tort Claims Act.

AUTHORITY: §§ 300.1 to 300.3 issued under sec. 8, 50 Stat. 891; 42 U. S. C. and Sup., 1408. § 300.1 PHA records-(a) Availability of records. Section 3 (c) of the Administrative Procedure Act, approved June 11, 1946, requires that the PHA make its official records available to persons properly and directly concerned. The responsibility for compliance with this provision is vested in the Director of the Document Control Branch. Persons desiring to consult such records should apply, in writing, to the Director of the Document Control Branch, PHA, Longfellow Building, Washington 25, D. C. Such applications shall identify as precisely as possible the official records which the applicant desires to consult. The Director of the Document Con

trol Branch shall advise the applicant, in writing, either (1) of the time and place at which the records will be available to him; or (2) that the records are not available to the applicant, in which case the reasons for such action shall be briefly stated.

(b) Definition of official records. The term "official records" as used in this part means those documents which embody the official acts of the PHA. It does not include internal memoranda and other reports prepared by employees of the PHA for use within the PHA as they merely reflect research and analysis prior to official action. The term includes copies of:

(1) All contracts entered into by the United States Housing Authority or the PHA under the United States Housing Act of 1937, as amended, and all formal papers, reports, and documents required by these contracts to be filed with the PHA.

(2) All contracts to which the PHA is a party for the construction, operation, .

sale, or other disposition of permanent, or temporary war, or veterans housing facilities and all formal papers, reports, and documents required by those contracts to be filed with the PHA.

(3) All contracts, exclusive of those covered by subparagraphs (1) and (2) of this paragraph heretofore or hereafter administered by the PHA under E. O. 9070, February 24, 1942 (7 F. R. 1529; 3 CFR, 1943 Cum. Supp.), and all formal papers, reports, and documents required by those contracts to be filed with the PHA.

(4) All formal papers, forms, bids, contracts, and reports incident to the disposal of properties made available to the PHA by the War Assets Administration for disposal.

(5) Such other documents as the Director of the Document Control Branch in his sound discretion determines to be "official records."

[13 F. R. 8608]

§ 300.2 Final PHA action—(a) Availability of final PHA actions. Section 3 (b) of the Administrative Procedure Act, approved June 11, 1946, requires that the PHA make available to the public all final opinions or orders in the adjudication of cases and all rules. Except as hereinafter provided, the required information will be available at the Field Office having jurisdiction over the project covered by the particular action. It is the responsibility of the Field Office Director to assemble the actions in a form in which they may be readily consulted by members of the public. The only exceptions to the foregoing are the following:

(1) Actions on applications for tenancy. Information on final action on applications for tenancy shall be kept at the project office and made available to the public by the project manager.

(2) Project management procurement. Information as to final action of project managers in the procurement of supplies and materials for which such managers are authorized to contract, shall be kept at the project office and made available to the public by the project manager.

(b) Statements of procedure which may have been inadvertently omitted from this publication may be obtained from the Field Office having jurisdiction . of the subject matter involved.

(c) Whenever forms are specified in the procedures, copies thereof may be obtained from the Field Office, or Project Office, as indicated in the text.

[11 F. R. 177A-909, as amended and redesignated at 13 F. R. 8608]

§ 300.3 Claims cognizable under the Federal Tort Claims Act. (a) Claims of $1,000 or less, arising out of the negligent or wrongful acts or omissions of PHA employees acting within the scope of their employment, and which are otherwise cognizable under the Federal Tort Claims Act (Title IV, 60 Stat. 842), may be filed with the housing manager or project engineer of the project on which the damage, injury, or death occurs, or with the particular field office within whose jurisdiction the damage, injury, or death occurs, or directly with the PHA central office. Such claims must be filed within 1 year of the date of occurrence of the injury, damage, or death, or date of enactment of the Federal Tort Claims Act, whichever is later. Each field office and the central office has a committee of three persons responsible for investigating and recommending disposition of claims of this type.

(1) Such claim may be filed by the person sustaining the injury or damage in his own right; or by a person authorized by law to make the claim on behalf of the injured person or his estate; or by an attorney representing the claimant.

Claims filed by a person authorized by law to make the claim on behalf of the injured person or his estate must be accompanied by evidence establishing the claimant's right to make the claim.

Claims filed by an attorney must be accompanied by a duly authenticated power of attorney establishing his right to represent the claimant. In filing such power of attorney the attorney should state whether he claims a fee, the amount of which, however, will be determined by the PHA under the provisions of section 422 of the Federal Tort Claims Act.

(2) The claim must state the name, age and address of the injured person; all facts relating to the alleged damage, injury or death, including the date, place, circumstances, extent of damage or injury, and the parties involved; the sworn statements of witnesses which the claimant desires to be considered in the adjudication of the claim; the amount

of the claim (not exceeding $1,000); and whether the damage is covered in whole or in part by insurance, and if so, the name of the insurance company.

