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CHAPTER II-HOUSING ASSISTANCE ADMINISTRATION, DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

Part 1500 General procedural provisions. 1520 Low-rent housing program.

ABBREVIATIONS: The following abbreviations are used in this chapter:

FHA=Federal Housing Administration. HHFA=Housing and Home Finance Agency. PHA=Public Housing Administration. HUD=Housing and Urban Development.

PART 1500–GENERAL PROCEDURAL

PROVISIONS Sec. 1500.1 Availability of records and informa

tion. 1500.3 Claims cognizable under Federal Tort

Claims Act. 1500.4 Testimony or production of records

by employees of the PHA. 1500.5 Representative appearances before

the PHA of former Government

Employees. 1500.6 Complaint procedures; equal oppor

tunity in housing. 1500.7 Complaint procedure; nondiscrimi

nation in low-rent public housing. AUTHORITY: The provisions of this Part 1500 issued under sec. 8, 50 Stat. 891, as amended; 42 U.S.C. 1408, except as otherwise noted. $ 1500.1 Availability of records and

information. Regulations of the Department of Housing and Urban Development providing where and how the Department's records and information may be obtained are found in Part 15 of Subtitle A of this title. (32 F.R. 13808, Oct. 4, 1967)

$ 1500.3 Claims cognizable under the

Federal Tort Claims Act. (a) The PHA will give consideration to claims brought under the Federal Tort Claims Act, as amended (28 U.S.C.A. Sections 2671–2680), if such claims meet all of the following conditions:

(1) They are for $2,500 or less;

(2) They are for injury or loss of property or personal injury or death;

(3) They result from the negligent or wrongful act or omission of an employee of the PHA acting within the scope of his employment;

(4) The PHA, if a private person, would be liable for the claim under the law of the place where the act or omission occurred.

(b) The following types of claims are excepted from the Federal Tort Claims Act by Section 421 (28 U.S.C.A. Section 2680) of that act and will not be considered by the PHA:

(1) Any claim based upon an act or omission of an employee, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid;

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(2) Any claim based upon the exercise ard Form 95 is not filled out in time. The or performance or the failure to exercise date of filing of the claim (the date reor perform a discretionary function or ceived by the PHA) will be made a matduty on the part of the PHA or an em- ter of record on the face of the claim. ployee, whether or not the discretion in- (g) Upon receipt of a Standard Form volved be abused;

95 in the PHA an investigation of the (3) Any claim arising out of the loss, claim will be made by a PHA investimiscarriage, or negligent transmission gator. A report of the investigation will of letters or postal matter;

be submitted to the PHA counsel for an (4) Any claim arising out of assault, opinion which will include findings and battery, false imprisonment, false arrest, a recommendation of award or denial. malicious prosecution, abuse of process, (h) The Comptroller, for claims arislibel, slander, misrepresentation, deceit, ing out of the acts or omissions of Cenor interference with contract rights. tral Ofice employees, and the Regional (c) A claim may be filed by:

Directors, for claims arising out of acts (1) The person injured or the owner or omissions of employees under their of the property lost or injured;

respective jurisdictions, will review the (2) His duly authorized agent or other case and make the final determination. legal representative if, by reason of The claimant will be notified of the dedeath, disability, or other reasons deemed termination of his claim as soon as satisfactory by the PHA, he is unable to possible. file a claim. In such cases, the claim (1) If the determination is that the shall show the capacity of the person claimant is entitled to an award, he will signing and shall be accompanied by evi

be required to complete Standard Form dence of the appointment of such person 1145, a copy of which will be furnished as agent, executor, administrator, guard- him. If all or part of the award is in lan, or other fiduciary. If an attorney favor of a subrogee of the person who representing a claimant claims a fee, he

actually sustained the damage or injury, shall file a statement to that effect.

the subrogee, as well as the claimant, (d) A claim should be filed at the

will be required to sign the Standard PHA project or Regional Office nearest Form 1145. The claimant will be paid the place where the damage or injury

after he has properly executed and reoccurred. Claims may also be filed with turned the necessary forms. the Central Office of the Public Housing

(j) If a claimant has been represented Administration, Longfellow Building,

by an attorney who claims a fee, the Washington, D.C. 20413,

counsel may recommend that fee be paid (e) The claim shall be presented to out of the award. If the award is $500 the PHA on Standard Form 95, “Claim

or more, the fee allowed may not exceed for Damage or Injury," which will be

ten percent (10%) of the award. If furnished by the PHA upon request, and the award is less than $500 a reasonable shall be accompanied by the substantiat

fee, not to exceed $50, may be allowed. ing evidence specified on the reverse side

