---
kind: "section"
citation: "24 C.F.R. § 990.245"
title: "24"
number: "990.245"
heading: "Types of appeals."
url: "https://uscodex.org/cfr/24/990.245"
---

# §990.245. Types of appeals.

- (a) **Streamlined appeal.** This appeal would demonstrate that the application of a specific Operating Fund formula component has a blatant and objective flaw.
- (b) **Appeal of formula income for economic hardship.** After a PHA's formula income has been frozen, the PHA can appeal to have its formula income adjusted to reflect a severe local economic hardship that is impacting the PHA's ability to maintain rental and other revenue.
- (c) **Appeal for specific local conditions.** This appeal would be based on demonstrations that the model's predictions are not reliable because of specific local conditions. To be eligible, the affected PHA must demonstrate a variance of ten percent or greater in its PEL.
- (d) **Appeal for changing market conditions.** A PHA may appeal to receive operating subsidy for vacant units due to changing market conditions, after a PHA has taken aggressive marketing and outreach measures to rent these units. For example, a PHA could appeal if it is located in an area experiencing population loss or economic dislocations that faces a lack of demand for housing in the foreseeable future.
- (e) **Appeal to substitute actual project cost data.** A PHA may appeal its PEL if it can produce actual project cost data derived from actual asset management, as outlined in subpart H of this part, for a period of at least two years.

## Notes

### Authority

Authority: 42 U.S.C. 1437g; 42 U.S.C. 3535(d).

### Source

Source: 70 FR 54997, Sept. 19, 2005, unless otherwise noted.