PURPOSE
Section 3 of the
Housing and Urban Development Act of 1968, as amended by the Housing and
Community Development Act of 1992, requires that recipients of financial
assistance provided by the U.S. Department of Housing & Urban Development
("HUD"), including developers, owners, contractors and their subcontractors
provide, "to the greatest extent feasible", training and employment
opportunities for low income area residents and contract opportunities for the
performance of work by local businesses owned by and/or employing low income
residents.
APPLICABILITY
HUD requires HPD
to collect information on every Sponsor, Contractor, Sub-Contractor, etc. that
receives a contract or loan agreement, funded entirely or in part, by federal
funds in excess of $100,000, to insure compliance with Section 3
regulations. Section 3 applies to contracts for professional services and
for construction work.
SECTION 3 RESIDENTS
Section 3
residents are those individuals living in New York City who are EITHER residents
of NYCHA housing OR whose median household income (varies by household size) is
80% or less of the area median income. In New York City, the maximum
income for each household size is shown in this chart:
|
# of
Persons in Household
|
Gross Household Income Max.
|
|
1
Person |
$39,700 |
|
2
Persons |
$45,350 |
|
3
Persons |
$51,050 |
|
4
Persons |
$56,700 |
|
5
Persons |
$61,250 |
|
6
Persons |
$65,750 |
|
7
Persons |
$70,300 |
|
8
Persons |
$74,850 |
Section 3 employment guidelines are triggered
by the need for new full time hires (be they seasonal, permanent, or
temporary). Section 3 requires that Section 3 Residents have the
opportunity to apply to all available positions created on Section 3 covered
Projects. The types of applicable jobs include construction,
administrative, etc.; any and all jobs that arise in connection with
construction or rehabilitation activities.
SECTION 3 REPORTING
RESPONSIBLITIES: EMPLOYMENT/TRAINING
Sponsors, contractors and subcontractors must complete Form
S3-NHR, “Section 3 New Hire
Report”
to document all new hires and to indicate whether Section 3
residents were hired to fill any available positions. Use the definition of Section 3 Residents
found above as a guide for determining the status of all
new employees. Those entities that have direct agreements with HPD – sponsors
or contractors - regarding a Section 3 Project are responsible
for collecting Section 3 New Hire Reports from their contractors,
subcontractors, consultants, etc.
FINDING QUALIFIED SECTION 3
RESIDENTS
HPD has developed
relationships with construction employment and training agencies that offer
formal training, job readiness and pre-screening programs. These agencies
will help your firm to find qualified candidates for any construction trade or
management related job opportunities that may arise. Our current list is
available here: Section 3 Employment
Referral List
SECTION 3 CONTRACT
OPPORTUNITIES
Section 3 regulations require that recipients of
Section 3 covered assistance can demonstrate compliance with the goal of
extending contract opportunities to entities owned by or substantially employing
Section 3 residents by awarding contracts to Section 3 Business Concerns.
SECTION 3 BUSINESS CONCERN
Section 3 regulations define Section 3 Business Concern in one of
three ways:
The business is at least
51 percent or more owned and managed by Section 3 residents;
The permanent, full-time employees of the business include persons, at
least 30 percent of whom are Section 3 residents, or within three years of the
date of first employment with the business concern were Section 3
residents
The business documents
subcontracting at least 25% of its contract award to firms meeting one of the
two Section 3 Business Concerns definitions above.
CERTIFICATION
HPD has developed a
certification program for businesses seeking recognition as a Section 3 Business
Concern. Certified firms will be included in our online directory of
Section 3 Business Concerns and will receive information, counseling and
invitations regarding business opportunities from HPD and the New York City
Department of Small Business Services. To be considered for certification,
firms should complete and submit to the agency as per the instructions found
therein:
“Section 3 Business
Certification Package ”
SECTION 3 CONTRACTOR
RESPONSIBLITIES
Each Sponsor or Contractor signatory to an agreement
or contract covered by Section 3 must complete Form S3-C - “Section 3 Project
Summary”, which documents all contracting and subcontracting activity for each
quarterly period during the life of the project and indicates whether Section 3
Business Concerns were awarded contracts. Utilize the directory of Section
3 Business Concerns to determine the Section 3 status of all business
entities.
Form S3-C - “Section 3 Project
Summary ”