---
kind: "section"
citation: "24 C.F.R. § 970.3"
title: "24"
number: "970.3"
heading: "Applicability."
url: "https://uscodex.org/cfr/24/970.3"
---

# §970.3. Applicability.

- (a) This part applies to public housing developments that are owned by public housing agencies (PHAs) and that are subject to annual contributions contracts (ACCs) under the Act.
- (b) **This part does not apply to the following—**
  - (1) PHA-owned [section 8](/cfr/24/8.md) housing, or housing leased under former sections 10(c) or 23 of the Act;
  - (2) Demolition or disposition before the date of full availability (DOFA) of property acquired incident to the development of a public housing project (however, this exception shall not apply to dwelling units under ACC);
  - (3) The conveyance of public housing for the purpose of providing homeownership opportunities for lower-income families under sections 21 and 32 of the Act (42 U.S.C. [1437s](/usc/42/1437s.md) and [42](/usc/42/42.md) U.S.C. 1437z-4, respectively), the homeownership program under former section 5(h) of the Act ([42 U.S.C. 1437c(h)](/usc/42/1437c.md?p=h)), or other predecessor homeownership programs;
  - (4) The leasing of dwelling or non-dwelling space incidental to the normal operation of the project for public housing purposes, as permitted by the ACC;
  - (5) Making available common areas and unoccupied dwelling units in public housing projects to provide HUD-approved economic self-sufficiency services and activities to promote employment of public housing residents;
  - (6) The reconfiguration of the interior space of buildings (e.g., moving or removing interior walls to change the design, sizes, or number of units) without “demolition,” as defined in [§ 970.5](/cfr/24/970.5.md). (This includes the conversion of bedroom size, occupancy type, changing the status of unit from dwelling to non-dwelling.);
  - (7) Easements, rights-of-way, and transfers of utility systems incident to the normal operation of the development for public housing purposes, as permitted by the ACC;
  - (8) A whole or partial taking by a public or quasi-public entity (taking agency) authorized to take real property by its use of police power or exercise of its power of eminent domain under state law. A taking does not qualify for the exception under this paragraph unless:
    - (i) The taking agency has been authorized to acquire real property by use of its police power or power of eminent domain under its state law;
    - (ii) The taking agency has taken at least the first step in formal proceedings under its state law; and
    - (iii) If the taking is for a federally assisted project, the Uniform Relocation Act (URA) ([42 U.S.C. 4601](/usc/42/4601.md) et seq.) applies to any resulting displacement of residents and it is the responsibility of the taking agency to comply with applicable URA requirements.
  - (9) Demolition after conveyance of a public housing project to a non-PHA entity in accordance with an approved homeownership program under Title III of the Cranston-Gonzalez National Affordable Housing Act (HOPE I) ([42 U.S.C. 1437aaa](/usc/42/1437aaa.md) note);
  - (10) Units or land leased for non-dwelling purposes for one year or less;
  - (11) A public housing property that is conveyed by a PHA prior to DOFA to enable an owner entity to develop the property using the mixed-finance development method;
  - (12) Disposition of public housing property for development pursuant to the mixed-finance development method at [24 CFR part 941](/cfr/24/part941.md), [subpart F](/cfr/24/subpartF.md);
  - (13) Demolition under the de minimis exception in [§ 970.27](/cfr/24/970.27.md), except that the environmental review provisions apply, including the provisions at §§ [970.7(a)(15)](/cfr/24/970.7.md?p=a-15) and [(b)(13)](/cfr/24/970.7.md?p=b-13) of this part.
  - (14) Demolition (but not disposition) of severely distressed units as part of a revitalization plan under section 24 of the Act ([42 U.S.C. 1437v](/usc/42/1437v.md)) (HOPE VI) approved after October 21, 1998;
  - (15) Demolition (but not disposition) of public housing developments removed from a PHA's inventory under section 33 of the Act, [42 U.S.C. 1437z-5](/usc/42/1437z-5.md).

## Notes

### Amendments

[71 FR 62362, Oct. 24, 2006, as amended at 73 FR 3868, Jan. 23, 2008]

### Authority

Authority: 42 U.S.C. 1437p and 3535(d).

### Source

Source: 71 FR 62362, Oct. 24, 2006, unless otherwise noted.

### Amendments

[71 FR 62362, Oct. 24, 2006, as amended at 73 FR 3868, Jan. 23, 2008]