OLR:
Why we do what we do
Here
are the basic statutes and regulations governing labor standards
in HUD programs:
Community
Development Block Grant
Housing and Community Development Act of 1974, as Amended, Section
110
CDBG
Regulations: 24CFR 570.603
Exemption
for Indian CDBG Program
- 24CFR 1003.603
Home
National Affordable Housing Act of 1990, Section 286(a)
Home
Regulations: 24CFR 92.354
Public
and Indian Housing/Hawaiian Homelands
U.S. Housing Act of 1937, as amended, Section 12(a) for Public
Housing; and Native American Housing Assistance and Self-Determination
Act of 1996, as amended, Section 104(b) and 805(b) of the Indian
Housing and the Hawaiian Homelands, respectively.
PIH
Regulations:
Public Housing Modernization - 24CFR 968.110(e)
Indian
Housing - 24CFR 1000.16
Note the difference for the Public Housing statute & regulations.
They include both prevailing wage requirements for development work
(Davis-Bacon wages) and for operations (e.g., maintenance and nonroutine
maintenance) work. These additional clauses require that all maintenance
laborers and mechanics employed in the operation of low-income housing
projects/affordable housing be paid no less than the wage rates
prevailing in the locality as determined or adopted (subsequent
to a determination under applicable State, local or tribal law)
by HUD. OLR staff determines or adopts the prevailing wage rates
for public and Indian housing programs where such work is covered
by Tribally-determined prevailing wage rates. (Ref. NAHASDA,
Section 104(b)(3))
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