(k) There shall be no administrative of the form. The claimant shall also fill in that portion of the Form on the

appeal by the claimant from the determi

nation of the Comptroller or Regional reverse side thereof which is headed “Instructions Regarding Insurance Cover

Directors set forth in paragraph (g) of

this section. age." If the claim is not submitted on Standard Form 95, the claimant shall be

121 F.R. 3457, May 24, 1956, as amended at furnished with copies of the Form and

25 F.R. 284, Jan. 14, 1960. Redesignated at

26 F.R. 7341, Aug. 12, 1961) required to fill it out and submit it with the required evidence. An insurance

$ 1500.4 Testimony or company or other person who has com

records by employees of the PHA. pensated the claimant for all or part of

(a) Definitions and scope. For purthe damage or injury on which the claim

poses of this section, the term: is based and who claims reimbursement

(1) "Testify” means to testify in adfrom the Government must clearly es

ministrative or court proceedings with tablish its rights as a subrogee.

respect to information obtained by a (f) A claim must be presented, in writ

PHA employee in the course of the pering, to the PHA within two years after

formance of his official duties. the claim has accrued. This requirement

(2) "Records" means any official files, is satisfied by the claimant's presenting the claim in writing even though stand

(3) "Produce recordsmeans to pro

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za matte istimony tesired a scords 50 | 13 the ser such testi

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(2) In Regional

production of

the prod project rt

shall be Regional Testimony or the pr ords is de mitted to

(3) Ap records v the matti to such p proving the publi

(d) A7 (1) Whe with a si or reques ords, he

documents, or other records of the PHA.

be made

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put inte! duce records in administrative or court

or the Regional Attorney, as the case proceedings.

may be, and if no affidavit has been sub

mitted, the General Counsel or the The procedure set forth in this section

Regional Attorney will notify the litigant does not relate to attachment or garnish

or other party in interest or his attorney ment proceedings involving debtor-em

that approval to testify or produce recployees of the PHA (19 F.R. 1851).

ords cannot be granted unless an afi(b) Approval to testify or produce

davit is submitted in accordance with records. No employee of the PHA shall

this section. testify or produce records, whether pur

(2) Whenever a subpoena has been suant to subpoena or subpoena duces

served and action by the approving offior claims tecum or otherwise, without the prior

cer has not been taken prior to the time ssions de approval of the appropriate official desig

specified in the subpoena for appearance nated below: the Pac (1) The Deputy Commissioner is au

in response thereto (whether because

no affidavit was submitted or because acthorized to grant such approval in all 23 under i

tion by the approving oficial on the aficases.

davit is pending), the employee shall, (2) The Regional Director is authorHetembris

unless otherwise instructed by the apSed of the

ized to grant such approval with respect
to Regional Office and project employees

proving officer, appear in response to the under his jurisdiction and with respect

subpoena and respectfully decline to to records in the Regional or project

testify or to produce records on the a is the offices under his jurisdiction.

grounds that such action is prohibited (c) Submission of affidavit. (1) Be

unless approved in accordance with this

section, and that no affidavit has been fore approval to testify or to produce records will be granted, the litigant or

submitted in accordance with this sec

tion, or that action by the approving ofiother party in interest or his attorney

cer on such an affidavit is still pending, shall submit an affidavit setting forth

as the case may be.
the nature of the proceeding, the admin-
istrative body or court before which the

(3) Whenever the approving officer proceeding is being conducted, the

has declined to grant approval to testify parties involved, the interest of the party

to to produce records, as to all or part seeking the information and/or records,

of the matters covered by a subpoena, the matters with respect to which the

the employee shall, unless otherwise intestimony of the officer or employee is

structed by the approving officer, appear desired and/or identification of the

in response to the subpoena and, with records sought to be produced, facts as

the respect to those matters for which to the service of any process compelling

approval has not been granted, respectsuch testimony or requiring the produc

fully decline to testify or to produce rec

ords on the grounds that such action is tion of records including the time and place of appearance designated in such

prohibited unless approved in accord

ance with this section and that such process, and any other pertinent facts. (2) In cases where the testimony of a

approval has been refused. Regional Office or project employee or

[21 F.R. 4047, June 13, 1956. Redesignated

at 26 F.R. 7341, Aug. 12, 1961) the production of Regional Office or project records is desired, the affidavit § 1500.5 Representative appearances beshall be submitted to the appropriate fore the PHA of former Government Regional Attorney. In cases where the employees. testimony of a Central Office employee

(a) Authorization to appear in repreor the production of Central Office rec

sentative capacity. No former officer or ords is desired, the affidavit shall be sub

employee of the United States or anyone mitted to the General Counsel.

knowingly acting on behalf of or under (3) Approval to testify or to produce

the direct supervision of such person, records will, in all cases, be limited to

may, within a period of two years after the matters set forth in the affidavit, or

the termination of such employment, apto such portions thereof as the PHA ap

pear in a representative capacity before proving officer may deem consistent with

the PHA unless, in each matter, he obthe public interest.

tains prior approval as prescribed here(d) Appearances by PHA employees.

in. The term “representative capacity" (1) Whenever a PHA employee is served

shall mean the function of rendering with a subpoena or is otherwise directed or requested to testify or to produce rec

representative services to any person, ords, he will notify the General Counsel

firm, corporation, or association.

