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Volume 3
2004 Edition
David Hoicka
ISBN Info
Notes:
The HUD Regulations, Forms, Handbooks, Guidebooks, and other documents referenced herein, are public
documents published by HUD and the US Government Printing Office (GPO), and/or a local housing authority,
respectively. These documents are generally available without cost by downloading from HUD’s online internet
document library at www.hudclips.org or www.hud.gov. Many are also available by calling HUD’s clearinghouse.
Some regulations are also available for free download from the GPO through www.access.gpo.gov. Housing Authority
Plans such as Admin Plans and ACOPs are generally available through a local housing authority.
Disclaimers:
This publication is authored by David Hoicka. All opinions, if there are any, in this publication are the sole
opinions of the author, and not the opinions of the Housing Authority of New Orleans, HUD, NCHM, NAHRO, or any
other entity.
Disclaimer of Warranty and Liability. The author and publisher, their dealers and distributors, make no
representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically
disclaim any implied warranties of merchantability or fitness for a particular purpose. There are no warranties that
extend beyond the descriptions contained here. This Handbook is sold ―as is‖. No warranty may be created by any
sales representatives or written sales materials. In no event shall the author, publisher, nor any dealers or distributors,
be liable for any damages, direct, indirect, special, incidental, exemplary, or consequential damages arising out of use
of this Handbook or use of the data contained herein, however caused, on any theory of liability, and whether or not the
author has been advised of the possibility of such damage.
Legal Information Is Not Legal Advice. This Handbook provides information about the law designed to help
users safely cope with their own legal needs. But legal information is not the same as legal advice -- the application of
law to an individual's specific circumstances. Although the author goes to great lengths to make sure the information is
accurate and useful, the author recommends you consult a lawyer if you want professional assurance that the enclosed
information, and your interpretation of it, is appropriate to your particular situation.
Vol. 3: Public Housing Occupancy – Regulations and Comprehensive Index Page 3
Table of Contents
1. Introduction ................................................................................................. 5
Introduction
The Public Housing Program is one of HUD’s largest national affordable housing
programs, serving about 1.2 million families in 14,000 public housing developments in all 50
states, and administered by 3,050 Housing Authorities. The Public Housing Operating Fund
subsidy budget is currently about $3.6 billion annually. Other special Public Housing
Programs are accounted for separately.
The goal of this Handbook is to simplify Public Housing management, and save time
for the busy Public Housing Administrator and Affordable Housing Professional. This
Handbook’s Comprehensive Index includes about 7,000 entries, and over 120,000 references,
organizing access to the main sources of regulatory and management control of Public
Housing Programs:
Statutory and Federal Regulations, most notably in 24 CFR
HUD Occupancy Forms,
HUD Occupancy Guidebooks and Handbooks,
PIH Notices for Public Housing Occupancy, and
Admissions and Continued Occupancy Policies (ACOP) for local agency rules
and procedures.
The primary regulations, 24 CFRs 5, 35, 945, 960, 964 & 966 (about 160 pages), are
reprinted in the front portion of this Handbook, a few pages after this Introduction. The main
HUD occupancy forms used by Public Housing Administrators (about 130 pages), PIH
Notices (about 330 pages), and the HUD Occupancy Handbooks and Guidebooks (about 630)
pages, are available for free from HUDCLIPS. All are completely indexed in this Handbook
together with a typical Public Housing ACOP (about 170 pages), based on the ACOP used by
the Housing Authority of New Orleans – for a total of about 1,400 pages indexed.
In this Comprehensive Index, the total number of times a word or phrase appears is
on the first line of each index entry. Then the index references are listed individually for
each regulatory source shown above.
The author welcomes suggestions and input to improve this Handbook, and for future
Handbooks. For example, new words to add to the index, additional or changed forms, new
regulations, or any other thoughts and suggestions the reader may have.
If you would like a Custom Index for your ACOP, or have other suggestions for
indexing and facilitating HUD Affordable Housing, please contact the author (email below).
Please send all suggestions and comments to the author at the email below
David Hoicka
New Orleans, LA.
DavidHoicka@PublicHousing.info
Vol. 3: Public Housing Occupancy – Regulations and Comprehensive Index Page 6
ACCESSIBLE UNITS 44
24 CFR 945: .105; .203(c) (2);
HUD-50058Instr: p70;
PH Occ Gbk: s1.1 (2); s4.10; s6.9; Ap1-233; Ap3-250 (2); Ap3-266;
Ap3-277;
7465.1 Hbk: s2-3;
PIH Notices: 02-01 (12); 99-52 (12); 97-12;
ACOP: 4B; 4O (2); 5C; 5C
"44" refers to the number of times "Accessible Unit" appears in the texts indexed.
References are organized according to type of source: 24 CFR (e.g. 24 CFR
945.105), HUD Forms, HUD Handbooks and Guidebooks, PIH Notices, and a
typical ACOP.
"(2)", "(3)", and such numbers underlined in the indices, means the indexed word
or phrase occurs (2) or (3), (or more) times on that page.
Certain common words appear on nearly every page of the source documents,
appearing at the frequency shown in the following table. Such common individual words
were excluded from the printed index. However, where they form a part of an important
phrase - e.g. in ―family absence‖, ―family breakup‖, ―family characteristic‖, ―family
composition‖, ―family income‖, ―single family‖, ―single family house‖, ―working
family‖, etc., these words are included in the indexed.
For consistency, spelling irregularities, hyphens, etc. in the original sources are
retained as-is in the Index. Thus, e.g. the following words, all with about the same
meaning, are indexed separately:
―childcare‖,
―child care‖, and
―child-care‖
For thoroughness, please check all word and punctuation forms, including
apostrophes, hyphens, etc.
Custom Indices. If you would like a Custom Index for your ACOP, or have other
suggestions for indexing Hud Affordable Housing, please contact the author
David Hoicka at:
DavidHoicka@PublicHousing.info.
Vol. 3: Public Housing Occupancy Regulations and Comprehensive Index Page 11
Sec. 5.905 What special authority is there to obtain access to sex offender
registration information? ........................................................................................... 81
PART 35--LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN
RESIDENTIAL STRUCTURES } .................................................................................... 83
[Cite 24 CFR 35] ............................................................................................................... 83
Subpart L--Public Housing Programs ........................................................................... 83
Sec. 35.1100 Purpose and applicability. .................................................................... 83
Sec. 35.1105 Definitions and other general requirements. ........................................ 83
Sec. 35.1110 Notices and pamphlet. ......................................................................... 83
Sec. 35.1115 Evaluation. ........................................................................................... 83
Sec. 35.1120 Hazard reduction. ................................................................................. 84
Sec. 35.1125 Evaluation and hazard reduction before acquisition and development.
................................................................................................................................... 84
Sec. 35.1130 Child with an environmental intervention blood lead level................. 84
Sec. 35.1135 Eligible costs. ....................................................................................... 86
Sec. 35.1140 Insurance coverage. ............................................................................. 86
PART 945--DESIGNATED HOUSING--PUBLIC HOUSING DESIGNATED FOR
OCCUPANCY BY DISABLED, ELDERLY, OR DISABLED AND ELDERLY
FAMILIES ......................................................................................................................... 86
[CITE: 24CFR945] ............................................................................................................ 86
Subpart A--General ....................................................................................................... 86
Sec. 945.101 Purpose. .............................................................................................. 86
Sec. 945.103 General policies. ................................................................................. 86
Sec. 945.105 Definitions. ......................................................................................... 87
Subpart B--Application and Approval Procedures ........................................................ 89
Sec. 945.201 Approval to designate housing. .......................................................... 89
Sec. 945.203 Allocation plan.................................................................................... 89
Sec. 945.205 Designated housing for disabled families. .......................................... 93
Subpart C--Operating Designated Housing ................................................................... 95
Sec. 945.301 General requirements. ......................................................................... 95
Sec. 945.303 Requirements governing occupancy in designated housing. .............. 95
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING ............. 97
[CITE: 24CFR960] ............................................................................................................ 97
Subpart A--Applicability, Definitions, Equal Opportunity Requirements .................... 97
Sec. 960.101 Applicability. ...................................................................................... 97
Sec. 960.102 Definitions. ......................................................................................... 97
Sec. 960.103 Equal opportunity requirements. ........................................................ 97
Subpart B--Admission ................................................................................................... 98
Sec. 960.200 Purpose. .............................................................................................. 98
Sec. 960.201 Eligibility. ........................................................................................... 98
Sec. 960.202 Tenant selection policies..................................................................... 98
Sec. 960.203 Standards for PHA tenant selection criteria........................................ 99
Sec. 960.204 Denial of admission for criminal activity or drug abuse by household
members. ................................................................................................................. 100
Sec. 960.205 Drug use by applicants: Obtaining information from drug treatment
facility. ..................................................................................................................... 101
(including where the individual seeks to applicant'' does not include a mortgagee or
assume an existing mortgage). lender.
Computer match means the automated (2) The term does not include a public
comparison of data bases containing records entity, such as a PHA, IHA, or State
about individuals. Housing Finance Agency.
Computer matching agreement means the Federal agency means a department of the
agreement that describes the responsibilities executive branch of the Federal
and obligations of the parties participating in Government.
a computer match. Income information means information
Consent form means any consent form relating to an individual's income, including:
approved by HUD to be signed by assistance (1) All employment income information
applicants and participants for the purpose known to current or previous employers or
of obtaining income information from other income sources that HUD or the
employers and SWICAs; return information processing entity determines is necessary for
from the Social Security Administration purposes of determining an assistance
(including wages, net earnings from self- applicant's or participant's eligibility for, or
employment, and payments of retirement level of assistance in, a covered program;
income), as referenced at 26 U.S.C. (2) All information about wages, as
6103(l)(7)(A); and return information for defined in the State's unemployment
unearned income from the Internal Revenue compensation law, including any Social
Service, as referenced at 26 U.S.C. Security Number; name of the employee;
6103(l)(7)(B). The consent forms expire quarterly wages of the employee; and the
after a certain time and may authorize the name, full address, telephone number, and,
collection of other information from when known, Employer Identification
assistance applicants or participants to Number of an employer reporting wages
determine eligibility or level of benefits as under a State unemployment compensation
provided in Secs. 813.109, 913.109, and law;
950.315 of this title. (3) With respect to unemployment
Employer Identification Number (EIN) compensation:
means the nine-digit taxpayer identifying (i) Whether an individual is receiving, has
number that is assigned to an individual, received, or has applied for unemployment
trust, estate, partnership, association, compensation;
company, or corporation pursuant to (ii) The amount of unemployment
sections 6011(b), or corresponding compensation the individual is receiving or
provisions of prior law, or 6109 of the is entitled to receive; and
Internal Revenue Code. (iii) The period with respect to which the
Entity applicant. (1) Except as excluded individual actually received such
pursuant to 42 U.S.C. 3543(b), 3544(a)(2), compensation;
and paragraph (2) of this definition, this (4) Unearned IRS income and self-
term means a partnership, corporation, or employment, wages and retirement income
any other association or entity, other than an as described in the Internal Revenue Code,
individual owner applicant, that seeks to 26 U.S.C. 6103(l)(7); and
participate as a private owner in any of the (5) Wage, social security (Title II), and
following: supplemental security income (Title XVI)
(i) The project-based assistance programs data obtaied from the Social Security
under Section 8 of the 1937 Act; Administration.
(ii) The programs in 24 CFR parts 215, Individual owner applicant. Except as
221, or 236; or excluded pursuant to 42 U.S.C. 3543(b),
(iii) The other mortgage and loan 3544(a)(2), or paragraph (2) of this
insurance programs in 24 CFR parts 201 definition, this term means:
through 267, except that the term ``entity
household who is at least six years of age (B) The documentation referred to in
has not been assigned an SSN, a certification paragraph (f)(1) of this section to verify
executed by the individual involved that each such SSN; or
meets the requirements of paragraph (j) of (ii) If the participant or any member of the
this section. participant's household who is at least six
(b) Disclosure: individual owner years of age has not been assigned an SSN, a
applicants. Each individual owner applicant certification executed by the individual(s)
must submit the following information to the involved that meets the requirements of
processing entity when the individual owner paragraph (j) of this section.
applicant's eligibility under the program (2) Subsequent disclosure. Once a
involved is being determined: participant has disclosed and verified every
(1)(i) The complete and accurate SSNs SSN, or submitted any certification that an
assigned to the individual owner applicant SSN has not been assigned, as provided by
and to each member of the individual owner paragraph (a) of this section (for an
applicant's household who will be obligated assistance applicant) or paragraph (d)(1) (for
to pay the debt evidenced by the mortgage a preexisting participant) of this section, the
or loan documents; and following rules apply:
(ii) The documentation referred to in (i) If the participant's household adds a
paragraph (f)(1) of this section to verify the new member who is at least six years of age,
SSNs; or the participant must submit to the processing
(2) If any person referred to in paragraph entity, at the next interim or regularly
(b)(1)(i) of this section has not been scheduled income reexamination that
assigned an SSN, a certification executed by includes the new members:
the individual involved that meets the (A) The complete and accurate SSNs
requirements of paragraph (j) of this section. assigned to each new member and the
(c) Disclosure: certain officials of entity documentation referred to in paragraph
applicants. As explained more fully in HUD (f)(1) of this section to verify the SSNs for
administrative instructions, each officer, each new member; or
director, principal stockholder, or other (B) If the new member has not been
official of an entity applicant must submit assigned an SSN, a certification executed by
the following information to the processing the individual involved that meets the
entity when the entity applicant's eligibility requirements of paragraph (j) of this section.
under the program involved is being (ii) If the participant or any member of the
determined: participant's household who is at least six
(1) The complete and accurate SSN years of age obtains a previously
assigned to each such individual; and undisclosed SSN, or has been assigned a
(2) The documentation referred to in new SSN, the participant must submit the
paragraph (f)(1) of this section to verify following to the processing entity at the next
each SSN. regularly scheduled income reexamination:
(d) Disclosure: participants--(1) Initial (A) The complete and accurate SSN
disclosure. Each participant whose initial assigned to the participant or household
determination of eligibility under the member involved; and
program involved was begun before (B) The documentation referred to in
November 6, 1989, must submit the paragraph (f)(1) of this section to verify the
following information to the processing SSN of each such individual.
entity at the next regularly scheduled income (iii) Additional SSN disclosure and
reexamination for the program involved: verification requirements, including the
(i)(A) The complete and accurate SSN nature of the disclosure and the verification
assigned to the participant and to each required and the time and manner for
member of the participant's family who is at making the disclosure and verification, may
least six years of age; and
(a)(2), (b)(2), (d), or (g)(1) of this section, (1) The entity applicant does not meet the
only for such reasons as HUD and the PHA applicable EIN disclosure and verification
may prescribe in applicable administrative requirements specified in Sec. 5.216; or
instructions. (2) Any of the officials of the entity
(i) Information on SSNs and EINs. (1) applicant referred to in Sec. 5.216(c) does
Information regarding SSNs and SSN cards not meet the applicable SSN disclosure, and
may be obtained by contacting the local documentation and verification requirements
SSA Office or consulting the SSA specified in Sec. 5.216.
regulations at 20 CFR chapter III (see, (c) Termination of assistance or tenancy:
particularly, part 422). participants. The processing entity must
(2) Information regarding EINs may be terminate the assistance or tenancy, or both,
obtained by contacting the local office of the of a participant, in accordance with the
IRS or consulting the appropriate provisions governing the program involved,
regulations for the IRS. if the participant does not meet the
(j) Form and manner of certifications. The applicable SSN disclosure, documentation
certifications referred to in paragraphs and verification, and certification
(a)(2), (b)(2), (d), and (g)(1) of this section requirements specified in Sec. 5.216.
must be in the form and manner that HUD (d) Cross reference. Individuals should
and the PHA prescribe in applicable consult the regulations and administrative
administrative instructions. If an individual instructions for the programs covered under
who is required to execute a certification is this subpart B for further information on the
less than 18 years of age, the certification use of SSNs and EINs in determinations
must be executed by his or her parent or regarding eligibility.
guardian or, in accordance with
administrative instructions, by the individual Procedures for Obtaining
or another person. Income Information About
(Approved by the Office of Management
Applicants and Participants
and Budget under control number 2502-
0204)
Sec. 5.230 Consent by
Sec. 5.218 Penalties for failing assistance applicants and
to disclose and verify Social participants.
Security and Employer (a) Required consent by assistance
Identification Numbers. applicants and participants. Each member of
the family of an assistance applicant or
(a) Denial of eligibility: assistance participant who is at least 18 years of age,
applicants and individual owner applicants. and each family head and spouse regardless
The processing entity must deny the of age, shall sign one or more consent forms.
eligibility of an assistance applicant or (b) Consent authorization--(1) To whom
individual owner applicant in accordance and when. The assistance applicant shall
with the provisions governing the program submit the signed consent forms to the
involved, if the assistance or individual processing entity when eligibility under a
owner applicant does not meet the covered program is being determined. A
applicable SSN disclosure, documentation participant shall sign and submit consent
and verification, and certification forms at the next regularly scheduled
requirements specified in Sec. 5.216. income reexamination. Assistance applicants
(b) Denial of eligibility: entity applicants. and participants shall be responsible for the
The processing entity must deny the signing and submitting of consent forms by
eligibility of an entity applicant in each applicable family member.
accordance with the provisions governing (2) Subsequent consent forms--special
the program involved; if: cases. Participants are required to sign and
submit consent forms at the next interim or (2) Assistance to, and the tenancy of, a
regularly scheduled income reexamination participant may be terminated.
under the following circumstances: (b) Cross references. Individuals should
(i) When any person 18 years or older consult the regulations and administrative
becomes a member of the family; instructions for the programs covered under
(ii) When a member of the family turns 18 this subpart B for further information on the
years of age; and use of income information in determinations
(iii) As required by HUD or the PHA in regarding eligibility.
administrative instructions.
