---
kind: "section"
citation: "24 C.F.R. § 1000.134"
title: "24"
number: "1000.134"
heading: "When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?"
url: "https://uscodex.org/cfr/24/1000.134"
---

# §1000.134. When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock?

- (a) A recipient (or entity funded by a recipient) may undertake a planned demolition or disposal of current assisted stock owned by the recipient or an entity funded by the recipient when:
  - (1) A financial analysis demonstrates that it is more cost-effective or housing program-effective for the recipient to demolish or dispose of the unit than to continue to operate or own it; or
  - (2) The housing unit has been condemned by the government which has authority over the unit; or
  - (3) The housing unit is an imminent threat to the health and safety of housing residents; or
  - (4) **Continued habitation of a housing unit is inadvisable due to cultural or historical considerations.**
- (b) No action to demolish or dispose of the property other than performing the analysis cited in [paragraph (a)](#a) of this section can be taken until HUD has been notified in writing of the recipient's intent to demolish or dispose of the housing units consistent with [section 102(c)(4)(H)](/cfr/24/102.md?p=c-4-H) of NAHASDA. The written notification must set out the analysis used to arrive at the decision to demolish or dispose of the property and may be set out in a recipient's IHP or in a separate submission to HUD.
- (c) In any disposition sale of a housing unit, a sale process designed to maximize the sale price will be used. However, where the sale is to a low-income Indian family, the home may be disposed of without maximizing the sale price so long as such price is consistent with a recipient's IHP. The sale proceeds from the disposition of any housing unit are program income under NAHASDA and must be used in accordance with the requirements of NAHASDA and these regulations.

## Notes

### Authority

Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

### Source

Source: 63 FR 12349, Mar. 12, 1998, unless otherwise noted.