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(b) Form of request. A request by a the Department of Justice to Prosecuting former oficer or employee of the United Authorities, August 27, 1953," construing States to appear in a representative ca- Title 18 U.S.C. 284. Letters of approval 10 pacity before the PHA shall be made by will include a statement that the apletter, in duplicate, addressed to the proval does not constitute a finding on Director of the Regional Office or head of the part of the PHA as to the relationship the Central Office Division before which of the proposed representation to the such former officer or employee desires provisions of Title 18 U.S.C. 284. Letters to appear. Each such request must set of denial will include a statement of the forth, under oath, the following infor- reasons for the decision and a statement mation:

that the applicant may, within 10 days, (1) A brief description of his duties appeal to the PHA Commissioner. and functions while employed with the (e) Appeals. An appeal for review by Government, and the duration of his the Commissioner shall be made in writemployment.

ing and shall be submitted to the Re(2) The subject and scope of the mat- gional Director or Division Head con- I hous ter in which he desires to appear in a cerned. The applicant will be notified representative capacity.

in writing of the Commissioner's decision. geling i (3) Whether the consideration of the [22 F.R. 371, Jan. 18, 1957. Redesignated at matter would have devolved upon any 26 F.R. 7341, Aug. 12, 1961) division, branch, or other unit in which

$ 1500.6 Complaint procedures; equal

Dy prace he was employed, either during or subsequent to his employment therein.

opportunity in housing. (4) Whether while he was employed

(a) Introduction. The procedures in by the Government, the matter was

this section are prescribed pursuant to pending therein; and, if it was

Executive Order 11063, dated November pending:

20, 1962, 27 F.R. 11527–30, and the statu(i) Whether he gave personal con

tory authority of the Public Housing sideration to it, or had any knowledge Commissioner to make such rules and

i, unde thereof while so employed; and

regulations as he may find necessary to (ii) Whether he is assisting or will be

carry out his functions, powers, and assisted by any person who has person

duties, 42 U.S.C. 1404a. They are for ally considered it or gained personal the purpose of carrying out the proviknowledge thereof while employed by the

sions of Executive Order 11063, Equal Government.

Opportunity in Housing, insofar as that (c) Violations. Any former officer or

order applies to the program of Federal employee of the United States violating

financial assistance for providing lowthe provisions of this section will be

rent public housing pursuant to the aubarred from appearing in a representa

thority of the United States Housing Act tive capacity before the PHA for such of 1937, as amended, 42 U.S.C. 1401 time as the Commissioner may prescribe. Also, if it appears that any violations of

(b) Definitions. As used in the prolaw are involved the matter will be re

cedures of this section, the term ferred to the Department of Justice.

(1) “Local Authority” means a "pub(d) Approval or denial of requests.

lic housing agency” as defined in section The Regional Director or Division Head

2(11) of the United States Housing Act to whom a request is made is authorized

of 1937, as amended, 42 U.S.C. 1402(11), to solicit such information as he may

having a contract for financial assistdeem necessary and to approve or deny

ance with the Public Housing Administhe request, subject to appeal to the

tration pursuant to that Act. Commissioner as provided for below.

(2) “Contract obligation" means the No approval to appear in a representative

obligation of a local authority under capacity before the PHA will be granted

either of the following provisions in any if such appearance would be in violation

contract between the Public Housing Adof law or otherwise contrary to the public

ministration and the local authority: interest, or might involve an improper

The local authority shall not discrimi, exercise of personal influence by the ap

nate because of race, color, creed, or national plicant. The applicant will be notified

origin in the sale, leasing, rental or other disof the decision in writing, and the notification will include, for the applicant's

of 1 med pro 3 subjec

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5) “Con Etusing Co

c) Com a discrimi with the a the Pu und must be from the d aty practi w the Reg a list of PI addresses published i

ize headin Agency, P1 Descriptio Informatic jurisdictio be obtair addressed ministrati

(2) AC and signed insofar as

position of housing or related facilities (in

cluding land) included in any Project of guidance, a copy of a document entitled

Projects initially covered after November 20,

1962, by a contract for annual contribu"Excerpt From Memorandum No. 40 of

tions under the United States Housing Act of 394

the local involved; iure of th

86-02

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