# Presentation: 538755

## Conflicts of Interest

-  Public Housing

-  Section 8

## Discussion Topics

- Conflicts of Interest in:
- Section 8
- Public Housing

**ALERT**:  ***Will discuss applicable Federal law, Federal regulations and Federal contract provisions...State and local conflict provisions not subject of this presentation***

## Conflicts of Interest

-   Procurement
- Non-procurement

-  Two Types

## Procurement Conflicts of Interest

- Procurement of:
- Property
- Service
- Governed by:
- 24 CFR 85.36(b)(3)
- and HUD handbook 7460.8 REV-1 (1/93)

- This presentation will cover non-procurement conflicts only....with one exception!

## Non-Procurement Conflicts

- What Regulations and Rules apply?
- Section 8
- 24 CFR 982.161
- Public Housing
- Section 19 of Part A of CACC

**ALERT**:  ***Check State and Local laws and regs!***

## Section 8 Conflicts

- 24 CFR 982.161
- PHA, its contractors and subs may not enter into a contract in connection with tenant-based programs if the following persons have an interest             in the contract:

## Section 8 Conflicts 

- Present or former members or officers of a PHA (except participant commissioners).
- Employees of a PHA or contractors, subs or agents of a PHA who:
- formulate policy or who influence decisions regarding the programs.

## Section 8 Conflicts

- Public Officials, members of  governmental bodies, or state or local legislators, who:
- Exercise functions or responsibilities regarding programs.
- Member of U.S. Congress.

**ALERT:** ***Reg applies during the person’s tenure and for one year thereafter.***

## Section 8 Conflicts

- Any conflicts must be disclosed to PHA and HUD.
- Conflicts of interest may be waived by HUD for good cause.

##     Public Housing Conflicts

- Section 19 of Part A of CACC
- HA, its contractors and subs may not enter into a contract in connection with a project under the ACC if the following persons have an interest in the contract:

##     Public Housing Conflicts

- Present or former members or officers of the HA or their immediate families.
- Employees of the HA, their immediate families or partners who:
- Formulate policy or who influence decisions regarding the project(s).

**ALERT: *****Rule does not apply to tenant commissioners in certain cases.***

##     Public Housing Conflicts

- Public officials, members of the local government body, or state or local legislators, or their immediate families who:
- Exercise functions or responsibilities regarding the project(s) or the HA.

**ALERT:  *****Section 19 applies during the person’s tenure and for one year thereafter.***

##     Public Housing Conflicts

- Conflicts must be disclosed to the HA and HUD.
- HUD may waive conflicts for good cause; IF permitted under State and Local law.
- Person requiring waiver cannot exercise responsibilities or functions regarding the contract to which the waiver pertains.

##     Public Housing Conflicts

- Conflicts of interest not applicable to  General Depository Agreements or to utility services.
- Conflict of interest policy under Section 19 of the ACC does not prohibit tenants of an HA from serving on the HA Board.

##     Public Housing Conflicts

- Conflict of interest provisions relating to a HA hiring employees who are immediate family members of:
- HA Board members or officers,
- HA employees who formulate policy or influence decisions regarding projects,
- Public officials of local government body or State or local legislators who exercise functions or responsibilities regarding projects of the HA.

**ALERT:  *****Just to make you aware...not to be discussed today.***

##     Public Housing Conflicts

- Other important points:
- Section 19 conflict of interest provisions do not apply to Indian HAs.
- An “Immediate family member” is:
- Spouse
- Children
- Mother or Father
- Brothers or Sisters
- “half” or “step” relatives included

##     When in Doubt?

- Contact your HUD Public Housing Specialist to resolve a question or conflict.