Energy Performance Contracting by Public Housing Authorities

  • Peter Funk
Keywords: Energy Performance


This article provides an overview of the legal and contractual considerations for certain performance contracts for energy conservation and on-site energy generation projects for public housing authority (PHA) facilities. It focuses on the importance of achieving an effective and comprehensive energy audit agreement as an initial step in the process. It considers U.S. Department of Housing and Urban Development (HUD) requirements together with construction, financing and guarantee considerations.


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Author Biography

Peter Funk

Peter Funk is a partner in the law firm of Funk & Zeifer LLP in New York City. He has an extensive background in unregulated and regulated electricity and gas. He advises private and public clients with regard to energy matters. His public entity representations include public housing authorities, municipalities, school districts, hospitals and others regarding energy conservation, management and on-site generation projects together with energy procurement. His private energy sector representations have included energy services companies, developers and endusers together with gas and electric utilities. His experience includes interconnection, transmission and distribution concerns, data centers, solar power, landfill gas or animal waste bio-methane, cogeneration, energy efficiency, conservation projects, demand-side management, and energyrelated financing. He has represented interveners in utility rate cases and customers seeking to resolve disputes with utilities.

Peter is a member of the American, New York State, and New York City bar associations. He graduated from Boston University School of Law. He is a member of the Energy Committee of the New York City Bar Association, the technical advisory board of Mission Critical Magazine, and an associate member of the AEE. He has received a “Green Team” award from the New York Association of Realty Managers. Email:


Securities and Exchange Commission (2013, September 20). 17 C.F.R Parts 200, 240

+ 249., pages 226-7.