Dayton Human Relations Council

HUD Section 3

The HRC administers the Section 3 program and establishes inclusion goals for Section 3 contractors and workers. Section 3 is a provision of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) that is regulated by the provisions of 24 CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.

On November 30, 2020, the U.S. Department of Housing and Urban Development implemented the Section 3 Final Rule which shifted the focus of the provision from new hires for temporary opportunities, to long-term employment and job permanency for low-income workers (“Section 3 workers”).

What are the definitions?

Labor Hour – A labor hour is the time worked by a worker employed on a Section 3 Project; a labor hour under the Section 3 Final Rule excludes non-construction services that require an advanced degree or professional licensing (called a professional service labor hour)

Section 3 Worker – A Section 3 worker meets one or more of the following categories:

  • A low- or very low-income resident (the worker’s income for the previous or annualized calendar year is at or below the low-income limit as established by HUD);
  • Employed by a Section 3 Business Concern;
  • A YouthBuild participant

Targeted Section 3 Worker – For housing and community development projects funded by HUD, a Targeted Section 3 worker meets one or more of the following categories:

  • Employed by a Section 3 Business Concern;
  • Is currently or was when hired at least one of these categories as documented within the past 5 years:
    o Living within the service area or the neighborhood of the project, as defined in 24 CFR 75.5;
    o A YouthBuild participant

Section 3 Service Area – The Section 3 Service Area meets one of the following categories

  •  An area within one mile of the Section 3 project when 5,000 or more people live within one mile of the project; or
  • An area within a circle centered around the Section 3 project site that encompasses at least 5,000 people

Section 3 Business Concern – A Section 3 Business Concern, also known as a Section 3 Business, meets at least one of the following categories:

  • Is 51% or more owned and controlled by low or very-low income persons as defined by HUD;
  • Within the prior 3-month period, over 75% of the labor hours performed for the business are performed by Section 3 workers; or
  • Is 51% or more owned and controlled by current residents of public housing or Section 8-assisted housing

Safe Harbor Benchmark – A safe harbor benchmark is a provision of a statute or regulation that specifies certain conduct will be deemed to not violate a given rule

Why is Section 3 important to the City of Dayton?

The City of Dayton, as grantee for federal community development funds, is required by HUD to develop and implement a Section 3 program designed to ensure contracting and subcontracting opportunities for Section 3 designated companies, as well as hiring opportunities for residents in Section 3 designated neighborhoods. Dayton embraces the spirit and intent of its obligations under Section 3 and has set forth the following policies which are applicable to contractors, subcontractors, developers, and/or sub-recipients and others engaged in projects funded through the City of Dayton, Ohio with funds (meeting the respective established thresholds of $200,000 and $100,000) sourced from the U.S. Department of Housing and Urban Development. These policies are discussed in the Section 3 Guide Book, available for download under the “Section 3 Reference Materials” section below.

Eligibility for Section 3 Business Concern

The HRC is responsible for certifying Section 3 business concerns. The Section 3 Business Certification List, a list of Section 3 certified businesses, and the Section 3 Business Certification Application can be found in the “Section 3 Business Certification” section below. A list can also be obtained by calling (937) 333-1404.

Eligibility

  • 51% owned by a certified Section 3 eligible resident; or
  • 30% or more of the business’ permanent full-time employees are certified Section 3 residents or were Section 3 residents within their first three years of employment; or
  • 25% or more of the subcontracts are awarded to certified Section 3 business concerns

Eligibility for a Section 3 Resident

The HRC also certifies HUD Section 3 Residents. A copy of the Section 3 Resident Certification Application can be found in the “Section 3 Resident Certification” section below.

Companies submitting applications for current employees as documentation for business certification eligibility only need to require employees to submit the Income Certification Form and Section 3 Preference Form. These forms are available for download in the ”Section 3 Resident Certification” section below. Current employees will not be added to the notification list without the Section 3 Resident Certification Application.

Eligibility

  • Proof of residency (lease in a HUD or other federally assisted program)
  • Proof of public assistance, e.g. Temporary Assistance to Needy Families (TANF) recipients, etc.
  • Proof of participation in a federally assisted program such as job training programs, etc.
  • Proof of participation in a state or local assistance program, or other programs that assists low- or very-low income persons
  • Additional information on the HUD Section 3 Program can be found at www.hud.gov/section3.

Section 3 Reference Materials

Section 3 Business Certification

Section 3 Resident Certification

Certification Application

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