In addition to the foregoing, the claim must be supported by the following evidence and information:

(i) Property damage claims. Property damage claims must be supported by an itemized receipted bill or bills covering the repairs or replacement of the property damaged or destroyed or a notarized appraisal of the cost, strictly limited to such items of repair or replacement as were made necessary by the accident giving rise to the claim; and, if the claimant is not the owner of the property, evidence establishing the claimant's right to make the claim. The claimant must also state the place where the damaged property may be inspected.

Personal

(ii) Personal injury claims. injury claims must be supported by a medical certificate showing the nature and extent of the injury and the treatment thereof; receipted medical bills such as doctor's bills, hospital bills, nursing bills; and a sworn statement from the claimant's employer establishing the amount of time and compensation lost by reason of the injury.

(iii) Death claims. Death claims must be supported by a certified copy of the death certificate, and a statement of the basis upon which the amount of the claim was computed, accompanied by supporting evidence.

(3) The claimant will be notified of the action taken in each case. If the PHA determines that he is entitled to an award he will be required to complete U. S. Standard Form No. 1145, a copy of which will be furnished him.

[12 F. R. 3149, as amended and redesignated at 13 F. R. 8608]

AUTHORITY: §§ 320.1 to 320.10 issued under sec. 8, 50 Stat. 891; 42 U. S. C. and Sup., 1408. § 320.1 Definition of terms. Definitions as used in this part and in contracts of the PHA are as follows:

(a) Contract rent. The term "contract rent" means the rent charged a tenant for use of the dwelling accommodation, equipment, services and utilities provided by the project. "Contract rent" does not include charges for a utility or fuel which may be purchased by the project and sold to tenants as a transaction separate from the payment of rent, charges for any excess utility consumption, or charges for dwelling furniture.

(b) Gross rent. The term "gross rent" means "contract rent" plus the estimated average monthly (or weekly, if rent is on a weekly basis) cost to the tenant of utilities not provided by the project; except that the term does not include the estimated cost of ice or refrigeration energy when not included in contract rent.

(c) Shelter rent. The term "shelter rent," unless otherwise qualified, means the portion of "contract rent" exclusive of the charges or estimated charges for utilities furnished by the project. When properly qualified, however, the term may have other meanings; for example, "economic shelter rent" refers to that portion of economic rent exclusive of the cost to the project of utilities furnished by the project.

(d) Veteran. A veteran shall mean a person who has served in the military or naval forces of the United States for any period of time on or after September 16, 1940, and prior to the termination of the present war (a date yet to be determined) and who has been discharged or released therefrom under conditions other than dishonorable.

(e) Serviceman. A serviceman shall mean a person serving in the military or naval forces of the United States, who

served therein on or after September 16, 1940, and prior to the termination of the present war (a date yet to be determined).

(f) Military or naval forces. The term military or naval forces of the United States shall mean the Army, Navy, Marine Corps, Coast Guard and, since July 29, 1945, the commissioned corps of the United States Public Health Service. The term military or naval forces does not include the merchant marine, Red Cross or UNRRA.

men.

(g) Families of veterans and serviceA group of persons which constitutes a "family" in accordance with the definition of the term given in section 404 (a) of PHA requirements (see 24 CFR, 1945 Supp., 601.404 (a)) may be considered the family of a veteran or serviceman for waiver and preference purposes under the following circumstances:

(1) The veteran or serviceman is living with the family, irrespective of whether the veteran or serviceman is or is not the family head.

(2) The veteran or serviceman is the natural family head or principal wage earner but is temporarily absent from home by reason of a duty assignment, employment or school attendance in another locality, or hospitalization.

(3) The veteran or serviceman, a natural family head, is deceased (during or subsequent to military or naval service), or is permanently absent from his family by reason of divorce, separation, desertion, or permanent hospitalization. (The remarriage of a divorced spouse or a surviving spouse of a deceased veteran or serviceman shall terminate status as his family.)

[12 F. R. 209, as amended at 12 F. R. 1218, 2310, and 13 F. R. 8608. Redesignated at 13 F. R. 8608]

§ 320.2 Leasing of PWA housing projects. The PHA uses the service of qualified housing authorities in the management and operation of federally owned PWA housing within the jurisdictional area of such local authority provided that a lease arrangement can be made. Such local housing authority shall be considered qualified when in the judgment of the Assistant Commissioner for Field Operations there is assurance that it will manage and operate the PWA project in accordance with the agreement made with PHA and policies

and procedures established by PHA, consistent with such agreement.