(c) Consent form--contents. The consent Sec. 5.234 Requests for
form required by this section shall contain, information from SWICAs and
at a minimum, the following:
Federal agencies; restrictions
(1) A provision authorizing HUD and
PHAs to obtain from SWICAs any on use.
information or materials necessary to (a) Information available from SWICAs
complete or verify the application for and Federal agencies--to whom and what.
participation and to maintain continued Income information will generally be
assistance under a covered program; and obtained through computer matching
(2) A provision authorizing HUD, PHAs, agreements between HUD and a SWICA or
or the owner responsible for determining Federal agency, or between a PHA and a
eligibility for or the level of assistance to SWICA, as described in paragraph (c) of
verify with previous or current employers this section. Certification that the applicable
income information pertinent to the assistance applicants and participants have
assistance applicant's or participant's signed appropriate consent forms and have
eligibility for or level of assistance under a received the necessary Privacy Act notice is
covered program; required, as follows:
(3) A provision authorizing HUD to (1) When HUD requests the computer
request income return information from the match, the processing entity shall certify to
IRS and the SSA for the sole purpose of HUD; and
verifying income information pertinent to (2) When the PHA requests the computer
the assistance applicant's or participant's match, the PHA shall certify to the SWICA.
eligibility or level of benefits; and (b) Restrictions on use of information.
(4) A statement that the authorization to The restrictions of 42 U.S.C. 3544(c)(2)(A)
release the information requested by the apply to the use by HUD or a PHA of
consent form expires 15 months after the income information obtained from a
date the consent form is signed. SWICA. The restrictions of 42 U.S.C.
3544(c)(2)(A) and of 26 U.S.C. 6103(l)(7)
Sec. 5.232 Penalties for failing apply to the use by HUD or a PHA of
to sign consent forms. income information obtained from the IRS
or SSA.
(a) Denial or termination of benefits. In (c) Computer matching agreements.
accordance with the provisions governing Computer matching agreements shall
the program involved, if the assistance specify the purpose and the legal authority
applicant or participant, or any member of for the match, and shall include a description
the assistance applicant's or participant's of the records to be matched, a statement
family, does not sign and submit the consent regarding disposition of information
form as required in Sec. 5.230, then: generated through the match, a description
(1) The processing entity shall deny of the administrative and technical
assistance to and admission of an assistance safeguards to be used in protecting the
applicant; information obtained through the match, a
description of the use of records, the
restrictions on duplication and redisclosure, (3) When the income information reveals
a certification, and the amount that will be an employer or other income source that was
charged for processing a request. not disclosed by the assistance applicant or
(Approved by the Office of Management participant, or when the income information
and Budget under control number 2508- differs substantially from the information
0008) received from the assistance applicant or
participant or from his or her employer:
Sec. 5.236 Procedures for (i) HUD or, as applicable or directed by
termination, denial, HUD, the PHA shall request the undisclosed
employer or other income source to furnish
suspension, or reduction of
any information necessary to establish an
assistance based on assistance applicant's or participant's
information obtained from a eligibility for or level of assistance in a
SWICA or Federal agency. covered program. This information shall be
(a) Termination, denial, suspension, or furnished in writing, as directed to:
reduction of assistance. The provisions of 42 (A) HUD, with respect to programs under
U.S.C. 3544(c)(2)(B) and (C) shall govern parts 215, 221, 235, 236, or 290 of this title;
the termination, denial, suspension, or (B) The responsible entity (as defined in
reduction of benefits for an assistance Sec. 5.100) in the case of the public housing
applicant or participant based on income program or any Section 8 program.
information obtained from a SWICA or a (C) The owner or mortgagee, as
Federal agency. Procedures necessary to applicable, with respect to the rent
comply with these provisions are provided supplement, Section 221(d)(3) BMIR,
in paragraph (b) of this section. Section 235 homeownership assistance, or
(b) Procedures for independent Section 236 programs.
verification. (1) Any determination or (ii) HUD or the PHA may verify the
redetermination of family income verified in income information directly with an
accordance with this paragraph must be assistance applicant or participant. Such
carried out in accordance with the verification procedures shall not include any
requirements and procedures applicable to disclosure of income information prohibited
the individual covered program. under paragraph (b)(6) of this section.
Independent verification of information (4) HUD and the PHA shall not be
obtained from a SWICA or a Federal agency required to pursue these verification
may be: procedures when the sums of money at issue
(i) By HUD; are too small to raise an inference of fraud
(ii) In the case of the public housing or justify the expense of independent
program, by a PHA; or verification and the procedures related to
(iii) In the case of any Section 8 program, termination, denial, suspension, or reduction
by a PHA acting as contract administrator of assistance.
under an ACC. (5) Based on the income information
(2) Upon receiving income information received from a SWICA or Federal agency,
from a SWICA or a Federal agency, HUD HUD or the PHA, as appropriate, may
or, when applicable, the PHA shall compare inform an owner (or mortgagee) that an
the information with the information about a assistance applicant's or participant's
family's income that was: eligibility for or level of assistance is
(i) Provided by the assistance applicant or uncertain and needs to be verified. The
participant to the PHA; or owner (or mortgagee) shall then confirm the
(ii) Obtained by the owner (or mortgagee, assistance applicant's or participant's income
as applicable) from the assistance applicant information by checking the accuracy of the
or participant or from his or her employer. information with the employer or other
income source, or directly with the family.
(6) Nondisclosure of Income information. provided under the Section 8, Section 202,
Neither HUD nor the PHA may disclose or Section 811 program.
income information obtained from a SWICA (b) The family must promptly furnish to
directly to an owner (unless a PHA is the the responsible entity any letter or other
owner). Disclosure of income information notice by HUD to a member of the family
obtained from the SSA or IRS is restricted that provides information concerning the
under 26 U.S.C. Sec. 6103(l)(7) and 42 amount or verification of family income.
U.S.C. 3544. (c) The responsible entity must verify the
(c) Opportunity to contest. HUD, the accuracy of the income information received
PHA, or the owner (or mortgagee, as from the family, and change the amount of
applicable) shall promptly notify any the total tenant payment, tenant rent or
assistance applicant or participant in writing Section 8 housing assistance payment, or
of any adverse findings made on the basis of terminate assistance, as appropriate, based
the information verified in accordance with on such information.
paragraph (b) of this section. The assistance {65 FR 16715, Mar. 29, 2000}
applicant or participant may contest the
findings in the same manner as applies to Subpart C--Pet Ownership for
other information and findings relating to
eligibility factors under the applicable
the Elderly or Persons With
program. Termination, denial, suspension, or Disabilities
reduction of assistance shall be carried out
in accordance with requirements and Sec. 5.300 Purpose.
procedures applicable to the individual Authority: 42 U.S.C. 1701r-1 and
covered program, and shall not occur until 3535(d).
the expiration of any notice period provided General Requirements
by the statute or regulations governing the (a) This subpart implements section 227
program. of the Housing and Urban- Rural Recovery
{61 FR 11113, Mar. 18, 1996, as Act of 1983 (12 U.S.C. 1701r-1) as it
amended at 65 FR 16715, Mar. 29, 2000} pertains to projects for the elderly or persons
with disabilities under:
Sec. 5.238 Criminal and civil (1) The housing programs administered
penalties. by the Assistant Secretary for Housing-
Persons who violate the provisions of 42 Federal Housing Commissioner;
U.S.C. 3544 or 26 U.S.C. 6103(l)(7) with (2) Projects assisted under the programs
respect to the use and disclosure of income contained in chapter VIII of this title 24; and
information may be subject to civil or (3) The public housing program.
criminal penalties under 42 U.S.C. (b) [Reserved]
3544(c)(3), 26 U.S.C. 7213(a), or 18 U.S.C. {61 FR 5202, Feb. 9, 1996, as amended
1905. at 65 FR 16715, Mar. 29, 2000}
animals that reside in projects for the elderly elderly or persons with disabilities is
or persons with disabilities, as well as to assisted or has its mortgage insured.
animals that visit these projects. (2) For purposes of Public Housing
(1) A project owner may require resident programs: (i) An elderly person, a person
animals to qualify for this exclusion. Project with a disability, or an elderly or disabled
owners must grant this exclusion if: family as defined in Sec. 5.403 in subpart A
(i) The tenant or prospective tenant of this part.
certifies in writing that the tenant or a (ii) [Reserved]
member of his or her family is a person with Housing programs means:
a disability; (1) The housing programs administered
(ii) The animal has been trained to assist by the Assistant Secretary for Housing-
persons with that specific disability; and Federal Housing Commissioner; and
(iii) The animal actually assists the person (2) The programs contained in chapter
with a disability. VIII of this title 24 that assist rental projects
(2) [Reserved] that meet the definition of project for the
(b) Nothing in this subpart C: elderly or persons with disabilities in this
(1) Limits or impairs the rights of persons subpart C.
with disabilities; Project for the elderly or persons with
(2) Authorizes project owners or PHAs to disabilities means:
limit or impair the rights of persons with (1) For purposes of Housing programs: (i)
disabilities; or A specific rental or cooperative multifamily
(3) Affects any authority that project property that, unless currently owned by
owners or PHAs may have to regulate HUD, is subject to a first mortgage, and:
animals that assist persons with disabilities, (A) That is assisted under statutory
under Federal, State, or local law. authority identified by HUD through notice;
(B) That was designated for occupancy by
Sec. 5.306 Definitions. elderly or disabled families when funds for
Common household pet means: the project were reserved, or when the
(1) For purposes of Housing programs: A commitment to insure the mortgage was
domesticated animal, such as a dog, cat, issued or, of not then so designated, that is
bird, rodent (including a rabbit), fish, or designated for such occupancy in an
turtle, that is traditionally kept in the home effective amendment to the regulatory
for pleasure rather than for commercial agreement covering the project, made
purposes. Common household pet does not pursuant to the project owner's request, and
include reptiles (except turtles). If this that is assisted or insured under one of the
definition conflicts with any applicable State programs identified by HUD through notice;
or local law or regulation defining the pets or
that may be owned or kept in dwelling (C) For which preference in tenant
accommodations, the State or local law or selection is given for all units in the project
regulation shall apply. This definition shall to elderly or disabled families and that is
not include animals that are used to assist owned by HUD or assisted under one of the
persons with disabilities. programs identified by HUD through notice.
(2) For purposes of Public Housing (ii) This term does not include health and
programs: PHAs may define the term care facilities that have mortgage insurance
``common household pet'' under Sec. 5.318. under the National Housing Act. This term
Elderly or disabled family means: also does not include any of the project
(1) For purposes of Housing programs: owner's other property that does not meet
An elderly person, a person with a disability, the criteria contained in any one of
or an elderly or disabled family for purposes paragraphs (1)(i)(A) through (C) of this
of the program under which a project for the definition, even if the property is adjacent to
services or supervision (other than continual acquired it) under one of the programs
nursing, medical or psychiatric care). identified by HUD through notice.
(ii) For purposes of Public Housing (C) For all other tenants of projects for the
programs. A dwelling or dwelling unit for elderly or persons with disabilities, the pet
the exclusive residential use of elderly deposit shall not exceed one month's rent at
persons or persons with disabilities who are the time the pet is brought onto the
not capable of living completely premises.
independently and who require a planned (ii) In establishing the maximum amount
program of continual supportive services or of pet deposit under paragraph (d)(2)(i) of
supervision (other than continual nursing, this section, HUD will consider factors such
medical or psychiatric care). as:
(c) Pet size and pet type. The pet rules (A) Projected, estimated expenses directly
may place reasonable limitations on the size, attributable to the presence of pets in the
weight, and type of common household pets project;
allowed in the project. (B) The ability of project owners to offset
(d) Potential financial obligations of such expenses by use of security deposits or
tenants--(1) Pet deposits. The pet rules may HUD-reimbursable expenses; and
require tenants who own or keep pets in (C) The low income status of tenants of
their units to pay a refundable pet deposit. In projects for the elderly or persons with
the case of project owners, this pet deposit disabilities.
shall be limited to those tenants who own or (iii) For pet deposits subject to paragraph
keep cats or dogs in their units. This deposit (d)(2)(i)(A) of this section, the pet rules
is in addition to any other financial shall provide for gradual accumulation of
obligation generally imposed on tenants of the deposit by the pet owner through an
the project. The project owner or PHA may initial payment not to exceed $50 when the
use the pet deposit only to pay reasonable pet is brought onto the premises, and
expenses directly attributable to the presence subsequent monthly payments not to exceed
of the pet in the project, including (but not $10 per month until the amount of the
limited to) the cost of repairs and deposit is reached.
replacements to, and fumigation of, the (iv) For pet deposits subject to paragraphs
tenant's dwelling unit and, for project (d)(2)(i)(B) and (C) of this section, the pet
owners, the cost of animal care facilities rules may provide for gradual accumulation
under Sec. 5.363. The project owner or PHA of the deposit by the pet owner.
shall refund the unused portion of the pet (v) The project owner may (subject to the
deposit to the tenant within a reasonable HUD-prescribed limits) increase the amount
time after the tenant moves from the project of the pet deposit by amending the house pet
or no longer owns or keeps a pet (or a cat or rules in accordance with Sec. 5.353.
dog in the case of project owners) in the (A) For pet deposits subject to paragraph
dwelling unit. (d)(2)(i)(A) of this section, the house pet
(2) Housing programs: Maximum pet rules shall provide for gradual accumulation
deposit. (i) Pet deposits for the following of any such increase not to exceed $10 per
tenants shall not exceed an amount month for all deposit amounts that are being
periodically fixed by HUD through notice. accumulated.
(A) Tenants whose rents are subsidized (B) [Reserved]
(including tenants of a HUD- owned project, (vi) Any pet deposit that is established
whose rents were subsidized before HUD within the parameters set forth by paragraph
acquired it) under one of the programs (d)(2) of this section shall be deemed
identified by HUD through notice. reasonable for purposes of this subpart C.
(B) Tenants who live in a project assisted (3) Public Housing programs: Maximum
(including tenants who live in a HUD- pet deposit. The maximum amount of pet
owned project that was assisted before HUD deposit that may be charged by the PHA, on
a per dwelling unit basis, shall not exceed (1) Bar pets from specified common areas
the higher of the Total Tenant Payment (as (such as lobbies, laundry rooms, and social
defined in 24 CFR 913.102) or such rooms), unless the exclusion will deny a pet
reasonable fixed amount as the PHA may reasonable ingress and egress to the project
require. The pet rules may permit gradual or building.
accumulation of the pet deposit by the pet (2) Require the pet owner to control noise
owner. and odor caused by a pet.
(4) Housing programs: Waste removal (3) Housing programs: Project owners
charge. The pet rules may permit the project may also:
owner to impose a separate waste removal (i) Require pet owners to have their dogs
charge of up to five dollars ($5) per and cats spayed or neutered; and
occurrence on pet owners that fail to remove (ii) Limit the length of time that a pet may
pet waste in accordance with the prescribed be left unattended in a dwelling unit.
pet rules. Any pet waste removal charge that (f) Pet licensing. The pet rules may
is within this five dollar ($5) limitation shall require pet owners to license their pets in
be deemed to be a reasonable amount for the accordance with applicable State and local
purposes of this subpart C. laws and regulations. (Failure of the pet
(5) The pet deposit (for Housing and rules to contain this requirement does not
Public Housing programs) and waste relieve the pet owner of responsibility for
removal charge (for Housing programs) are complying with applicable State and local
not part of the rent payable by the tenant. pet licensing requirements.)
Except as provided in paragraph (d) of this (g) Public Housing programs: Designated
section for Housing programs and, pet areas. (1) PHAs may designate
paragraph (d) of this section and 24 CFR buildings, floors of buildings, or sections of
966.4(b) for Public Housing programs, buildings as no-pet areas where pets
project owners or PHAs may not prescribe generally may not be permitted. Similarly,
pet rules that impose additional financial the pet rules may designate buildings, floors
obligations on pet owners that are designed of buildings, or sections of buildings for
to compensate the project owner or PHA for residency generally by pet-owning tenants.
costs associated with the presence of pets in The PHA may direct such initial tenant
the project, including (but not limited to) moves as may be necessary to establish pet
requiring pet owners: and no-pet areas. The PHA may not refuse
(i) To obtain liability or other insurance to to admit (or delay admission of) an applicant
cover damage caused by the pet; for tenancy on the grounds that the
(ii) To agree to be strictly liable for all applicant's admission would violate a pet or
damages caused by the pet where this no-pet area. The PHA may adjust the pet
liability is not otherwise imposed by State or and no-pet areas or may direct such
local law, or additional moves as may be necessary (or
(iii) To indemnify the project owner for both) to accommodate such applicants for
pet-related litigation and attorney's fees. tenancy or to meet the changing needs of
(e) Standards of pet care. The pet rules existing tenants.
may prescribe standards of pet care and (2) Project owners may not designate pet
handling, but must be limited to those areas in buildings in their pet rules.
necessary to protect the condition of the (h) Pets temporarily on the premises. The
tenant's unit and the general condition of the pet rules may exclude from the project pets
project premises, or to protect the health or not owned by a tenant that are to be kept
safety of present tenants, project employees, temporarily on the project premises. For the
and the public. The pet rules may not require purposes of paragraph (h) of this section,
pet owners to have any pet's vocal cords pets are to be kept ``temporarily'' if they are
removed. Permitted rules may: to be kept in the tenant's dwelling
accommodations for a period of less than 14
consecutive days and nights. HUD, this part shall be amended to include the
however, encourages project owners and provisions described in Sec. 5.321 and, if
PHAs to permit the use of a visiting pet applicable, Sec. 5.360:
program sponsored by a humane society, or (a) For Housing programs:
other nonprofit organization. (1) Upon renewal of the lease and in
accordance with any applicable regulation;
Sec. 5.321 Lease provisions. and
(a) Lease provisions. (1) PHAs which (2) When a Housing program tenant
have established pet rules and project registers a common household pet under
owners shall ensure that the leases for all Sec. 5.350
tenants of projects for the elderly or persons (b) For Public Housing programs:
with disabilities: (1) Upon annual reexamination of tenant
(i) State that tenants are permitted to keep income in accordance with any applicable
common household pets in their dwelling regulation; and
units (subject to the provisions of this (2) When a Public Housing program
subpart and the pet rules); tenant wishes to own or keep a common
(ii) Shall incorporate by reference the pet household pet in his or her unit.
rules promulgated by the project owner or
PHA; Sec. 5.327 Nuisance or threat
(iii) Shall provide that the tenant agrees to to health or safety.
comply with these rules; and Nothing in this subpart C prohibits a
(iv) Shall state that violation of these rules project owner, PHA, or an appropriate
may be grounds for removal of the pet or
community authority from requiring the
termination of the pet owner's tenancy (or
removal of any pet from a project, if the
both), in accordance with the provisions of
this subpart and applicable regulations and pet's conduct or condition is duly
State or local law. determined to constitute, under the
(2) [Reserved] provisions of State or local law, a
(b) Where a PHA has not established pet nuisance or a threat to the health or
rules, the leases of all tenants of such safety of other occupants of the project
projects shall not contain any provisions or of other persons in the community
prohibiting the owning or keeping of where the project is located.
common household pets, and shall state that
owning and keeping of such pets will be Pet Ownership Requirements
subject to the general obligations imposed
for Housing Programs
on the PHA and tenants in the lease and any
applicable State or local law or regulation
governing the owning or keeping of pets in Sec. 5.350 Mandatory pet rules
dwelling accommodations. for housing programs.
