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Below is the actual Section 3 HUD Handbook from 2005 that best
explains what Section 3 is and who it affects. There are additional
HUD regulations that support the policy on providing training and
employment opportunities for low and very low income people. We
know the regulations and are happy to navigate this challenging requirement
with and for you.
We routinely answer questions from housing staff, low-income and
public housing residents, and contractors without cost. Let
us help you today by calling us toll free at 1-888-663-9323 or email
keiths@motivation-inc.com.
What is Section 3?
It is a means by which HUD fosters local economic development,
neighborhood economic improvement, and individual self-sufficiency.
Section 3 is the legal basis for providing jobs for residents and
awarding contracts to businesses in areas receiving certain types
of HUD financial assistance.
Under Section 3 of the HUD Act of 1968, wherever HUD financial assistance
is expended for housing or community development, to the greatest extent
feasible, economic opportunities will be given to Section 3 residents
and businesses in that area.
Section 3 Policy
Congress established the Section 3 policy to guarantee that
the employment and other economic opportunities created by Federal
financial assistance for housing and community development programs
should, if possible, be directed toward low- and very-low income
persons, particularly those who are recipients of government assistance
for housing.
Who are Section 3 residents?
Section 3 residents are:
- Public housing residents
- Low and very-low income persons who live in the metropolitan
area or non-metropolitan county where a HUD-assisted project for housing
or community development is located.
Determining Income Levels
- Low income is defined as 80% or below the median income
of that area
- Very low income is defined as 50% or below the median income
of that area
- Median incomes can be found using the American Fact Finder
at
What is a Section 3 business & what types of economic
opportunities are available under Section 3?
A business:
- That is at least 51 percent or more owned by Section 3
residents,
- Whose permanent, full-time employees include persons, at
least 30 percent of whom are currently Section 3 residents, or within
three years of the date of first employment with the business concern
were Section 3 residents, or
- That provides evidence of a commitment to subcontract in
excess of 25 percent of the dollar award of all subcontracts to be awarded
to a Section 3 business concern.
Types of Opportunities:
Job Training Employment Contracts Examples include:
| Administrative/ Management |
accounting
payroll |
research
bookkeeping |
purchasing
word processing |
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| Services |
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appliance repair
florists
marketing
carpet installation |
janitorial
photography
catering
landscaping |
printing
computer/information
manufacturing
transportation |
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| Construction |
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architecture
bricklaying
carpentry
cement/masonry
demolition
drywall |
electrical
elevator construction
engineering
fencing
heating
iron works |
machine operation
painting
plastering
plumbing
surveying
tile setting |
Who will award the economic opportunities?
Recipients of HUD financial assistance and their contractors
and subcontractors are required to provide economic opportunities,
to the greatest extent possible, consistent with existing Federal,
State, and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
- Persons in public and assisted housing
- Persons in the area where the HUD financial assistance
is expended
- Participants in HUD Youthbuild programs
- Homeless persons
For contracting:
Businesses that meet the definition of a Section 3 business
concern
How can businesses find Section 3 residents to work
for them?
Businesses can recruit in the neighborhood and public housing
developments to inform residents about available training and job opportunities.
Distributing flyers, posting signs, placing ads, and contacting resident
organizations and local community development and employment agencies
to locate potential workers are effective ways of acquiring jobs.
Are recipients, contractors and subcontractors required to provide long-term
employment opportunities, and not simply seasonal or temporary employment?
Recipients are required, to the greatest extent feasible, to provide
all types of employment opportunities to low and very low-income persons,
including seasonal and temporary employment, as well as long-term jobs.
Employment goals are based on "new hires", which are defined
as full-time employees for permanent, temporary or seasonal employment
opportunities.
Recipients and contractors are encouraged to provide long-term employment.
At least 30 percent of the permanent, full-time employees hired should
be Section 3 residents. After a Section 3 employee has been employed
for 3 years, the employee may no longer be counted as a Section 3 employee
to meet the 30 percent requirement. This requires recipients to continue
hiring Section 3 residents when employment opportunities are available.
How can businesses and low income persons find out
more about Section 3?
Contact the Fair Housing and Equal Opportunity representative
at your nearest HUD Field Office or the HUD community Builder.
What if it appears an entity is not complying with
Section 3?
There is a complaint process. Section 3 residents, businesses,
or a representative for either may file complaints if they believe a
violation of Section 3 requirements has occurred where a HUD-funded project
is planned or underway. Complaints will be investigated; if appropriate,
voluntary resolutions will be sought. A complaint that cannot be resolved
voluntarily may result in an administrative hearing.
Will HUD require compliance?
Yes. HUD receives annual reports from recipients, monitors
the performance of contractors, and investigates complaints. HUD
examines employment and contract records for evidence of actions
taken to train and employ Section 3 residents and to award contracts
to Section 3 businesses.
How can businesses or residents pursue an alleged violation
of Section 3?
You can file a written complaint with the local HUD Field
Office or mail it to:
The Assistant Secretary for Fair Housing and Equal Opportunity
Attn: Office of Economic Opportunity
U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.
Room 5100
Washington, D.C. 20410-2000
A written complaint should contain:
Name and address of the person filing the complaint
Name and address of subject of complaint (HUD recipient,
contractor or subcontractor)
Description of acts or omissions in alleged violation of
Section 3
Statement of corrective action sought i.e. training, employment,
or contracts
U.S. Department of Housing and Urban Development
451 7th Street S.W., Washington, DC 20410
Telephone: (202) 708-1112 TTY: (202) 708-1455
http://www.hud.gov/offices/fheo/section3/section3brochure.cfm
If you are interested in learning more about the Section 3 program and
how to create resident owned businesses, call Motivation, Inc. toll free
at 1-888-663-9323 or e-mail us at keiths@motivation-inc.com or click
on contact us if you are viewing this on the web site.
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