[11 F. R. 177A-910, as amended and redesignated at 13 F. R. 8608]

§ 320.3 Determination of net annual income for families of servicemen and families with veteran members attending educational institutions-(a) Determination of net family income and family status of servicemen—(1) When serviceman is living with his family. All of the income received by the serviceman, including his base pay, all extra pay, subsistence and rental allowance, if any, and that portion of the family dependency allowance contributed by the Government, is included with income received by all family members from all sources. Deductions will be allowed as follows:

(i) Special occupational expenses necessary to employment and for which no reimbursement is made by the employer, but only to the extent by which such expenses exceed normal and usual expenses (e. g. noon-day meals and transportation to work) incident to employment.

(ii) Deductions from wages for social security, for pension or retirement funds, or for health, accident, or medical benefit plans, if required by law or required by the employer as a condition of employment.

(iii) Amounts actually paid, if reasonable and necessary, for the support of a person or persons not residing with the family but for whose support one or more members of the family are legally or morally responsible; but not including expense incurred for the support of children away from home for purposes of normal and voluntary education.

(iv) Amounts actually paid, if reasonable and necessary, for the care of children or aged or incapacitated family members in order to permit the employment of a sole worker.

The following items shall not be considered as allowable deductions: payroll deductions for income tax, payroll deductions not required by the employer as a condition of employment for pensions or other benefits, payments for war bonds, group health, group or other insurance, bills and garnishments, installment purchases, repayment of loans, or interest and finance charges on such items.

(2) When serviceman is absent from home. A family head e. g., a husband, will be considered as a member of the

family temporarily absent from home. An adult son or daughter, not a family head prior to service in the armed forces, will be considered as having severed ties with the family. Other questions of relationship to the family will be determined on an individual basis. When a serviceman is considered not a family member, only such portion of his income as is contributed regularly to the family will be included in the aggregate family income, with no deductions allowed. When a serviceman is considered a family member, his entire income (including extra pay for sea, overseas duty, submarine or field duty, longevity and other special but regular additions to pay for honor and merit awards plus full allowance for subsistence and rental, if any), that portion of the family dependency allowance contributed by the Government, and income to the family from all other sources will be included in computing the aggregate income of the family. In respect to such income, deductions specified in subparagraph (1) of this paragraph will be allowed, plus the following deductions for special occupational expenses of the serviceman incurred by reason of his living away from home: Such deduction may not be more than (i) the first $50 of base pay or so much thereof as remains after the serviceman's mandatory contribution to the family dependency allowance, plus (ii) 25 percent of his base pay over $50 per month. For officers who have no deductions from their pay for family allowance but who have extra living expenses the deductions will be $50 per month plus 25 percent of base pay over $50 per month.

(b) Determination of net income of families with veteran members attending educational institutions. The entire income of a veteran (1) living with the family, or (2) not living with the family but who is head of the family, will be included in aggregate family income. In the case of a veteran son or daughter, away from home while attending school, and not the head of the family, only such income as he or she actually contributes to the family will be included in aggregate family income. In any case where the veteran's relationship is other than family head, son or daughter, the local management will make an appropriate determination based on the facts in the particular circumstance. The amount of $65 per month (the subsist

ence allowance payable to a veteran without dependents under the "GI Bill of Rights" as amended, 58 Stat. 284; 38 U. S. C. 693-697) will be deducted from aggregate income to determine net income in the case of a family head who is absent from home while attending an educational institution and who is receiving a subsistence allowance. No deductions will be allowed for the support of a veteran who is living with his family while attending school or who is attending school at his own expense. Other deductions, as set forth in subparagraph (1) of this paragraph will be allowed.

(c) Cases involving exceptional circumstances. In exceptional cases deviations from the policies stated in paragraphs (a) and (b) of this section will be allowed where the tenant shows to the satisfaction of the local management that extraordinary expenses of the serviceman or veteran justify additional allowances.

[11 F. R. 10699, as amended and redesignated at 13 F. R. 8609]

§ 320.4 Citizenship. With respect to all low-rent projects for which contracts were entered into after April 18, 1940, and with respect to all leases for dwellings in PWA projects entered into after June 23, 1944, only citizens of the United States may be admitted as tenants; except that this requirement shall not be applicable in the case of the family of any serviceman or the family of any veteran who has been discharged (other than dishonorably) from, or the family of any serviceman who died in, the armed forces of the United States within 4 years prior to the date of application for admission. Non-citizens admitted prior to the dates set forth above may continue occupancy, if otherwise eligible.

[11 F. R. 14589, redesignated at 13 F. R. 8608]

§ 320.5 Removal of ineligible tenants from low-rent housing projects-(a) Statement of policy. (1) All families who are ineligible for continued occupancy in low-rent housing projects (in accordance with the conditions established in the approved Management Resolution) shall be given immediate notices to vacate, unless, pursuant to a formal request of the local housing authority, the PHA authorizes the spreading of removals over a period of time as provided in paragraph (b) of this section. Enforcement of such notices to vacate is subject to the limitations on

819590-49- -18