Mandatory rules. The project owner must
Sec. 5.324 Implementation of prescribe the following pet rules:
lease provisions. (a) Inoculations. The pet rules shall
require pet owners to have their pets
The lease for each tenant of a project for
inoculated in accordance with State and
the elderly or persons with disabilities who
local laws.
is admitted on or after the date on which this
(b) Sanitary standards. (1) The pet rules
subpart C is implemented shall contain the
shall prescribe sanitary standards to govern
lease provisions described in Sec. 5.321 and,
the disposal of pet waste. These rules may:
if applicable, Sec. 5.360. The lease for each
tenant who occupies a unit in such a project
under lease on the date of implementation of
promulgate the pet rules referred to in Secs. this section. The notice must include the text
5.318 and 5.350. of the final pet rules and must specify the
(b) Development and notice of proposed effective date of the final pet rules.
pet rules. Project owners shall develop (e) Amendment of pet rules. The project
proposed rules to govern the owning or owner may amend the pet rules at any time
keeping of common household pets in by following the procedure for the
projects for the elderly or persons with development of pet rules specified in
disabilities. Notice of the proposed pet rules paragraphs (b) through (d) of this section.
shall be served on each tenant of the project (f) Service of notice. (1) The project
as provided in paragraph (f) of this section. owner must serve the notice required under
The notice shall: this section by:
(1) Include the text of the proposed rules; (i) Sending a letter by first class mail,
(2) State that tenants or tenant properly stamped and addressed to the
representatives may submit written tenant at the dwelling unit, with a proper
comments on the rules; and return address; or
(3) State that all comments must be (ii) Serving a copy of the notice on any
submitted to the project owner no later than adult answering the door at the tenant's
30 days from the effective date of the notice leased dwelling unit, or if no adult responds,
of the proposed rules. by placing the notice under or through the
(4) The notice may also announce the door, if possible, or else by attaching the
date, time, and place for a meeting to discuss notice to the door; or
the proposed rules (as provided in paragraph (iii) For service of notice to tenants of a
(c) of this section). high-rise building, posting the notice in at
(c) Tenant consultation. Tenants or tenant least three conspicuous places within the
representatives may submit written building and maintaining the posted notices
comments on the proposed pet rules to the intact and in legible form for 30 days. For
project owner by the date specified in the purposes of paragraph (f) of this section, a
notice of proposed rules. In addition, the high-rise building is a structure that is
owner may schedule one or more meetings equipped with an elevator and has a
with tenants during the comment period to common lobby.
discuss the proposed rules. Tenants and (2) For purposes of computing time
tenant representatives may make oral periods following service of the notice,
comments on the proposed rules at these service is effective on the day that all notices
meetings. The project owner must consider are delivered or mailed, or in the case of
comments made at these meetings only if service by posting, on the day that all
they are summarized, reduced to writing, notices are initially posted.
and submitted to the project owner before
the end of the comment period. Sec. 5.356 Housing programs:
(d) Development and notice of final pet Pet rule violation procedures.
rules. The project owner shall develop the
(a) Notice of pet rule violation. If a
final rules after reviewing tenants' written
project owner determines on the basis of
comments and written summaries of any
objective facts, supported by written
owner-tenant meetings. The project owner
statements, that a pet owner has violated a
may meet with tenants and tenant
rule governing the owning or keeping of
representatives to attempt to resolve issues
pets; the project owner may serve a written
raised by the comments. Subject to this
notice of pet rule violation on the pet owner
subpart C, the content of the final pet rules,
in accordance with Sec. 5.353(f)(1)(i) or (ii).
however, is within the sole discretion of the
The notice of pet rule violation must:
project owner. The project owner shall serve
on each tenant of the project, a notice of the
final pet rules as provided in paragraph (f) of
(1) Contain a brief statement of the the meeting, if notice is served at the
factual basis for the determination and the meeting); and
pet rule or rules alleged to be violated; (iii) State that failure to remove the pet
(2) State that the pet owner has 10 days may result in initiation of procedures to
from the effective date of service of the terminate the pet owner's tenancy.
notice to correct the violation (including, in (c) Initiation of procedures to remove a
appropriate circumstances, removal of the pet or terminate the pet owner's tenancy. (1)
pet) or to make a written request for a The project owner may not initiate
meeting to discuss the violation; procedures to terminate a pet owner's
(3) State that the pet owner is entitled to tenancy based on a pet rule violation, unless:
be accompanied by another person of his or (i) The pet owner has failed to remove the
her choice at the meeting; and pet or correct a pet rule violation within the
(4) State that the pet owner's failure to applicable time period specified in this
correct the violation, to request a meeting, or section (including any additional time
to appear at a requested meeting may result permitted by the owner); and
in initiation of procedures to terminate the (ii) The pet rule violation is sufficient to
pet owner's tenancy. begin procedures to terminate the pet
(b)(1) Pet rule violation meeting. If the owner's tenancy under the terms of the lease
pet owner makes a timely request for a and applicable regulations.
meeting to discuss an alleged pet rule (2) The project owner may initiate
violation, the project owner shall establish a procedures to remove a pet under Sec. 5.327
mutually agreeable time and place for the at any time, in accordance with the
meeting but no later than 15 days from the provisions of applicable State or local law.
effective date of service of the notice of pet
rule violation (unless the project owner Sec. 5.359 Housing programs:
agrees to a later date). At the pet rule Rejection of units by applicants
violation meeting, the pet owner and project
for tenancy.
owner shall discuss any alleged pet rule
violation and attempt to correct it. The (a) An applicant for tenancy in a project
project owner may, as a result of the for the elderly or persons with disabilities
meeting, give the pet owner additional time may reject a unit offered by a project owner
to correct the violation. if the unit is in close proximity to a dwelling
(2) Notice for pet removal. If the pet unit in which an existing tenant of the
owner and project owner are unable to project owns or keeps a common household
resolve the pet rule violation at the pet rule pet. An applicant's rejection of a unit under
violation meeting, or if the project owner this section shall not adversely affect his or
determines that the pet owner has failed to her application for tenancy in the project,
correct the pet rule violation within any including (but not limited to) his or her
additional time provided for this purpose position on the project waiting list or
under paragraph (b)(1) of this section, the qualification for any tenant selection
project owner may serve a written notice on preference.
the pet owner in accordance with Sec. (b) Nothing in this subpart C imposes a
5.353(f)(1) (i) or (ii) (or at the meeting, if duty on project owners to provide alternate
appropriate), requiring the pet owner to dwelling units to existing or prospective
remove the pet. The notice must: tenants because of the proximity of common
(i) Contain a brief statement of the factual household pets to a particular unit or the
basis for the determination and the pet rule presence of such pets in the project.
or rules that have been violated;
(ii) State that the pet owner must remove
the pet within 10 days of the effective date
of service of the notice of pet removal (or
Sec. 5.360 Housing programs: (3) The project owner may place a
Additional lease provisions. provision in tenant leases permitting the
project owner to enter the premises, remove
(a) Inspections. In addition to other the pet, and place the pet in a facility that
inspections permitted under the lease, the will provide care and shelter, in accordance
leases for all Housing program tenants of with the provisions of Sec. 5.363. The lease
projects for the elderly or persons with may not contain a provision relieving the
disabilities may state that the project owner project owner from liability for wrongful
may, after reasonable notice to the tenant removal of a pet.
and during reasonable hours, enter and
inspect the premises. The lease shall permit
entry and inspection only if the project
Sec. 5.363 Housing programs:
owner has received a signed, written Protection of the pet.
complaint alleging (or the project owner has (a) If the health or safety of a pet is
reasonable grounds to believe) that the threatened by the death or incapacity of the
conduct or condition of a pet in the dwelling pet owner, or by other factors that render the
unit constitutes, under applicable State or pet owner unable to care for the pet, the
local law, a nuisance or a threat to the health project owner may contact the responsible
or safety of the occupants of the project or party or parties listed in the pet registration
other persons in the community where the required under Sec. 5.350(d)(1)(iii).
project is located. (b) If the responsible party or parties are
(b) Emergencies. (1) If there is no State or unwilling or unable to care for the pet, or the
local authority (or designated agent of such project owner, despite reasonable efforts,
an authority) authorized under applicable has been unable to contact the responsible
State or local law to remove a pet that party or parties, the project owner may
becomes vicious, displays symptoms of contact the appropriate State or local
severe illness, or demonstrates other authority (or designated agent of such an
behavior that constitutes an immediate threat authority) and request the removal of the
to the health or safety of the tenancy as a pet.
whole, the project owner may place a (c) If there is no State or local authority
provision in tenant leases permitting the (or designated agent of such an authority)
project owner to enter the premises (if authorized to remove a pet under these
necessary), remove the pet, and take such circumstances and the project owner has
action with respect to the pet as may be placed a provision in the lease agreement (as
permissible under State and local law, which described in Sec. 5.360(c)(2)), the project
may include placing it in a facility that will owner may enter the pet owner's unit,
provide care and shelter for a period not to remove the pet, and place the pet in a facility
exceed 30 days. that will provide care and shelter until the
(2) The lease shall permit the project pet owner or a representative of the pet
owner to enter the premises and remove the owner is able to assume responsibility for
pet or take such other permissible action the pet, but not longer than 30 days.
only if the project owner requests the pet (d) The cost of the animal care facility
owner to remove the pet from the project provided under this section shall be borne by
immediately, and the pet owner refuses to do the pet owner. If the pet owner (or the pet
so, or if the project owner is unable to owner's estate) is unable or unwilling to pay,
contact the pet owner to make a removal the cost of the animal care facility may be
request. The lease may not contain a paid from the pet deposit, if imposed under
provision relieving the project owner from the pet rules.
liability for wrongful removal of a pet. The
cost of the animal care facility shall be paid
as provided in Sec. 5.363.
person who is at least 50 years of age but Section 214 prohibits HUD from making
below the age of 62; or two or more persons, financial assistance available to persons who
who are at least 50 years of age but below are not in eligible status with respect to
the age of 62, living together; or one or more citizenship or noncitizen immigration status.
persons who are at least 50 years of age but This subpart E is applicable to financial
below the age of 62 living with one or more assistance provided under:
live-in aides. (1) Section 235 of the National Housing
Person with disabilities: Act (12 U.S.C. 1715z) (the Section 235
(1) Means a person who: Program);
(i) Has a disability, as defined in 42 (2) Section 236 of the National Housing
U.S.C. 423; Act (12 U.S.C. 1715z-1) (tenants paying
(ii) Is determined, pursuant to HUD below market rent only) (the Section 236
regulations, to have a physical, mental, or Program);
emotional impairment that: (3) Section 101 of the Housing and Urban
(A) Is expected to be of long-continued Development Act of 1965 (12 U.S.C. 1701s)
and indefinite duration; (the Rent Supplement Program); and
(B) Substantially impedes his or her (4) The United States Housing Act of
ability to live independently, and 1937 (42 U.S. C. 1437 et seq.) which covers:
(C) Is of such a nature that the ability to (i) HUD's Public Housing Programs;
live independently could be improved by (ii) The Section 8 Housing Assistance
more suitable housing conditions; or Programs; and
(iii) Has a developmental disability as (iii) The Housing Development Grant
defined in 42 U.S.C. 6001. Programs (with respect to low income units
(2) Does not exclude persons who have only).
the disease of acquired immunodeficiency (b) Covered individuals and entities--(1)
syndrome or any conditions arising from the Covered individuals/ persons and families.
etiologic agent for acquired The provisions of this subpart E apply to
immunodeficiency syndrome; both applicants for assistance and persons
(3) For purposes of qualifying for low- already receiving assistance covered under
income housing, does not include a person this subpart E.
whose disability is based solely on any drug (2) Covered entities. The provisions of
or alcohol dependence; and this subpart E apply to Public Housing
(4) Means ``individual with handicaps'', Agencies (PHAs), project (or housing)
as defined in Sec. 8.3 of this title, for owners, and mortgagees under the Section
purposes of reasonable accommodation and 235 Program. The term ``responsible entity''
program accessibility for persons with is used in this subpart E to refer collectively
disabilities. to these entities, and is further defined in
{61 FR 5665, Feb. 13, 1996, as amended Sec. 5.504.
at 63 FR 23853, Apr. 30, 1998; 65 FR
16715, Mar. 29, 2000} Sec. 5.502 Requirements
concerning documents.
Subpart E--Restrictions on For any notice or document (decision,
Assistance to Noncitizens declaration, consent form, etc.) that this
subpart E requires the responsible entity to
Sec. 5.500 Applicability. provide to an individual, or requires the
Authority: 42 U.S.C. 1436a and 3535(d). responsible entity to obtain the signature of
(a) Covered programs/assistance. This an individual, the responsible entity, where
subpart E implements Section 214 of the feasible, must arrange for the notice or
Housing and Community Development Act document to be provided to the individual in
of 1980, as amended (42 U.S.C. 1436a). a language that is understood by the
individual if the individual is not proficient for example, as a result of birth in a United
in English. (See 24 CFR 8.6 of HUD's States territory or possession.
regulations for requirements concerning Noncitizen means a person who is neither
communications with persons with a citizen nor national of the United States.
disabilities.) Project owner means the person or entity
that owns the housing project containing the
Sec. 5.504 Definitions. assisted dwelling unit.
(a) The definitions 1937 Act, HUD, Public Housing covered programs means
Public Housing Agency (PHA), and Section the public housing programs administered
8 are defined in subpart A of this part. by the Assistant Secretary for Public and
(b) As used in this subpart E: Indian Housing under title I of the 1937 Act.
Child means a member of the family other This definition does not encompass HUD's
than the family head or spouse who is under Indian Housing programs administered
18 years of age. under title II of the 1937 Act. Further, this
Citizen means a citizen or national of the term does not include those programs
United States. providing assistance under section 8 of the
Evidence of citizenship or eligible status 1937 Act. (See definition of ``Section 8
means the documents which must be Covered Programs'' in this section.)
submitted to evidence citizenship or eligible Responsible entity means the person or
immigration status. (See Sec. 5.508(b).) entity responsible for administering the
Family has the same meaning as provided restrictions on providing assistance to
in the program regulations of the relevant noncitizens with ineligible immigrations
Section 214 covered program. status. The entity responsible for
Head of household means the adult administering the restrictions on providing
member of the family who is the head of the assistance to noncitizens with ineligible
household for purposes of determining immigration status under the various
income eligibility and rent. covered programs is as follows:
Housing covered programs means the (1) For the Section 235 Program, the
following programs administered by the mortgagee.
Assistant Secretary for Housing: (2) For Public Housing, the Section 8
(1) Section 235 of the National Housing Rental Certificate, the Section 8 Rental
Act (12 U.S.C. 1715z) (the Section 235 Voucher, and the Section 8 Moderate
Program); Rehabilitation programs, the PHA
(2) Section 236 of the National Housing administering the program under an ACC
Act (12 U.S.C. 1715z-1) (tenants paying with HUD.
below market rent only) (the Section 236 (3) For all other Section 8 programs, the
Program); and Section 236 Program, and the Rent
(3) Section 101 of the Housing and Urban Supplement Program, the owner.
Development Act of 1965 (12 U.S.C. 1701s) Section 8 covered programs means all
(the Rent Supplement Program). HUD programs which assist housing under
INS means the U.S. Immigration and Section 8 of the 1937 Act, including Section
Naturalization Service. 8-assisted housing for which loans are made
Mixed family means a family whose under section 202 of the Housing Act of
members include those with citizenship or 1959.
eligible immigration status, and those Section 214 means section 214 of the
without citizenship or eligible immigration Housing and Community Development Act
status. of 1980, as amended (42 U.S.C. 1436a).
