For more than 30 years, residents using project-based Section 8 Housing Vouchers within the
City-State properties have participated in Tenant Council Elections along with the residents living
in public housing units at the sites, according to Robert Whitfield, an attorney representing the
CHA resident councils. But, for this election, the U. S. Department of Housing and Urban
Development put a stop to that before the November 2004 resident elections.
These residents living
in the CHA City-State properties were stripped of their voting privileges because they were not
developed under the United States Housing Act of 1937 and are not eligible for operating subsidy
because they do not qualify as public housing developments, according to HUD.
“The
regulations say it’s for public housing. City-State is not public housing. Public housing is
federally funded, and those projects are not federally funded,” said Janet Elson, a regional
counsel for HUD’s Illinois regional office during an interview in December.
CHA spokesperson
Derek Hill said HUD allowed the residents of their CHA City-State properties to vote in all of
these years.
“I think it was permissible by HUD in the past to do so because we were
overseeing the City-State. But we don’t run it or control it. We just oversee it because
it’s public housing. They are not our properties. They are City-State,” he told RJ in
late December.
Elson, who worked on CHA issues for over 15 years, said to her knowledge it
wasn’t allowed by HUD.
“They should be able to answer [why] themselves. We never
allowed it, as far as I know of, as far as from a legal perspective,” she said.
CHA and CAC
representatives asked Elson for the interpretation of the regulations, she said. That is how the
HUD legal department found out that these residents had been voting in the past.
“We got an
official request this year asking for the interpretation of the regulations. The long and the short
of it is that the legal department here was not asked previously, and we looked at the regulations.
We gave our opinion and hopefully it was followed properly,” Elson said.
November/December 2004 / Volume 8 / Number 1
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