National means a person who owes Section 214 covered programs is the
permanent allegiance to the United States, collective term for the HUD programs to
which the restrictions imposed by Section
214 apply. These programs are set forth in Sec. 5.508 Submission of
Sec. 5.500. evidence of citizenship or
Tenant means an individual or a family
renting or occupying an assisted dwelling
eligible immigration status.
unit. For purposes of this subpart E, the term (a) General. Eligibility for assistance or
tenant will also be used to include a continued assistance under a Section 214
homebuyer, where appropriate. covered program is contingent upon a
family's submission to the responsible entity
Sec. 5.506 General provisions. of the documents described in paragraph (b)
of this section for each family member. If
(a) Restrictions on assistance. Financial one or more family members do not have
assistance under a Section 214 covered citizenship or eligible immigration status,
program is restricted to: the family members may exercise the
(1) Citizens; or election not to contend to have eligible
(2) Noncitizens who have eligible immigration status as provided in paragraph
immigration status under one of the (e) of this section, and the provisions of
categories set forth in Section 214 (see 42 Secs. 5.516 and 5.518 shall apply.
U.S.C. 1436a(a)). (b) Evidence of citizenship or eligible
(b) Family eligibility for assistance. (1) A immigration status. Each family member,
family shall not be eligible for assistance regardless of age, must submit the following
unless every member of the family residing evidence to the responsible entity.
in the unit is determined to have eligible (1) For U.S. citizens or U.S. nationals, the
status, as described in paragraph (a) of this evidence consists of a signed declaration of
section, or unless the family meets the U.S. citizenship or U.S. nationality. The
conditions set forth in paragraph (b)(2) of responsible entity may request verification
this section. of the declaration by requiring presentation
(2) Despite the ineligibility of one or of a United States passport or other
more family members, a mixed family may appropriate documentation, as specified in
be eligible for one of the three types of HUD guidance.
assistance provided in Secs. 5.516 and (2) For noncitizens who are 62 years of
5.518. A family without any eligible age or older or who will be 62 years of age
members and receiving assistance on June or older and receiving assistance under a
19, 1995 may be eligible for temporary Section 214 covered program on September
deferral of termination of assistance as 30, 1996 or applying for assistance on or
provided in Secs. 5.516 and 5.518. after that date, the evidence consists of:
(c) Preferences. Citizens of the Republic (i) A signed declaration of eligible
of Marshall Islands, the Federated States of immigration status; and
Micronesia, and the Republic of Palau who (ii) Proof of age document.
are eligible for assistance under paragraph (3) For all other noncitizens, the evidence
(a)(2) of this section are entitled to receive consists of:
local preferences for housing assistance, (i) A signed declaration of eligible
except that, within Guam, such citizens who immigration status;
have such local preference will not be (ii) One of the INS documents referred to
entitled to housing assistance in preference in Sec. 5.510; and
to any United States citizen or national (iii) A signed verification consent form.
resident therein who is otherwise eligible for (c) Declaration. (1) For each family
such assistance. member who contends that he or she is a
{61 FR 5202, Feb. 9, 1996, as amended U.S. citizen or a noncitizen with eligible
at 67 FR 65273, Oct. 23, 2002} immigration status, the family must submit
to the responsible entity a written
declaration, signed under penalty of perjury,
by which the family member declares and other members of the family establish
whether he or she is a U.S. citizen or a their citizenship or eligible immigration
noncitizen with eligible immigration status. status, the family may be eligible for
(i) For each adult, the declaration must be assistance under Secs. 5.516 and 5.518, or
signed by the adult. Sec. 5.520, despite the fact that no
(ii) For each child, the declaration must be declaration or documentation of eligible
signed by an adult residing in the assisted status is submitted for one or more members
dwelling unit who is responsible for the of the family. The family, however, must
child. identify in writing to the responsible entity,
(2) For Housing covered programs: The the family member (or members) who will
written declaration may be incorporated as elect not to contend that he or she has
part of the application for housing assistance eligible immigration status.
or may constitute a separate document. (f) Notification of requirements of Section
(d) Verification consent form--(1) Who 214--(1) When notice is to be issued.
signs. Each noncitizen who declares eligible Notification of the requirement to submit
immigration status (except certain evidence of citizenship or eligible
noncitizens who are 62 years of age or older immigration status, as required by this
as described in paragraph (b)(2) of this section, or to elect not to contend that one
section) must sign a verification consent has eligible status as provided by paragraph
form as follows. (e) of this section, shall be given by the
(i) For each adult, the form must be responsible entity as follows:
signed by the adult. (i) Applicant's notice. The notification
(ii) For each child, the form must be described in paragraph (f)(1) of this section
signed by an adult residing in the assisted shall be given to each applicant at the time
dwelling unit who is responsible for the of application for assistance. Applicants
child. whose applications are pending on June 19,
(2) Notice of release of evidence by 1995, shall be notified of the requirement to
responsible entity. The verification consent submit evidence of eligible status as soon as
form shall provide that evidence of eligible possible after June 19, 1995.
immigration status may be released by the (ii) Notice to tenants. The notification
responsible entity without responsibility for described in paragraph (f)(1) of this section
the further use or transmission of the shall be given to each tenant at the time of,
evidence by the entity receiving it, to: and together with, the responsible entity's
(i) HUD, as required by HUD; and notice of regular reexamination of income,
(ii) The INS for purposes of verification but not later than one year following June
of the immigration status of the individual. 19, 1995.
(3) Notice of release of evidence by HUD. (iii) Timing of mortgagor's notice. A
The verification consent form also shall mortgagor receiving Section 235 assistance
notify the individual of the possible release must be provided the notification described
of evidence of eligible immigration status by in paragraph (f)(1) of this section and any
HUD. Evidence of eligible immigration additional requirements imposed under the
status shall only be released to the INS for Section 235 Program.
purposes of establishing eligibility for (2) Form and content of notice. The notice
financial assistance and not for any other shall:
purpose. HUD is not responsible for the (i) State that financial assistance is
further use or transmission of the evidence contingent upon the submission and
or other information by the INS. verification, as appropriate, of evidence of
(e) Individuals who do not contend that citizenship or eligible immigration status as
they have eligible status. If one or more required by paragraph (a) of this section;
members of a family elect not to contend (ii) Describe the type of evidence that
that they have eligible immigration status, must be submitted, and state the time period
entity shall issue to the family the notice (vii) Deferral of termination of assistance
described in Sec. 5.514(d), which includes is granted in accordance with Secs. 5.516
notification of the right to appeal to the INS and 5.518.
of the INS finding on immigration status (2) Restrictions on delay, denial,
(see Sec. 5.514(d)(4)). reduction or termination of assistance
(e) Exemption from liability for INS pending fair hearing for tenants. In addition
verification. The responsible entity shall not to the factors listed in paragraph (b)(1) of
be liable for any action, delay, or failure of this section, assistance to a tenant cannot be
the INS in conducting the automated or delayed, denied, reduced or terminated until
manual verification. the completion of the informal hearing
{61 FR 13616, Mar. 27, 1996, as described in paragraph (f) of this section.
amended at 61 FR 60539, Nov. 29, 1996; 64 (c) Events causing denial or termination
FR 25731, May 12, 1999} of assistance. (1) General. Assistance to an
applicant shall be denied, and a tenant's
Sec. 5.514 Delay, denial, assistance shall be terminated, in accordance
reduction or termination of with the procedures of this section, upon the
occurrence of any of the following events:
assistance.
(i) Evidence of citizenship (i.e., the
(a) General. Assistance to a family may declaration) and eligible immigration status
not be delayed, denied, reduced or is not submitted by the date specified in Sec.
terminated because of the immigration status 5.508(g) or by the expiration of any
of a family member except as provided in extension granted in accordance with Sec.
this section. 5.508(h);
(b) Restrictions on delay, denial, (ii) Evidence of citizenship and eligible
reduction or termination of assistance. (1) immigration status is timely submitted, but
Restrictions on reduction, denial or INS primary and secondary verification does
termination of assistance for applicants and not verify eligible immigration status of a
tenants. Assistance to an applicant or tenant family member; and
shall not be delayed, denied, reduced, or (A) The family does not pursue INS
terminated, on the basis of ineligible appeal or informal hearing rights as
immigration status of a family member if: provided in this section; or
(i) The primary and secondary (B) INS appeal and informal hearing
verification of any immigration documents rights are pursued, but the final appeal or
that were timely submitted has not been hearing decisions are decided against the
completed; family member; or
(ii) The family member for whom (iii) The responsible entity determines
required evidence has not been submitted that a family member has knowingly
has moved from the assisted dwelling unit; permitted another individual who is not
(iii) The family member who is eligible for assistance to reside (on a
determined not to be in an eligible permanent basis) in the public or assisted
immigration status following INS housing unit of the family member. Such
verification has moved from the assisted termination shall be for a period of not less
dwelling unit; than 24 months. This provision does not
(iv) The INS appeals process under Sec. apply to a family if the ineligibility of the
5.514(e) has not been concluded; ineligible individual was considered in
(v) Assistance is prorated in accordance calculating any proration of assistance
with Sec. 5.520; or provided for the family.
(vi) Assistance for a mixed family is (2) Termination of assisted occupancy.
continued in accordance with Secs. 5.516 For termination of assisted occupancy, see
and 5.518; or paragraph (i) of this section.
for the hearing before the responsible entity under the rules of evidence applicable to
are set forth in: judicial proceedings;
(A) For Section 8 Moderate (D) Controverting evidence of the
Rehabilitation assistance: 24 CFR part 882; responsible entity. The family shall be
(B) For Section 8 tenant-based assistance: provided the opportunity to controvert
24 CFR part 982; or evidence relied upon by the responsible
(C) For Section 8 project-based certificate entity and to confront and cross-examine all
program: 24 CFR part 983. witnesses on whose testimony or
(ii) Tenants assisted under any other information the responsible entity relies;
Section 8 covered program or a Public (E) Representation. The family shall be
Housing covered program: For tenants entitled to be represented by an attorney, or
assisted under a Section 8 covered program other designee, at the family's expense, and
not listed in paragraph (f)(3)(i) of this to have such person make statements on the
section or a Public Housing covered family's behalf;
program, the procedures for the hearing (F) Interpretive services. The family shall
before the responsible entity are set forth in be entitled to arrange for an interpreter to
24 CFR part 966. attend the hearing, at the expense of the
(iii) Families under Housing covered family, or responsible entity, as may be
programs and applicants for assistance under agreed upon by the two parties to the
all covered programs. For all families under proceeding; and
Housing covered programs (applicants as (G) Hearing to be recorded. The family
well as tenants already receiving assistance) shall be entitled to have the hearing recorded
and for applicants for assistance under all by audiotape (a transcript of the hearing
covered programs, the procedures for the may, but is not required to, be provided by
informal hearing before the responsible the responsible entity).
entity are as follows: (3) Hearing decision. The responsible
(A) Hearing before an impartial entity shall provide the family with a written
individual. The family shall be provided a final decision, based solely on the facts
hearing before any person(s) designated by presented at the hearing, within 14 days of
the responsible entity (including an officer the date of the informal hearing. The
or employee of the responsible entity), other decision shall state the basis for the decision.
than a person who made or approved the (g) Judicial relief. A decision against a
decision under review, and other than a family member, issued in accordance with
person who is a subordinate of the person paragraphs (e) or (f) of this section, does not
who made or approved the decision; preclude the family from exercising the
(B) Examination of evidence. The family right, that may otherwise be available, to
shall be provided the opportunity to examine seek redress directly through judicial
and copy at the individual's expense, at a procedures.
reasonable time in advance of the hearing, (h) Retention of documents. The
any documents in the possession of the responsible entity shall retain for a minimum
responsible entity pertaining to the family's of 5 years the following documents that may
eligibility status, or in the possession of the have been submitted to the responsible
INS (as permitted by INS requirements), entity by the family, or provided to the
including any records and regulations that responsible entity as part of the INS appeal
may be relevant to the hearing; or the informal hearing process:
(C) Presentation of evidence and (1) The application for financial
arguments in support of eligible status. The assistance;
family shall be provided the opportunity to (2) The form completed by the family for
present evidence and arguments in support income reexamination;
of eligible status. Evidence may be
considered without regard to admissibility
available for mixed families applying for of Sec. 5.518. However, the PHA must offer
assistance as provided in Sec. 5.520. prorated assistance to eligible families.
(c) Assistance available to other families {61 FR 13616, Mar. 27, 1996, as
in occupancy. Temporary deferral of amended at 61 FR 60539, Nov. 29, 1996; 64
termination of assistance may be available to FR 25732, May 12, 1999}
families receiving assistance under a Section
214 covered program on June 19, 1995, and Sec. 5.518 Types of
who have no members with eligible preservation assistance
immigration status, as set forth in
available to mixed families and
paragraphs (c)(1) and (2) of this section.
(1) For Housing covered programs: other families.
Temporary deferral of termination of (a) Continued assistance. (1) General. A
assistance is available to families assisted mixed family may receive continued
under a Housing covered program. housing assistance if all of the following
(2) For Section 8 or Public Housing conditions are met (a mixed family assisted
covered programs: The responsible entity under a Housing covered program must be
may make temporary deferral of termination provided continued assistance if the family
of assistance to families assisted under a meets the following conditions):
Section 8 or Public Housing covered (i) The family was receiving assistance
program. under a Section 214 covered program on
(d) Section 8 covered programs: June 19, 1995;
Discretion afforded to provide certain family (ii) The family's head of household or
preservation assistance--(1) Project owners. spouse has eligible immigration status as
With respect to assistance under a Section 8 described in Sec. 5.506; and
Act covered program administered by a (iii) The family does not include any
project owner, HUD has the discretion to person (who does not have eligible
determine under what circumstances immigration status) other than the head of
families are to be provided one of the two household, any spouse of the head of
statutory forms of assistance for household, any parents of the head of
preservation of the family (continued household, any parents of the spouse, or any
assistance or temporary deferral of children of the head of household or spouse.
assistance). HUD is exercising its discretion (2) Proration of continued assistance. A
by specifying the standards in this section family entitled to continued assistance
under which a project owner must provide before November 29, 1996 is entitled to
one of these two types of assistance to a continued assistance as described in
family. However, project owners and PHAs paragraph (a) of this section. A family
must offer prorated assistance to eligible entitled to continued assistance after
mixed families. November 29, 1996 shall receive prorated
(2) PHAs. The PHA, rather than HUD, assistance as described in Sec. 5.520.
has the discretion to determine the (b) Temporary deferral of termination of
circumstances under which a family will be assistance--(1) Eligibility for this type of
offered one of the two statutory forms of assistance. If a mixed family qualifies for
assistance (continued assistance or prorated assistance (and does not qualify for
temporary deferral of termination of continued assistance), but decides not to
assistance). The PHA must establish its own accept prorated assistance, or if a family has
policy and criteria to follow in making its no members with eligible immigration
decision. In establishing the criteria for status, the family may be eligible for
granting continued assistance or temporary temporary deferral of termination of
deferral of termination of assistance, the assistance if necessary to permit the family
PHA must incorporate the statutory criteria, additional time for the orderly transition of
which are set forth in paragraphs (a) and (b) those family members with ineligible status,
and any other family members involved, to periods do not apply to a family which
other affordable housing. Other affordable includes a refugee under section 207 of the
housing is used in the context of transition Immigration and Nationality Act or an
of an ineligible family from a rent level that individual seeking asylum under section 208
reflects HUD assistance to a rent level that is of that Act.
unassisted; the term refers to housing that is (4) Notification requirements for
not substandard, that is of appropriate size beginning of each deferral period. At the
for the family and that can be rented for an beginning of each deferral period, the
amount not exceeding the amount that the responsible entity must inform the family of
family pays for rent, including utilities, plus its ineligibility for financial assistance and
25 percent. offer the family information concerning, and
(2) Housing covered programs: referrals to assist in finding, other affordable
Conditions for granting temporary deferral housing.
of termination of assistance. The responsible (5) Determination of availability of
entity shall grant a temporary deferral of affordable housing at end of each deferral
termination of assistance to a mixed family period. (i) Before the end of each deferral
if the family is assisted under a Housing period, the responsible entity must satisfy
covered program and one of the following the applicable requirements of either
conditions is met: paragraph (b)(5)(i)(A) or (B) of this section.
(i) The family demonstrates that Specifically, the responsible entity must:
reasonable efforts to find other affordable (A) For Housing covered programs: Make
housing of appropriate size have been a determination that one of the two
unsuccessful (for purposes of this section, conditions specified in paragraph (b)(2) of
reasonable efforts include seeking this section continues to be met (note:
information from, and pursuing leads affordable housing will be determined to be
obtained from the State housing agency, the available if the vacancy rate is five percent
city government, local newspapers, rental or greater), the owner's knowledge and the
agencies and the owner); tenant's evidence indicate that other
(ii) The vacancy rate for affordable affordable housing is available; or
housing of appropriate size is below five (B) For Section 8 or Public Housing
percent in the housing market for the area in covered programs: Make a determination of
which the project is located; or the availability of affordable housing of
(iii) The consolidated plan, as described appropriate size based on evidence of
in 24 CFR part 91 and if applicable to the conditions which when taken together will
covered program, indicates that the local demonstrate an inadequate supply of
jurisdiction's housing market lacks sufficient affordable housing for the area in which the
affordable housing opportunities for project is located, the consolidated plan (if
households having a size and income similar applicable, as described in 24 CFR part 91),
to the family seeking the deferral. the responsible entity's own knowledge of
(3) Time limit on deferral period. If the availability of affordable housing, and
temporary deferral of termination of on evidence of the tenant family's efforts to
assistance is granted, the deferral period locate such housing.
shall be for an initial period not to exceed (ii) The responsible entity must also:
six months. The initial period may be (A) Notify the tenant family in writing, at
renewed for additional periods of six least 60 days in advance of the expiration of
months, but the aggregate deferral period for the deferral period, that termination will be
deferrals provided after November 29, 1996 deferred again (provided that the granting of
shall not exceed a period of eighteen another deferral will not result in aggregate
months. The aggregate deferral period for deferral periods that exceeds the maximum
deferrals granted prior to November 29, deferral period). This time period does not
1996 shall not exceed 3 years. These time apply to a family which includes a refugee
under section 207 of the Immigration and requests prorated assistance must be
Nationality Act or an individual seeking provided prorated assistance.
asylum under section 208 of that Act, and a (b) Method of prorating assistance for
determination was made that other Housing covered programs--(1) Proration
affordable housing is not available; or under Rent Supplement Program. If the
(B) Notify the tenant family in writing, at household participates in the Rent
least 60 days in advance of the expiration of Supplement Program, the rent supplement
the deferral period, that termination of paid on the household's behalf shall be the
financial assistance will not be deferred rent supplement the household would
because either granting another deferral will otherwise be entitled to, multiplied by a
result in aggregate deferral periods that fraction, the denominator of which is the
exceed the maximum deferral period (unless number of people in the household and the
the family includes a refugee under section numerator of which is the number of eligible
207 of the Immigration and Nationality Act persons in the household;
or an individual seeking asylum under (2) Proration under Section 235 Program.
section 208 of that Act), or a determination If the household participates in the Section
has been made that other affordable housing 235 Program, the interest reduction
is available. payments paid on the household's behalf
(c) Option to select proration of assistance shall be the payments the household would
at end of deferral period. A family who is otherwise be entitled to, multiplied by a
eligible for, and receives temporary deferral fraction the denominator of which is the
of termination of assistance, may request, number of people in the household and the
and the responsible entity shall provide numerator of which is the number of eligible
proration of assistance at the end of the persons in the household;
deferral period if the family has made a (3) Proration under Section 236 Program
good faith effort during the deferral period without the benefit of additional assistance.
to locate other affordable housing. If the household participates in the Section
(d) Notification of decision on family 236 Program without the benefit of any
preservation assistance. A responsible entity additional assistance, the household's rent
shall notify the family of its decision shall be increased above the rent the
concerning the family's qualification for household would otherwise pay by an
family preservation assistance. If the family amount equal to the difference between the
is ineligible for family preservation market rate rent for the unit and the rent the
assistance, the notification shall state the household would otherwise pay multiplied
reasons, which must be based on relevant by a fraction the denominator of which is the
factors. For tenant families, the notice also number of people in the household and the
shall inform the family of any applicable numerator of which is the number of
appeal rights. ineligible persons in the household;
{61 FR 13616, Mar. 27, 1996, as (4) Proration under Section 236 Program
amended at 61 FR 60539, Nov. 29, 1996; 64 with the benefit of additional assistance. If
FR 25732, May 12, 1999} the household participates in the Section 236
Program with the benefit of additional
Sec. 5.520 Proration of assistance under the rent supplement, rental
assistance. assistance payment or Section 8 programs,
the household's rent shall be increased above
(a) Applicability. This section applies to a
the rent the household would otherwise pay
mixed family other than a family receiving
by:
continued assistance, or other than a family
(i) An amount equal to the difference
who is eligible for and requests and receives
between the market rate rent for the unit and
temporary deferral of termination of
the basic rent for the unit multiplied by a
assistance. An eligible mixed family who
fraction, the denominator of which is the
number of people in the household, and the not covered by the prorated housing
numerator of which is the number of assistance payment.
ineligible persons in the household, plus; (2) Assistance for a Section 8 voucher
(ii) An amount equal to the rent tenancy or over-FMR tenancy. For a tenancy
supplement, housing assistance payment or under the voucher program or for an over-
rental assistance payment the household FMR tenancy under the certificate program,
would otherwise be entitled to multiplied by the PHA must prorate the family's assistance
a fraction, the denominator of which is the as follows:
number of people in the household and the (i) Step 1. Determine the amount of the
numerator of which is the number of pre-proration housing assistance payment.
ineligible persons in the household. (Annual income includes income of all
(c) Method of prorating assistance for family members, including any family
Section 8 covered programs-- (1) Section 8 member who has not established eligible
assistance other than assistance provided for immigration status.)
a tenancy under the Section 8 Rental (ii) Step 2. Multiply the amount
Voucher Program or for an over-FMR determined in paragraph (c)(2)(i), (Step 1)
tenancy in the Section 8 Rental Certificate by a fraction for which:
Program. For Section 8 assistance other than (A) The numerator is the number of
assistance for a tenancy under the voucher family members who have established
program or an over-FMR tenancy under the eligible immigration status; and
certificate program, the PHA must prorate (B) The denominator is the total number
the family's assistance as follows: of family members.
(i) Step 1. Determine gross rent for the (iii) Prorated housing assistance. The
unit. (Gross rent is contract rent plus any amount determined in paragraph (c)(2)(ii),
allowance for tenant paid utilities). (Step 2) is the prorated housing assistance
(ii) Step 2. Determine total tenant payment for a mixed family.
payment in accordance with section (iv) No effect on rent to owner. Proration
5.613(a). (Annual income includes income of the housing assistance payment does not
of all family members, including any family affect rent to owner. The family must pay
member who has not established eligible the portion of rent to owner not covered by
immigration status.) the prorated housing assistance payment.
(iii) Step 3. Subtract amount determined (d) Method of prorating assistance for
in paragraph (c)(1)(ii), (Step 2), from Public Housing covered programs. The PHA
amount determined in paragraph (c)(1)(i), shall prorate the family's assistance by:
(Step 1). (1) Step 1. Determining total tenant
(iv) Step 4. Multiply the amount payment in accordance with 24 CFR
determined in paragraph (c)(1)(iii), (Step 3) 913.107(a). (Annual income includes
by a fraction for which: income of all family members, including
(A) The numerator is the number of any family member who has not established
family members who have established eligible immigration status.)
eligible immigration status; and (2) Step 2. Subtracting the total tenant
(B) The denominator is the total number payment from a HUD-supplied ``public
of family members. housing maximum rent'' applicable to the
(v) Prorated housing assistance. The unit or the PHA. (This ``maximum rent''
amount determined in paragraph (c)(1)(iv), shall be determined by HUD using the 95th
(Step 4) is the prorated housing assistance percentile rent for the PHA.) The result is
payment for a mixed family. the maximum subsidy for which the family
(vi) No effect on contract rent. Proration could qualify if all members were eligible
of the housing assistance payment does not (``family maximum subsidy'').
affect contract rent to the owner. The family (3) Step 3. Dividing the family maximum
must pay as rent the portion of contract rent subsidy by the number of persons in the
improperly paid. If the amount of the part 92); Rent Supplement Payments
assistance is substantial, the responsible Program (24 CFR part 200, subpart W);
entity is encouraged to refer the case to the Rental Assistance Payments Program (24
HUD Inspector General's office for further CFR part 236, subpart D); Housing
investigation. Possible criminal prosecution Opportunities for Persons with AIDS (24
may follow based on the False Statements CFR part 574); Shelter Plus Care Program
Act (18 U.S.C. 1001 and 1010). (24 CFR part 582); Supportive Housing
Program (McKinney Act Homeless
Subpart F--Section 8 and Assistance) (24 CFR part 583); Section 202
Supportive Housing Program for the Elderly
Public Housing, and Other (24 CFR 891, subpart B); Section 202 Direct
HUD Assisted Housing Loans for Housing for the Elderly and
Serving Persons with Persons with Disabilities (24 CFR part 891,
Disabilities: Family Income subpart E) and the Section 811 Supportive
Housing for Persons with Disabilities (24
and Family Payment; CFR part 891, subpart C). Unless specified
Occupancy Requirements for in the regulations for each of the programs
Section 8 Project-Based listed in paragraph (d) of this section or in
Assistance another regulatory section of this part 5,
subpart F, the regulations in part 5, subpart
F, generally are not applicable to these
Sec. 5.601 Purpose and programs; and
applicability. (e) Determining earned income disregard
Authority: 42 U.S.C. 1437a, 1437c, for persons with disabilities, as provided in
1437d, 1437f, 1437n, and 3535(d). Sec. 5.617, for the following programs:
Source: 61 FR 54498, Oct. 18, 1996, HOME Investment Partnerships Program
unless otherwise noted. (24 CFR part 92); Housing Opportunities for
This subpart states HUD requirements on Persons with AIDS (24 CFR part 574);
the following subjects: Supportive Housing Program (McKinney
(a) Determining annual and adjusted Act Homeless Assistance) (24 CFR part
income of families who apply for or receive 583); and the Housing Choice Voucher
assistance in the Section 8 (tenant-based and Program (24 CFR part 982).
project-based) and public housing programs; {66 FR 6222, Jan. 19, 2001}
(b) Determining payments by and utility
reimbursements to families assisted in these Sec. 5.603 Definitions.
programs; As used in this subpart:
(c) Additional occupancy requirements (a) Terms found elsewhere in part 5--(1)
that apply to the Section 8 project-based Subpart A. The terms 1937 Act, elderly
assistance programs. These additional person, public housing, public housing
requirements concern: agency (PHA), responsible entity and
(1) Income-eligibility and income- Section 8 are defined in Sec. 5.100.
targeting when a Section 8 owner admits (2) Subpart D. The terms ``disabled
families to a Section 8 project or unit; family'', ``elderly family'', ``family'', ``live-
(2) Owner selection preferences; and in aide'', and ``person with disabilities'' are
(3) Owner reexamination of family defined in Sec. 5.403.
income and composition; (b) The following terms shall have the
(d) Determining adjusted income, as meanings set forth below:
provided in Sec. 5.611(a) and (b), for Adjusted income. See Sec. 5.611.
families who apply for or receive assistance Annual income. See Sec. 5.609.
under the following programs: HOME
Investment Partnerships Program (24 CFR
Child care expenses. Amounts anticipated for the area if HUD finds that such
to be paid by the family for the care of variations are necessary because of
children under 13 years of age during the unusually high or low family incomes.
period for which annual income is Full-time student. A person who is
computed, but only where such care is attending school or vocational training on a
necessary to enable a family member to full-time basis.
actively seek employment, be gainfully Imputed welfare income. See Sec. 5.615.
employed, or to further his or her education Low income family. A family whose
and only to the extent such amounts are not annual income does not exceed 80 percent
reimbursed. The amount deducted shall of the median income for the area, as
reflect reasonable charges for child care. In determined by HUD with adjustments for
the case of child care necessary to permit smaller and larger families, except that HUD
employment, the amount deducted shall not may establish income ceilings higher or
exceed the amount of employment income lower than 80 percent of the median income
that is included in annual income. for the area on the basis of HUD's findings
Dependent. A member of the family that such variations are necessary because of
(except foster children and foster adults) unusually high or low family incomes.
other than the family head or spouse, who is Medical expenses. Medical expenses,
under 18 years of age, or is a person with a including medical insurance premiums, that
disability, or is a full-time student. are anticipated during the period for which
Disability assistance expenses. annual income is computed, and that are not
Reasonable expenses that are anticipated, covered by insurance.
during the period for which annual income Monthly adjusted income. One twelfth of
is computed, for attendant care and auxiliary adjusted income.
apparatus for a disabled family member and Monthly income. One twelfth of annual
that are necessary to enable a family income.
member (including the disabled member) to Net family assets. (1) Net cash value after
be employed, provided that the expenses are deducting reasonable costs that would be
neither paid to a member of the family nor incurred in disposing of real property,
reimbursed by an outside source. savings, stocks, bonds, and other forms of
Economic self-sufficiency program. Any capital investment, excluding interests in
program designed to encourage, assist, train, Indian trust land and excluding equity
or facilitate the economic independence of accounts in HUD homeownership programs.
HUD-assisted families or to provide work The value of necessary items of personal
for such families. These programs include property such as furniture and automobiles
programs for job training, employment shall be excluded.
counseling, work placement, basic skills (2) In cases where a trust fund has been
training, education, English proficiency, established and the trust is not revocable by,
workfare, financial or household or under the control of, any member of the
management, apprenticeship, and any family or household, the value of the trust
program necessary to ready a participant for fund will not be considered an asset so long
work (including a substance abuse or mental as the fund continues to be held in trust. Any
health treatment program), or other work income distributed from the trust fund shall
activities. be counted when determining annual income
Extremely low income family. A family under Sec. 5.609.
whose annual income does not exceed 30 (3) In determining net family assets,
percent of the median income for the area, PHAs or owners, as applicable, shall include
as determined by HUD, with adjustments for the value of any business or family assets
smaller and larger families, except that HUD disposed of by an applicant or tenant for less
may establish income ceilings higher or than fair market value (including a
lower than 30 percent of the median income disposition in trust, but not in a foreclosure
or bankruptcy sale) during the two years (7) For the Section 202 Supportive
preceding the date of application for the Housing Program for the Elderly, the
program or reexamination, as applicable, in ``Owner'' as defined in 24 CFR 891.205;
excess of the consideration received (8) For the Section 202 Direct Loans for
therefor. In the case of a disposition as part Housing for the Elderly and Persons with
of a separation or divorce settlement, the Disabilities), the ``Borrower'' as defined in
disposition will not be considered to be for 24 CFR 891.505; and
less than fair market value if the applicant or (9) For the Section 811 Supportive
tenant receives important consideration not Housing Program for Persons with
measurable in dollar terms. Disabilities, the ``owner'' as defined in 24
(4) For purposes of determining annual CFR 891.305.
income under Sec. 5.609, the term ``net Tenant rent. The amount payable monthly
family assets'' does not include the value of by the family as rent to the unit owner
a home currently being purchased with (Section 8 owner or PHA in public housing).
assistance under part 982, subpart M of this (This term is not used in the Section 8
title. This exclusion is limited to the first 10 voucher program.)
years after the purchase date of the home. Total tenant payment. See Sec. 5.613.
Owner has the meaning provided in the Utility allowance. If the cost of utilities
relevant program regulations. As used in this (except telephone) and other housing
subpart, where appropriate, the term services for an assisted unit is not included
``owner'' shall also include a ``borrower'' as in the tenant rent but is the responsibility of
defined in part 891 of this title. the family occupying the unit, an amount
Responsible entity. For Sec. 5.611, in equal to the estimate made or approved by a
addition to the definition of ``responsible PHA or HUD of the monthly cost of a
entity'' in Sec. 5.100, and for Sec. 5.617, in reasonable consumption of such utilities and
addition to only that part of the definition of other services for the unit by an energy-
``responsible entity'' in Sec. 5.100 which conservative household of modest
addresses the Section 8 program covered by circumstances consistent with the
Sec. 5.617 (public housing is not covered by requirements of a safe, sanitary, and
Sec. 5.617), ``responsible entity'' means: healthful living environment.
(1) For the HOME Investment Utility reimbursement. The amount, if
Partnerships Program, the participating any, by which the utility allowance for a
jurisdiction, as defined in 24 CFR 92.2; unit, if applicable, exceeds the total tenant
(2) For the Rent Supplement Payments payment for the family occupying the unit.
Program, the owner of the multifamily (This definition is not used in the Section 8
project; voucher program, or for a public housing
(3) For the Rental Assistance Payments family that is paying a flat rent.)
Program, the owner of the Section 236 Very low income family. A family whose
project; annual income does not exceed 50 percent
(4) For the Housing Opportunities for of the median family income for the area, as
Persons with AIDS (HOPWA) program, the determined by HUD with adjustments for
applicable ``State'' or ``unit of general local smaller and larger families, except that HUD
government'' or ``nonprofit organization'' as may establish income ceilings higher or
these terms are defined in 24 CFR 574.3, lower than 50 percent of the median income
that administers the HOPWA Program; for the area if HUD finds that such
(5) For the Shelter Plus Care Program, the variations are necessary because of
``Recipient'' as defined in 24 CFR 582.5; unusually high or low family incomes.
(6) For the Supportive Housing Program, Welfare assistance. Welfare or other
the ``recipient'' as defined in 24 CFR 583.5; payments to families or individuals, based
on need, that are made under programs
funded, separately or jointly, by Federal,
and utilities, the amount of welfare (7) The special pay to a family member
assistance income to be included as income serving in the Armed Forces who is exposed
shall consist of: to hostile fire;
(A) The amount of the allowance or grant (8)(i) Amounts received under training
exclusive of the amount specifically programs funded by HUD;
designated for shelter or utilities; plus (ii) Amounts received by a person with a
(B) The maximum amount that the disability that are disregarded for a limited
welfare assistance agency could in fact time for purposes of Supplemental Security
allow the family for shelter and utilities. If Income eligibility and benefits because they
the family's welfare assistance is ratably are set aside for use under a Plan to Attain
reduced from the standard of need by Self-Sufficiency (PASS);
applying a percentage, the amount (iii) Amounts received by a participant in
calculated under this paragraph shall be the other publicly assisted programs which are
amount resulting from one application of the specifically for or in reimbursement of out-
percentage. of-pocket expenses incurred (special
(7) Periodic and determinable allowances, equipment, clothing, transportation, child
such as alimony and child support payments, care, etc.) and which are made solely to
and regular contributions or gifts received allow participation in a specific program;
from organizations or from persons not (iv) Amounts received under a resident
residing in the dwelling; service stipend. A resident service stipend is
(8) All regular pay, special pay and a modest amount (not to exceed $200 per
allowances of a member of the Armed month) received by a resident for
Forces (except as provided in paragraph performing a service for the PHA or owner,
(c)(7) of this section). on a part-time basis, that enhances the
(c) Annual income does not include the quality of life in the development. Such
following: services may include, but are not limited to,
(1) Income from employment of children fire patrol, hall monitoring, lawn
(including foster children) under the age of maintenance, resident initiatives
18 years; coordination, and serving as a member of
(2) Payments received for the care of the PHA's governing board. No resident may
foster children or foster adults (usually receive more than one such stipend during
persons with disabilities, unrelated to the the same period of time;
tenant family, who are unable to live alone); (v) Incremental earnings and benefits
(3) Lump-sum additions to family assets, resulting to any family member from
such as inheritances, insurance payments participation in qualifying State or local
(including payments under health and employment training programs (including
accident insurance and worker's training programs not affiliated with a local
compensation), capital gains and settlement government) and training of a family
for personal or property losses (except as member as resident management staff.
provided in paragraph (b)(5) of this section); Amounts excluded by this provision must be
(4) Amounts received by the family that received under employment training
are specifically for, or in reimbursement of, programs with clearly defined goals and
the cost of medical expenses for any family objectives, and are excluded only for the
member; period during which the family member
(5) Income of a live-in aide, as defined in participates in the employment training
Sec. 5.403; program;
(6) The full amount of student financial (9) Temporary, nonrecurring or sporadic
assistance paid directly to the student or to income (including gifts);
the educational institution; (10) Reparation payments paid by a
foreign government pursuant to claims filed
under the laws of that government by
persons who were persecuted during the Sec. 5.611 Adjusted income.
Nazi era; Adjusted income means annual income
(11) Earnings in excess of $480 for each (as determined by the responsible entity,
full-time student 18 years old or older defined in Sec. 5.100 and Sec. 5.603) of the
(excluding the head of household and members of the family residing or intending
spouse); to reside in the dwelling unit, after making
(12) Adoption assistance payments in the following deductions:
excess of $480 per adopted child; (a) Mandatory deductions. In determining
(13) [Reserved] adjusted income, the responsible entity must
(14) Deferred periodic amounts from deduct the following amounts from annual
supplemental security income and social income:
security benefits that are received in a lump (1) $480 for each dependent;
sum amount or in prospective monthly (2) $400 for any elderly family or
amounts. disabled family;
(15) Amounts received by the family in (3) The sum of the following, to the
the form of refunds or rebates under State or extent the sum exceeds three percent of
local law for property taxes paid on the annual income:
dwelling unit; (i) Unreimbursed medical expenses of any
(16) Amounts paid by a State agency to a elderly family or disabled family; and
family with a member who has a (ii) Unreimbursed reasonable attendant
developmental disability and is living at care and auxiliary apparatus expenses for
home to offset the cost of services and each member of the family who is a person
equipment needed to keep the with disabilities, to the extent necessary to
developmentally disabled family member at enable any member of the family (including
home; or the member who is a person with
(17) Amounts specifically excluded by disabilities) to be employed. This deduction
any other Federal statute from consideration may not exceed the earned income received
as income for purposes of determining by family members who are 18 years of age
eligibility or benefits under a category of or older and who are able to work because
assistance programs that includes assistance of such attendant care or auxiliary apparatus;
under any program to which the exclusions and
set forth in 24 CFR 5.609(c) apply. A notice (4) Any reasonable child care expenses
will be published in the Federal Register and necessary to enable a member of the family
distributed to PHAs and housing owners to be employed or to further his or her
identifying the benefits that qualify for this education.
exclusion. Updates will be published and (b) Additional deductions. (1) For public
distributed when necessary. housing, a PHA may adopt additional
(d) Annualization of income. If it is not deductions from annual income. The PHA
feasible to anticipate a level of income over must establish a written policy for such
a 12-month period (e.g., seasonal or cyclic deductions.
income), or the PHA believes that past (2) For the HUD programs listed in Sec.
income is the best available indicator of 5.601(d), the responsible entity shall
expected future income, the PHA may calculate such other deductions as required
annualize the income anticipated for a and permitted by the applicable program
shorter period, subject to a redetermination regulations.
at the end of the shorter period. {66 FR 6223, Jan. 19, 2001}
{61 FR 54498, Oct, 18, 1996, as
amended at 65 FR 16716, Mar. 29, 2000; 67
FR 47432, July 18, 2002}
Sec. 5.613 Public housing
program and Section 8 tenant-
based assistance program:
(4) The amount of the imputed welfare not agree with the PHA determination, the
income is offset by the amount of additional family may request an informal hearing on
income a family receives that commences the determination under the PHA hearing
after the time the sanction was imposed. procedure.
When such additional income from other (e) PHA relation with welfare agency. (1)
sources is at least equal to the imputed The PHA must ask welfare agencies to
welfare income, the imputed welfare income inform the PHA of any specified welfare
is reduced to zero. benefits reduction for a family member, the
(5) The PHA may not include imputed reason for such reduction, the term of any
welfare income in annual income if the such reduction, and any subsequent welfare
family was not an assisted resident at the agency determination affecting the amount
time of sanction. or term of a specified welfare benefits
(d) Review of PHA decision. (1) Public reduction. If the welfare agency determines
housing. If a public housing tenant claims a specified welfare benefits reduction for a
that the PHA has not correctly calculated the family member, and gives the PHA written
amount of imputed welfare income in notice of such reduction, the family's annual
accordance with HUD requirements, and if incomes shall include the imputed welfare
the PHA denies the family's request to income because of the specified welfare
modify such amount, the PHA shall give the benefits reduction.
tenant written notice of such denial, with a (2) The PHA is responsible for
brief explanation of the basis for the PHA determining the amount of imputed welfare
determination of the amount of imputed income that is included in the family's
welfare income. The PHA notice shall also annual income as a result of a specified
state that if the tenant does not agree with welfare benefits reduction as determined by
the PHA determination, the tenant may the welfare agency, and specified in the
request a grievance hearing in accordance notice by the welfare agency to the PHA.
with part 966, subpart B of this title to However, the PHA is not responsible for
review the PHA determination. The tenant is determining whether a reduction of welfare
not required to pay an escrow deposit benefits by the welfare agency was correctly
pursuant to Sec. 966.55(e) for the portion of determined by the welfare agency in
tenant rent attributable to the imputed accordance with welfare program
welfare income in order to obtain a requirements and procedures, nor for
grievance hearing on the PHA providing the opportunity for review or
determination. hearing on such welfare agency
(2) Section 8 participant. A participant in determinations.
the Section 8 tenant- based assistance (3) Such welfare agency determinations
program may request an informal hearing, in are the responsibility of the welfare agency,
accordance with Sec. 982.555 of this title, to and the family may seek appeal of such
review the PHA determination of the determinations through the welfare agency's
amount of imputed welfare income that must normal due process procedures. The PHA
be included in the family's annual income in shall be entitled to rely on the welfare
accordance with this section. If the family agency notice to the PHA of the welfare
claims that such amount is not correctly agency's determination of a specified
calculated in accordance with HUD welfare benefits reduction.
requirements, and if the PHA denies the {65 FR 16717, Mar. 29, 2000}
family's request to modify such amount, the
PHA shall give the family written notice of
such denial, with a brief explanation of the
basis for the PHA determination of the
amount of imputed welfare income. Such
notice shall also state that if the family does
(d) Inapplicability to admission. The (2) For the public housing program and
disallowance of increases in income as a the section 8 moderate rehabilitation, and
result of employment of persons with certificate or voucher programs, the PHA
disabilities under this section does not apply may establish a minimum rent of up to $50.
for purposes of admission to the program (3) For other section 8 programs, the
(including the determination of income minimum rent is $25.
eligibility or any income targeting that may (b) Financial hardship exemption from
be applicable). minimum rent. (1) When is family exempt
{66 FR 6223, Jan. 19, 2001, as amended from minimum rent? The responsible entity
at 67 FR 6820, Feb. 13, 2002} must grant an exemption from payment of
minimum rent if the family is unable to pay
Family Payment the minimum rent because of financial
hardship, as described in the responsible
Sec. 5.628 Total tenant entity's written policies. Financial hardship
payment. includes these situations:
(i) When the family has lost eligibility for
(a) Determining total tenant payment or is awaiting an eligibility determination for
(TTP). Total tenant payment is the highest a Federal, State, or local assistance program,
of the following amounts, rounded to the including a family that includes a member
nearest dollar: who is a noncitizen lawfully admitted for
(1) 30 percent of the family's monthly permanent residence under the Immigration
adjusted income; and Nationality Act who would be entitled
(2) 10 percent of the family's monthly to public benefits but for title IV of the
income; Personal Responsibility and Work
(3) If the family is receiving payments for Opportunity Act of 1996;
welfare assistance from a public agency and (ii) When the family would be evicted
a part of those payments, adjusted in because it is unable to pay the minimum
accordance with the family's actual housing rent;
costs, is specifically designated by such (iii) When the income of the family has
agency to meet the family's housing costs, decreased because of changed
the portion of those payments which is so circumstances, including loss of
designated; or employment;
(4) The minimum rent, as determined in (iv) When a death has occurred in the
accordance with Sec. 5.630. family; and
(b) Determining TTP if family's welfare (v) Other circumstances determined by
assistance is ratably reduced. If the family's the responsible entity or HUD.
welfare assistance is ratably reduced from (2) What happens if family requests a
the standard of need by applying a hardship exemption? (i) Public housing. (A)
percentage, the amount calculated under If a family requests a financial hardship
paragraph (a)(3) of this section is the exemption, the PHA must suspend the
amount resulting from one application of the minimum rent requirement beginning the
percentage. month following the family's request for a
{65 FR 16718, Mar. 29, 2000} hardship exemption, and continuing until the
PHA determines whether there is a
Sec. 5.630 Minimum rent. qualifying financial hardship and whether it
(a) Minimum rent. (1) The PHA must is temporary or long term.
charge a family no less than a minimum (B) The PHA must promptly determine
monthly rent established by the responsible whether a qualifying hardship exists and
entity, except as described in paragraph (b) whether it is temporary or long term.
of this section. (C) The PHA may not evict the family for
nonpayment of minimum rent during the 90-
day period beginning the month following family from the minimum rent requirements
the family's request for a hardship so long as such hardship continues. Such
exemption. exemption shall apply from the beginning of
(D) If the PHA determines that a the month following the family's request for
qualifying financial hardship is temporary, a hardship exemption until the end of the
the PHA must reinstate the minimum rent qualifying financial hardship.
from the beginning of the suspension of the (C) The financial hardship exemption
minimum rent. The PHA must offer the only applies to payment of the minimum
family a reasonable repayment agreement, rent (as determined pursuant to Sec.
on terms and conditions established by the 5.628(a)(4) and Sec. 5.630), and not to the
PHA, for the amount of back minimum rent other elements used to calculate the total
owed by the family. tenant payment (as determined pursuant to
(ii) All section 8 programs. (A) If a family Sec. 5.628(a)(1), (a)(2) and (a)(3)).
requests a financial hardship exemption, the (3) Public housing: Grievance hearing
responsible entity must suspend the concerning PHA denial of request for
minimum rent requirement beginning the hardship exemption. If a public housing
month following the family's request for a family requests a hearing under the PHA
hardship exemption until the responsible grievance procedure, to review the PHA's
entity determines whether there is a determination denying or limiting the
qualifying financial hardship, and whether family's claim to a financial hardship
such hardship is temporary or long term. exemption, the family is not required to pay
(B) The responsible entity must promptly any escrow deposit in order to obtain a
determine whether a qualifying hardship grievance hearing on such issues.
exists and whether it is temporary or long {65 FR 16718, Mar. 29, 2000}
term.
(C) If the responsible entity determines Sec. 5.632 Utility
that a qualifying financial hardship is reimbursements.
temporary, the PHA must not impose the
(a) Applicability. This section is
minimum rent during the 90-day period
applicable to:
beginning the month following the date of
(1) The Section 8 programs other than the
the family's request for a hardship
Section 8 voucher program (for distribution
exemption. At the end of the 90-day
of a voucher housing assistance payment
suspension period, the responsible entity
that exceeds rent to owner, see Sec.
must reinstate the minimum rent from the
982.514(b) of this title);
beginning of the suspension. The family
(2) A public housing family paying an
must be offered a reasonable repayment
income-based rent (see Sec. 960.253 of this
agreement, on terms and conditions
title). (Utility reimbursement is not paid for
established by the responsible entity, for the
a public housing family that is paying a flat
amount of back rent owed by the family.
rent.)
(iii) All programs. (A) If the responsible
(b) Payment of utility reimbursement. (1)
entity determines there is no qualifying
The responsible entity pays a utility
financial hardship exemption, the
reimbursement if the utility allowance (for
responsible entity must reinstate the
tenant-paid utilities) exceeds the amount of
minimum rent, including back rent owed
the total tenant payment.
from the beginning of the suspension. The
(2) In the public housing program (where
family must pay the back rent on terms and
the family is paying an income-based rent),
conditions established by the responsible
the Section 8 moderate rehabilitation
entity.
program and the Section 8 certificate or
(B) If the responsible entity determines a
voucher program, the PHA may pay the
qualifying financial hardship is long term,
utility reimbursement either to the family or
the responsible entity must exempt the
directly to the utility supplier to pay the assistance programs. (This paragraph (b)
utility bill on behalf of the family. If the does not apply to the Section 8 project-
PHA elects to pay the utility supplier, the based voucher program under part 983 of
PHA must notify the family of the amount this title.)
paid to the utility supplier. (c) Targeting to extremely low income
(3) In the other Section 8 programs, the families. For each project assisted under a
owner must pay the utility reimbursement contract for project-based assistance, of the
either: dwelling units that become available for
(i) To the family, or occupancy in any fiscal year that are assisted
(ii) With consent of the family, to the under the contract, not less than 40 percent
utility supplier to pay the utility bill on shall be available for leasing only by
behalf of the family. families that are extremely low income
{65 FR 16719, Mar. 29, 2000} families at the time of admission.
(d) Limitation on admission of non-very
Sec. 5.634 Tenant rent. low income families.
(a) Section 8 programs. For Section 8 (1) Admission to units available before
programs other than the Section 8 voucher October 1, 1981. Not more than 25 percent
program, tenant rent is total tenant payment of the Section 8 project-based dwelling units
minus any utility allowance. that were available for occupancy under
(b) Public housing. See Sec. 960.253 of Section 8 Housing Assistance Payments
this title for the determination of tenant rent. Contracts effective before October 1, 1981
{65 FR 16719, Mar. 29, 2000} and that are leased on or after that date shall
be available for leasing by low income
families other than very low income
Section 8 Project-Based
families. HUD reserves the right to limit the
Assistance: Occupancy admission of low income families other than
Requirements very low income families to these units.
(2) Admission to units available on or
Sec. 5.653 Section 8 project- after October 1, 1981. Not more than 15
based assistance programs: percent of the Section 8 project-based
Admission--Income-eligibility dwelling units that initially become
available for occupancy under Section 8
and income-targeting. Housing Assistance Payments (HAP)
(a) Applicability. This section describes Contracts on or after October 1, 1981 shall
requirements concerning income-eligibility be available for leasing by low income
and income-targeting that apply to the families other than families that are very low
Section 8 project-based assistance programs, income families at the time of admission to
except for the moderate rehabilitation and the Section 8 program. Except with the prior
the project-based certificate or voucher approval of HUD under paragraphs (d)(3)
programs. and (d)(4) of this section, the owner may
(b) Who is eligible? only lease such units to very low income
(1) Basic eligibility. An applicant must families.
meet all eligibility requirements in order to (3) Request for exception. A request by an
receive housing assistance. At a minimum, owner for approval of admission of low
the applicant must be a family, as defined in income families other than very low income
Sec. 5.403, and must be income-eligible, as families to section 8 project-based units
described in this section. Such eligible must state the basis for requesting the
applicants include single persons. exception and provide supporting data.
(2) Low income limit. No family other Bases for exceptions that may be considered
than a low income family is eligible for include the following:
admission to the Section 8 project-based
(i) Need for admission of a broader range Sec. 5.655 Section 8 project-
of tenants to preserve the financial or based assistance programs:
management viability of a project because
there is an insufficient number of potential
Owner preferences in selection
applicants who are very low income for a project or unit.
families; (a) Applicability. This section applies to
(ii) Commitment of an owner to attaining the section 8 project- based assistance
occupancy by families with a broad range of programs. The section describes
incomes; requirements concerning the Section 8
(iii) Project supervision by a State owner's selection of residents to occupy a
Housing Finance Agency having a policy of project or unit, except for the moderate
occupancy by families with a broad range of rehabilitation and the project-based
incomes supported by evidence that the certificate or voucher programs.
Agency is pursuing this goal throughout its (b) Selection. (1) Selection for owner's
assisted projects in the community, or a project or unit. Selection for occupancy of a
project with financing through Section 11(b) project or unit is the function of the Section
of the 1937 Act (42 U.S.C. 1437i) or under 8 owner. However, selection is subject to the
Section 103 of the Internal Revenue Code income-eligibility and income-targeting
(26 U.S.C. 103); and requirements in Sec. 5.653.
(iv) Low-income families that otherwise (2) Tenant selection plan. The owner must
would be displaced from a Section 8 project. adopt a written tenant selection plan in
(4) Action on request for exception. accordance with HUD requirements.
Whether to grant any request for exception (3) Amount of income. The owner may
is a matter committed by law to HUD's not select a family for occupancy of a
discretion, and no implication is intended to project or unit in an order different from the
be created that HUD will seek to grant order on the owner's waiting list for the
approvals up to the maximum limits purpose of selecting a relatively higher
permitted by statute, nor is any presumption income family. However, an owner may
of an entitlement to an exception created by select a family for occupancy of a project or
the specification of certain grounds for unit based on its income in order to satisfy
exception that HUD may consider. HUD the targeting requirements of Sec. 5.653(c).
will review exceptions granted to owners at (4) Selection for particular unit. In
regular intervals. HUD may withdraw selecting a family to occupy a particular
permission to exercise those exceptions for unit, the owner may match family
program applicants at any time that characteristics with the type of unit
exceptions are not being used or after a available, for example, number of bedrooms.
periodic review, based on the findings of the If a unit has special accessibility features for
review. persons with disabilities, the owner must
(e) Income used for eligibility and first offer the unit to families which include
targeting. Family annual income (see Sec. persons with disabilities who require such
5.609) is used both for determination of features (see Secs. 8.27 and 100.202 of this
income-eligibility and for income-targeting title).
under this section. (5) Housing assistance limitation for
(f) Reporting. The Section 8 owner must single persons. A single person who is not
comply with HUD-prescribed reporting an elderly or displaced person, a person with
requirements, including income reporting disabilities, or the remaining member of a
requirements that will permit HUD to resident family may not be provided a
maintain the data necessary to monitor housing unit with two or more bedrooms.
compliance with income-eligibility and (c) Particular owner preferences. The
income-targeting requirements. owner must inform all applicants about
{65 FR 16719, Mar. 29, 2000} available preferences and must give
(4) The dwelling unit must include at least (g) Compliance with State and local
one battery-operated or hard-wired smoke codes. The physical condition standards in
detector, in proper working condition, on this section do not supersede or preempt
each level of the unit. State and local codes for building and
(e) Common areas. The common areas maintenance with which HUD housing must
must be structurally sound, secure, and comply. HUD housing must continue to
functionally adequate for the purposes adhere to these codes.
intended. The basement/garage/carport,
restrooms, closets, utility, mechanical, Sec. 5.705 Uniform physical
community rooms, day care, halls/corridors, inspection requirements.
stairs, kitchens, laundry rooms, office,
Any entity responsible for conducting a
porch, patio, balcony, and trash collection
physical inspection of HUD housing, to
areas, if applicable, must be free of health
determine compliance with this subpart,
and safety hazards, operable, and in good
must inspect such HUD housing annually in
repair. All common area ceilings, doors,
accordance with HUD-prescribed physical
floors, HVAC, lighting, outlets/switches,
inspection procedures. The inspection must
smoke detectors, stairs, walls, and windows,
be conducted annually unless the program
to the extent applicable, must be free of
regulations governing the housing provide
health and safety hazards, operable, and in
otherwise or unless HUD has provided
good repair. These standards for common
otherwise by notice.
areas apply, to a varying extent, to all HUD
{65 FR 77240, Dec. 8, 2000}
housing, but will be particularly relevant to
congregate housing, independent group
homes/residences, and single room Subpart H--Uniform Financial
occupancy units, in which the individual Reporting Standards
dwelling units (sleeping areas) do not
contain kitchen and/or bathroom facilities. Sec. 5.801 Uniform financial
(f) Health and safety concerns. All areas reporting standards.
and components of the housing must be free
of health and safety hazards. These areas (a) Applicability. This subpart H
include, but are not limited to, air quality, implements uniform financial reporting
electrical hazards, elevators, emergency/fire standards for:
exits, flammable materials, garbage and (1) Public housing agencies (PHAs)
debris, handrail hazards, infestation, and receiving assistance under sections 5, 9, or
lead-based paint. For example, the buildings 14 of the 1937 Act (42 U.S.C. 1437c, 1437g,
must have fire exits that are not blocked and and 1437l) (Public Housing);
have hand rails that are undamaged and have (2) PHAs as contract administrators for
no other observable deficiencies. The any Section 8 project-based or tenant-based
housing must have no evidence of housing assistance payments program,
infestation by rats, mice, or other vermin, or which includes assistance under the
of garbage and debris. The housing must following programs:
have no evidence of electrical hazards, (i) Section 8 project-based housing
natural hazards, or fire hazards. The assistance payments programs, including,
dwelling units and common areas must have but not limited to, the Section 8 New
proper ventilation and be free of mold, odor Construction, Substantial Rehabilitation,
(e.g., propane, natural gas, methane gas), or Loan Management Set-Aside, Property
other observable deficiencies. The housing Disposition, and Moderate Rehabilitation
must comply with all requirements related to (including the Single Room Occupancy
the evaluation and reduction of lead-based program for homeless individuals);
paint hazards and have available proper (ii) Section 8 Project-Based Certificate
certifications of such (see 24 CFR part 35). programs;
(iii) Any program providing Section 8 (xii) Section 236 of the NHA (Rental and
project-based renewal contracts; and Cooperative Housing for Lower Income
(iv) Section 8 tenant-based assistance Families);
under the Section 8 Certificate and Voucher (xiii) Section 241 of the NHA
program. (Supplemental Loans for Multifamily
(3) Owners of housing assisted under any Projects); and
Section 8 project-based housing assistance (5) HUD-approved Title I and Title II
payments program: nonsupervised lenders, nonsupervised
(i) Including, but not limited to, the mortgagees, and loan correspondents.
Section 8 New Construction, Substantial (b) Submission of financial information.
Rehabilitation, Loan Management Set- Entities (or individuals) to which this
Aside, and Property Disposition programs; subpart is applicable must provide to HUD,
(ii) Excluding the Section 8 Moderate on an annual basis, such financial
Rehabilitation Program (which includes the information as required by HUD. This
Single Room Occupancy program for financial information must be:
homeless individuals) and the Section 8 (1) Prepared in accordance with Generally
Project-Based Certificate Program; Accepted Accounting Principles as further
(4) Owners of multifamily projects defined by HUD in supplementary guidance;
receiving direct or indirect assistance from (2) Submitted electronically to HUD
HUD, or with mortgages insured, coinsured, through the internet, or in such other
or held by HUD, including but not limited to electronic format designated by HUD, or in
housing under the following HUD such non-electronic format as HUD may
programs: allow if the burden or cost of electronic
(i) Section 202 Program of Supportive reporting is determined by HUD to be
Housing for the Elderly; excessive; and
(ii) Section 811 Program of Supportive (3) Submitted in such form and substance
Housing for Persons with Disabilities; as prescribed by HUD.
(iii) Section 202 loan program for projects (c) Annual financial report filing dates.
for the elderly and handicapped (including (1) For entities listed in paragraphs (a)(1)
202/8 projects and 202/162 projects); and (2) of this section, the financial
(iv) Section 207 of the National Housing information to be submitted to HUD in
Act (NHA) (12 U.S.C. 1701 et seq.) (Rental accordance with paragraph (b) of this
Housing Insurance); section, must be submitted to HUD
(v) Section 213 of the NHA (Cooperative annually, no later than 60 days after the end
Housing Insurance); of the fiscal year of the reporting period, and
(vi) Section 220 of the NHA as otherwise provided by law (for public
(Rehabilitation and Neighborhood housing agencies, see also 24 CFR 903.33).
Conservation Housing Insurance); (2) For entities listed in paragraphs (a)(3)
(vii) Section 221(d) (3) and (5) of the and (4) of this section, the financial
NHA (Housing for Moderate Income and information to be submitted to HUD in
Displaced Families); accordance with paragraph (b) of this
(viii) Section 221(d)(4) of the NHA section, must be submitted to HUD
(Housing for Moderate Income and annually, no later than 90 days after the end
Displaced Families); of the fiscal year of the reporting period, and
(ix) Section 231 of the NHA (Housing for as otherwise provided by law.
Elderly Persons); (3) For those entities listed in paragraph
(x) Section 232 of the NHA (Mortgage (a)(5) of this section, the financial
Insurance for Nursing Homes, Intermediate information to be submitted to HUD in
Care Facilities, Board and Care Homes); accordance with paragraph (b) of this
(xi) Section 234(d) of the NHA (Rental) section must be submitted to HUD annually,
(Mortgage Insurance for Condominiums); no later than 90 days after the end of the
fiscal year (or within an extended time if an years ending before September 30, 2002,
extension is granted at the sole discretion of may either be submitted in paper or
the Secretary). An extension request must be electronically at the lenders' option. Audited
received no earlier than 45 days and no later financial statements submitted by lenders
than 15 days prior to the submission with fiscal years ending on or after
deadline. September 30, 2002, must be submitted
(d) Reporting compliance dates. Entities electronically.
(or individuals) that are subject to the (e) Limitation on changing fiscal years.
reporting requirements in this section must To allow for a period of consistent
commence compliance with these assessment of the financial reports submitted
requirements as follows: to HUD under this subpart part, PHAs listed
(1) For PHAs listed in paragraphs (a)(1) in paragraphs (a)(1) and (a)(2) of this
and (a)(2) of this section, the requirements section will not be allowed to change their
of this section will begin with those PHAs fiscal years for their first three full fiscal
with fiscal years ending September 30, 1999 years following October 1, 1998.
and later. Unaudited financial statements (f) Responsibility for submission of
will be required 60 days after the PHA's financial report. The responsibility for
fiscal year end, and audited financial submission of the financial report due to
statements will then be required no later HUD under this section rests with the
than 9 months after the PHA's fiscal year individuals and entities listed in paragraph
end, in accordance with the Single Audit Act (a) of this section.
and OMB Circular A-133 (See 24 CFR {63 FR 46591, Sept. 1, 1998, as amended
84.26). A PHA with a fiscal year ending at 64 FR 1505, Jan. 11, 1999; 64 FR 33755,
September 30, 1999 that elects to submit its June 24, 1999; 65 FR 16295, Mar. 27, 2000;
unaudited financial report earlier than the 67 FR 53451, Aug. 15, 2002}
due date of November 30, 1999 must submit
its report as required in this section. On or Subpart I--Preventing Crime
after September 30, 1998, but prior to
November 30, 1999 (except for a PHA with
in Federally Assisted
its fiscal year ending September 30, 1999), Housing--Denying Admission
PHAs may submit their financial reports in and Terminating Tenancy for
accordance with this section. Criminal Activity or Alcohol
(2) For entities listed in paragraphs (a)(3)
and (a)(4) of this section, the requirements
Abuse
of this section will begin with those entities
with fiscal years ending December 31, 1998 Sec. 5.850 Which subsidized
and later. Entities listed in paragraphs (a)(3) housing is covered by this
and (a)(4) of this section with fiscal years subpart?
ending December 31, 1998 that elect to Source: 66 FR 28792, May 24, 2001,
submit their reports earlier than the due date unless otherwise noted. General
must submit their financial reports as (a) If you are the owner of federally
required in this section. On or after assisted housing, your federally assisted
September 30, 1998 but prior to January 1, housing is covered, except as provided in
1999, these entities may submit their paragraph (b) or (c) of this section.
financial reports in accordance with this (b) If you are operating public housing,
section. this subpart does not apply, but similar
(3) The requirements of this section apply provisions applicable to public housing units
to the entities listed in paragraph (a)(5) of are found in parts 960 and 966 of this title. If
this section with fiscal years ending on or you administer tenant-based assistance
after September 30, 2002. Audited financial under Section 8 or you are the owner of
statements submitted by lenders with fiscal
residing in the immediate vicinity of the Section 8 housing and to assist in lease
premises. enforcement and eviction.
(b) Fugitive felon or parole violator. The (b) Sex offender registration records
lease must provide that you may terminate searches. This subpart applies to PHAs that
the tenancy during the term of the lease if a administer the Section 8 and public housing
tenant is: programs when they obtain sex offender
(1) Fleeing to avoid prosecution, or registration information from State and local
custody or confinement after conviction, for agencies, under the authority of 42 U.S.C.
a crime, or attempt to commit a crime, that 13663, to prevent admission of dangerous
is a felony under the laws of the place from sex offenders to federally assisted housing.
which the individual flees, or that, in the (c) Excluded records searches. The
case of the State of New Jersey, is a high provisions of this subpart do not apply to
misdemeanor; or criminal conviction information or sex
(2) Violating a condition of probation or offender information searches by a PHA or
parole imposed under Federal or State law. others of information from law enforcement
agencies or other sources other than as
Sec. 5.860 When am I provided under this subpart.
specifically authorized to evict
alcohol abusers? Sec. 5.902 Definitions.
{This section does not apply to Public (a) Terms found elsewhere. The following
Housing or Section 8, per 25 CFR 5.850, terms used in this subpart are defined in
and therefore is not reprinted here.} subpart A of this part: 1937 Act, drug,
federally assisted housing, household, HUD,
public housing, public housing agency
Sec. 5.861 What evidence of
(PHA), Section 8.
criminal activity must I have to (b) Additional terms used in this subpart
evict? are as follows:
{This section does not apply to Public Adult. A person who is 18 years of age or
Housing or Section 8, per 25 CFR 5.850, older, or who has been convicted of a crime
and therefore is not reprinted here.} as an adult under any Federal, State, or tribal
law.
Subpart J--Access to Criminal Covered housing. Public housing, project-
Records and Information based assistance under section 8 (including
new construction and substantial
rehabilitation projects), and tenant-based
Sec. 5.901 To what criminal assistance under section 8.
records and searches does this Law enforcement agency. The National
subpart apply? Crime Information Center (NCIC), police
Source: 66 FR 28794, May 24, 2001, departments and other law enforcement
unless otherwise noted. agencies that hold criminal conviction
(a) General criminal records searches. records.
This subpart applies to criminal conviction Owner. The owner of federally assisted
background checks by PHAs that administer housing.
the Section 8 and public housing programs Responsible entity. For the public housing
when they obtain criminal conviction program, the Section 8 tenant-based
records, under the authority of section 6(q) assistance program (part 982 of this title),
of the 1937 Act (42 U.S.C. 1437d(q)), from the Section 8 project-based certificate or
a law enforcement agency to prevent project-based voucher program (part 983 of
admission of criminals to public housing and this title), and the Section 8 moderate
rehabilitation program (part 882 of this
title), responsible entity means the PHA (d) Owner access to criminal records--(1)
administering the program under an Annual General. (i) If an owner submits a request to
Contributions Contract with HUD. For all the PHA for criminal records concerning an
other Section 8 programs, responsible entity adult member of an applicant or resident
means the Section 8 owner. household, in accordance with the
provisions of paragraph (d) of this section,
Sec. 5.903 What special the PHA must request the criminal
authority is there to obtain conviction records from the appropriate law
enforcement agency or agencies, as
access to criminal records?
determined by the PHA.
(a) Authority. If you are a PHA that (ii) If the PHA receives criminal
administers the Section 8 program and/or the conviction records requested by an owner,
public housing program, this section the PHA must determine whether criminal
authorizes you to obtain criminal conviction action by a household member, as shown by
records from a law enforcement agency, as such criminal conviction records, may be a
defined in Sec. 5.902. You may use the basis for applicant screening, lease
criminal conviction records that you obtain enforcement or eviction, as applicable in
from a law enforcement agency under the accordance with HUD regulations and the
authority of this section to screen applicants owner criteria.
for admission to covered housing programs (iii) The PHA must notify the owner
and for lease enforcement or eviction of whether the PHA has received criminal
families residing in public housing or conviction records concerning the household
receiving Section 8 project-based assistance. member, and of its determination whether
(b) Consent for release of criminal such criminal conviction records may be a
conviction records. (1) In order to obtain basis for applicant screening, lease
access to records under this section, as a enforcement or eviction. However, except as
responsible entity you must require every provided in paragraph (e)(2)(ii) of this
applicant family to submit a consent form section, the PHA must not disclose the
signed by each adult household member. household member's criminal conviction
(2) By execution of the consent form, an record or the content of that record to the
adult household member consents that: owner.
(i) Any law enforcement agency may (2) Screening. If you are an owner of
release criminal conviction records covered housing, you may request that the
concerning the household member to a PHA PHA in the jurisdiction of the property
in accordance with this section; obtain criminal conviction records of an
(ii) The PHA may receive the criminal adult household member from a law
conviction records from a law enforcement enforcement agency on your behalf for the
agency, and may use the records in purpose of screening applicants.
accordance with this section. (i) Your request must include a copy of
(c) Procedure for PHA. (1) When the law the consent form, signed by the household
enforcement agency receives your request, member.
the law enforcement agency must promptly (ii) Your request must include your
release to you a certified copy of any standards for prohibiting admission of drug
criminal conviction records concerning the criminals in accordance with Sec. 5.854, and
household member in the possession or for prohibiting admission of other criminals
control of the law enforcement agency. in accordance with Sec. 5.855.
NCIC records must be provided in (3) Eviction or lease enforcement. If you
accordance with NCIC procedures. are an owner of a unit with Section 8
(2) The law enforcement agency may project-based assistance, you may request
charge you a reasonable fee for releasing that the PHA in the location of the project
criminal conviction records. obtain criminal conviction records of a
household member from an appropriate law (C) PHA screening of applicants for
enforcement agency on your behalf in admission to the Section 8 moderate
connection with lease enforcement or rehabilitation program (part 882 of this
eviction. title); or the Section 8 project-based
(i) Your request must include a copy of certificate or project-based voucher program
the consent form, signed by the household (part 983 of this title); or
member. (D) PHA screening concerning criminal
(ii) If you intend to use the PHA conviction of applicants for admission to
determination regarding any such criminal Section 8 project-based assistance, at the
conviction records in connection with request of the owner. (For requirements
eviction, your request must include your governing use of criminal conviction records
standards for evicting drug criminals in obtained by a PHA at the request of a
accordance with Sec. 5.857, and for evicting Section 8 owner under this section, see
other criminals in accordance with Sec. paragraph (d) of this section.)
5.858. (ii) Lease enforcement and eviction. (A)
(iii) If you intend to use the PHA PHA enforcement of public housing leases
determination regarding any such criminal and PHA eviction of public housing
conviction records for lease enforcement residents;
other than eviction, your request must (B) Enforcement of leases by a Section 8
include your standards for lease enforcement project owner and eviction of residents by a
because of criminal activity by members of Section 8 project owner. (However, criminal
a household. conviction records received by a PHA from
(4) Fees. If an owner requests a PHA to a law enforcement agency under this section
obtain criminal conviction records in may not be used for lease enforcement or
accordance with this section, the PHA may eviction of residents receiving Section 8
charge the owner reasonable fees for making tenant-based assistance.)
the request on behalf of the owner and for (2) PHA disclosure of records. (i) A PHA
taking other actions for the owner. The PHA may disclose the criminal conviction records
may require the owner to reimburse costs which the PHA receives from a law
incurred by the PHA, including enforcement agency only as follows:
reimbursement of any fees charged to the (A) To officers or employees of the PHA,
PHA by the law enforcement agency, the or to authorized representatives of the PHA
PHA's own related staff and administrative who have a job-related need to have access
costs. The owner may not pass along to the to the information. For example, if the PHA
applicant or tenant the costs of a criminal is seeking to evict a public housing tenant on
records check. the basis of criminal activity as shown in
(e) Permitted use and disclosure of criminal conviction records provided by a
criminal conviction records received by law enforcement agency, the records may be
PHA--(1) Use of records. Criminal disclosed to PHA employees performing
conviction records received by a PHA from functions related to the eviction, or to a PHA
a law enforcement agency in accordance hearing officer conducting an administrative
with this section may only be used for the grievance hearing concerning the proposed
following purposes: eviction.
(i) Applicant screening. (A) PHA (B) To the owner for use in connection
screening of applicants for admission to with judicial eviction proceedings by the
public housing (part 960 of this title); owner to the extent necessary in connection
(B) PHA screening of applicants for with a judicial eviction proceeding. For
admission to the Housing Choice Voucher example, criminal conviction records may
Program (section 8 tenant-based assistance) be included in pleadings or other papers
(part 982 of this title); filed in an eviction action, may be disclosed
to parties to the action or the court, and may (1) Maintained confidentially;
be filed in court or offered as evidence. (2) Not misused or improperly
(ii) This disclosure may be made only if disseminated; and
the following conditions are satisfied: (3) Destroyed, once the purpose(s) for
(A) If the PHA has determined that which the record was requested has been
criminal activity by the household member accomplished, including expiration of the
as shown by such records received from a period for filing a challenge to the PHA
law enforcement agency may be a basis for action without institution of a challenge or
eviction from a Section 8 unit; and final disposition of any such litigation.
(B) If the owner certifies in writing that it (h) Penalties for improper release of
will use the criminal conviction records only information--(1) Criminal penalty.
for the purpose and only to the extent Conviction for a misdemeanor and
necessary to seek eviction in a judicial imposition of a penalty of not more than
proceeding of a Section 8 tenant based on $5,000 is the potential for:
the criminal activity by the household (i) Any person, including an officer,
member that is described in the criminal employee, or authorized representative of
conviction records. any PHA or of any project owner, who
(iii) The PHA may rely on an owner's knowingly and willfully requests or obtains
certification that the criminal record is any information concerning an applicant for,
necessary to proceed with a judicial eviction or tenant of, covered housing assistance
to evict the tenant based on criminal activity under the authority of this section under
of the identified household member, as false pretenses; or
shown in the criminal conviction record. (ii) Any person, including an officer,
(iv) Upon disclosure as necessary in employee, or authorized representative of
connection with judicial eviction any PHA or a project owner, who knowingly
proceedings, the PHA is not responsible for and willfully discloses any such information
controlling access to or knowledge of such in any manner to any individual not entitled
records after such disclosure. under any law to receive the information.
(f) Opportunity to dispute. If a PHA (2) Civil liability. (i) A PHA may be held
obtains criminal record information from a liable to any applicant for, or tenant of,
State or local agency under this section covered housing assistance affected by
showing that a household member has been either of the following:
convicted of a crime relevant to applicant (A) A negligent or knowing disclosure of
screening, lease enforcement or eviction, the criminal records information obtained under
PHA must notify the household of the the authority of this section about such
proposed action to be based on the person by an officer, employee, or
information and must provide the subject of authorized representative of the PHA if the
the record and the applicant or tenant a copy disclosure is not authorized by this section;
of such information, and an opportunity to or
dispute the accuracy and relevance of the (B) Any other negligent or knowing
information. This opportunity must be action that is inconsistent with this section.
provided before a denial of admission, (ii) An applicant for, or tenant of, covered
eviction or lease enforcement action on the housing assistance may seek relief against a
basis of such information. PHA in these circumstances by bringing a
(g) Records management. Consistent with civil action for damages and such other
the limitations on disclosure of records in relief as may be appropriate against the PHA
paragraph (e) of this section, the PHA must responsible for such unauthorized action.
establish and implement a system of records The United States district court in which the
management that ensures that any criminal affected applicant or tenant resides, in which
record received by the PHA from a law the unauthorized action occurred, or in
enforcement agency is: which the officer, employee, or
representative alleged to be responsible (i) The PHA must request the information
resides, has jurisdiction. Appropriate relief from a State or local agency;
may include reasonable attorney's fees and (ii) The State or local agency must
other litigation costs. promptly provide the PHA such information
in its possession or control;
Sec. 5.905 What special (iii) The PHA must determine whether
authority is there to obtain such information may be a basis for
applicant screening, lease enforcement or
access to sex offender
eviction, based on the criteria used by the
registration information? owner as specified in the owner's request,
(a) PHA obligation to obtain sex offender and inform the owner of the determination.
registration information. (1) A PHA that (iv) The PHA must notify the owner of its
administers a Section 8 or public housing determination whether sex offender
program under an Annual Contributions registration information received by the
Contract with HUD must carry out PHA under this section concerning a
background checks necessary to determine household member may be a basis for
whether a member of a household applying applicant screening, lease enforcement or
for admission to any federally assisted eviction in accordance with HUD
housing program is subject to a lifetime sex requirements and the criteria used by the
offender registration requirement under a owner.
State sex offender registration program. This (3) Contents of request. As the owner,
check must be carried out with respect to the your request must specify whether you are
State in which the housing is located and asking the PHA to obtain the sex offender
with respect to States where members of the registration information concerning the
applicant household are known to have household member for applicant screening,
resided. for lease enforcement, or for eviction and
(2) If the PHA requests such information include the following information:
from any State or local agency responsible (i) Addresses or other information about
for the collection or maintenance of such where members of the household are known
information, the State or local agency must to have lived.
promptly provide the PHA such information (ii) If you intend to use the PHA
in its possession or control. determination regarding any such sex
(3) The State or local agency may charge offender registration information for
a reasonable fee for providing the applicant screening, your request must
information. include your standards in accordance with
(b) Owner's request for sex offender Sec. 5.855(c) for prohibiting admission of
registration information--(1) General. An persons subject to a lifetime sex offender
owner of federally assisted housing that is registration requirement.
located in the jurisdiction of a PHA that (iii) If you intend to use the PHA
administers a Section 8 or public housing determination regarding any such sex
program under an Annual Contributions offender registration information for
Contract with HUD may request that the eviction, your request must include your
PHA obtain information necessary to standards for evicting persons subject to a
determine whether a household member is lifetime registration requirement in
subject to a lifetime registration requirement accordance with Sec. 5.858.
under a State sex offender registration (iv) If you intend to use the PHA
requirement. determination regarding any such sex
(2) Procedure. If the request is made in offender registration information for lease
accordance with the provisions of paragraph enforcement other than eviction, your
(b) of this section: request must include your standards for
(2) Risk assessments shall be completed children of less than 6 years of age, common
on or before March 15, 2002, in a areas servicing those units, and the
multifamily residential property constructed remaining portions of the residential
after 1959 and before 1978. property shall be completed no later than 12
(c) A PHA that advertises a construction months after completion of the evaluation
contract (including architecture/engineering conducted under Sec. 35.1115.
contracts) for bid or award or plans to start (c) The PHA shall incorporate ongoing
force account work shall not execute such lead-based paint maintenance and
contract until a lead-based paint inspection reevaluation activities into regular building
and, if required, a risk assessment, has taken operations in accordance with Sec. 35.1355.
place and any necessary abatement is In accordance with Sec. 35.115(a) (6) and
included in the modernization budget, (7), this requirement does not apply to a
except for contracts solely for emergency development or part thereof if it is to be
work in accordance with Sec. 35.115(a)(9). demolished or disposed of in accordance
(d) The five-year funding request plan for with disposition requirements in part 970 of
CIAP and CGP shall be amended to include this title, provided the dwelling unit will
the schedule and funding for lead-based remain unoccupied until demolition, or if it
paint activities. {[[Page 334]]} is not used and will not be used for human
habitation.
Sec. 35.1120 Hazard reduction.
(a) Each PHA shall, in accordance with Sec. 35.1125 Evaluation and
Sec. 35.1325, abate all lead- hazard reduction before
based paint and lead-based paint hazards acquisition and development.
identified in the evaluations conducted (a) For each residential property
pursuant to Sec. 35.1115. The PHA shall constructed before 1978 and proposed to be
abate lead-based paint and lead-based paint acquired for a family project (whether or not
hazards in accordance with Sec. 35.1325 it will need rehabilitation) a lead-based paint
during the course of physical improvements inspection and risk assessment for lead-
conducted under the modernization. based paint hazards shall be conducted in
(b) In all housing where abatement of all accordance with Sec. 35.1320.
lead-based paint and lead-based paint (b) If lead-based paint is found in a
hazards required in paragraph (a) of this residential property to be acquired, the cost
section has not yet occurred, each PHA shall of evaluation and abatement shall be
conduct interim controls, in accordance with considered when making the cost
Sec. 35.1330, of the lead-based paint comparison to justify new construction, as
hazards identified in the most recent risk well as when meeting maximum total
assessment. development cost limitations.
(1) Interim controls of dwelling units in (c) If lead-based paint is found,
which any child who is less than 6 years of compliance with this subpart is required, and
age resides and common areas servicing abatement of lead-based paint and lead-
those dwelling units shall be completed based paint hazards shall be completed in
within 90 days of the evaluation under Sec. accordance with Sec. 35.1325 before
35.1330. If a unit becomes newly occupied occupancy.
by a family with a child of less than 6 years
of age or such child moves into a unit,
Sec. 35.1130 Child with an
interim controls shall be completed within
90 days after the new occupancy or move-in environmental intervention
if they have not already been completed. blood lead level.
(2) Interim controls in dwelling units not (a) Risk assessment. Within 15 days after
occupied by families with one or more being notified by a public health department
or other medical health care provider that a complete the reduction of lead-based paint
child of less than 6 years of age living in a hazards identified in the risk assessment in
public housing development has been accordance with Sec. 35.1325 or Sec.
identified as having an environmental 35.1330. Hazard reduction is considered
intervention blood lead level, the PHA shall complete when clearance is achieved in
complete a risk assessment of the dwelling accordance with Sec. 35.1340 and the
unit in which the child lived at the time the clearance report states that all lead-based
blood was last sampled and of common paint hazards identified in the risk
areas servicing the dwelling unit, the assessment have been treated with interim
provisions of Sec. 35.1115(b) controls or abatement or the local or State
notwithstanding. The risk assessment shall health department certifies that lead-based
be conducted in accordance with Sec. paint hazard reduction is complete. The
35.1320(b) and is considered complete when requirements of this paragraph do not apply
the PHA receives the risk assessment report. if the PHA, between the date the child's
The requirements of this paragraph apply blood was last sampled and the date the
regardless of whether the child is or is not owner received the notification of the
still living in the unit when the PHA environmental intervention blood lead level,
receives the notification of the already conducted a risk assessment of the
environmental intervention blood lead level. unit and common areas servicing the unit
The requirements of this paragraph shall not and completed reduction of identified lead-
apply if the PHA conducted a risk based paint hazards.
assessment of the unit and common areas (d) Notice of evaluation and hazard
servicing the unit between the date the reduction. The PHA shall notify building
child's blood was last sampled and the date residents of any evaluation or hazard
when the PHA received the notification of reduction activities in accordance with Sec.
the environmental intervention blood lead 35.125.
level. If the public health department has (e) Reporting requirement. The PHA
already conducted an evaluation of the shall report the name and address of a child
dwelling unit, the requirements of this identified as having an environmental
paragraph shall not apply. {[[Page 335]]} intervention blood lead level to the public
(b) Verification. After receiving health department within 5 working days of
information from a person who is not a being so notified by any other medical
medical health care provider that a child of health care professional. The PHA shall also
less than 6 years of age living in a public report each known case of a child with an
housing development may have an environmental intervention blood lead level
environmental intervention blood lead level, to the HUD field office.
the PHA shall immediately verify the (f) Other units in building. If the risk
information with the public health assessment conducted pursuant to paragraph
department or other medical health care (a) of this section identifies lead-based paint
provider. If that department or provider hazards and previous evaluations of the
verifies that the child has an environmental building conducted pursuant to Sec. 35.1320
intervention blood lead level, such did not identify lead-based paint or lead-
verification shall constitute notification, and based paint hazards, the PHA shall conduct
the housing agency shall take the action a risk assessment of other units of the
required in paragraphs (a) and (c) of this building in accordance with Sec. 35.1320(b)
section. and shall conduct interim controls of
(c) Hazard reduction. Within 30 days identified hazards in accordance with the
after receiving the report of the risk schedule provided in Sec. 35.1120(c).
assessment conducted pursuant to paragraph
(a) of this section or the evaluation from the
public health department, the PHA shall
person. The term ``elderly family'' includes (a) Has disability as defined in section
an elderly person, two or more elderly 223 of the Social Security Act (42 U.S.C.
persons living together, and one or more 423), or
elderly persons living with one or more (b) Is determined to have a physical,
persons who are determined to be essential mental, or emotional impairment that--
to the care or well-being of the elderly (1) Is expected to be of long-continued
person or persons. An elderly family may and indefinite duration,
include elderly persons with disabilities and (2) Substantially impedes his or her
other family members who are not elderly. ability to live independently, and
Family includes but is not limited to a (3) Is of such a nature that such ability
single person as defined in this part, a could be improved by more suitable housing
displaced person (as defined in 24 CFR part conditions, or
912), a remaining member of a tenant (c) Has a developmental disability as
family, a disabled family, an elderly family, defined in section 102 of the Developmental
a near-elderly family, and a family with Disabilities Assistance and Bill of Rights
children. It also includes an elderly family or Act (42 U.S.C. 6001(5)).
a disabled family composed of one or more
elderly persons living with one or more The term ``person with disabilities'' does not
disabled persons. exclude persons who have the disease of
Housing has the same meaning as acquired immunodeficiency syndrome or
``project,'' which is defined in this section. any conditions arising from the etiologic
Mixed population project means a public agent for acquired immunodeficiency
housing project reserved for elderly families syndrome.
and disabled families. This is the project Portion of project includes: One or more
type referred to in NAHA as being buildings in a multi-
designated for elderly and disabled families. building project; one or more floors of a
A PHA that has a mixed population project project or projects; a certain number of
or intends to develop one need not submit an dwelling units in a project or projects.
allocation plan or request a designation. (Designation of a portion of a project does
However, the project must meet the not require that the buildings, floors or units
requirements of 24 CFR part 960 subpart D. be contiguous.)
Near-elderly family means a family Project means low-income housing
whose head, spouse, or sole member is a developed, acquired, or assisted by a PHA
near-elderly person. The term ``near-elderly under the U.S. Housing Act of 1937 (other
family'' includes two or more near-elderly than section 8) for which there is an Annual
persons living together, and one or more Contributions Contract (ACC) between
near-elderly persons living with one or more HUD and the PHA. For purposes of this
persons who are determined to be essential part, the terms housing and public housing
to the care or well-being of the near-elderly mean the same as project. Additionally, as
person or persons. A near-elderly family used in this part, and unless the context
may include other family members who are indicates otherwise, the term project when
not near-elderly. used in the singular includes the plural, and
Near-elderly person means a person who when used in the plural, includes the
is at least 50 years of age but below the age singular, and also includes a ``portion of a
of 62, who may be a person with a project,'' as defined in this section.
disability. Public housing or public housing project.
Non-elderly disabled person means a See definition of ``project'' in this section.
person with a disability who is less than 62 Service provider means a person or
years of age. organization qualified and experienced in
Person with disabilities means a person the provision of supportive services, and that
who-- is in compliance with any licensing
requirements imposed by State or local law meets the requirements of Sec. 945.203, and
for the type of service or services to be a HUD-
provided. The service provider may provide approved supportive service plan that meets
the service on either a for-profit or not-for- the requirements of Sec. 945.205.
profit basis. (c) Designated housing for elderly
Single person means a person who lives families and disabled families. (1) A PHA
alone or intends to live alone, who is not an that provides or intends to provide a mixed
elderly person, a person with disabilities, a population project (a project for both elderly
displaced person, or the remaining member families and disabled families) is not
of a tenant family. required to meet the requirements of this
Supportive service plan. See Sec. part. The PHA is required to meet the
945.205. requirements of 24 CFR part 960, subpart D.
Supportive services means services (2) A PHA that intends to provide
available to persons residing in a designated housing for elderly families or
development, requested by disabled families for disabled families must identify any
and for which there is a need, and may existing or planned mixed population
include, but are not limited to, meal services, projects, reserved under 24 CFR part 960,
health- subpart B, as additional housing resources,
related services, mental health services, in its allocation plan, in accordance with
services for nonmedical counseling, meals, Sec. 945.203(c)(6).
transportation, personal care, bathing,
toileting, housekeeping, chore assistance, Sec. 945.203 Allocation plan.
safety, group and socialization activities, (a) Applicable terminology.
assistance with medications (in accordance (1) As used in this section, the terms
with any applicable State laws), case ``initial allocation plan'' refers to the PHA's
management, personal emergency response, first submission of an allocation plan, and
and other appropriate services. ``updated allocation plan'' refers to the
[59 FR 17662, Apr. 13, 1994, as biennial update (once every two years) of
amended at 61 FR 5214, Feb. 9, 1996] this plan, which is described in paragraph (f)
of this section.
Subpart B--Application and (2) As provided in Sec. 945.105, the term
Approval Procedures ``project'' includes the plural (``projects'')
945.201 Approval to designate housing. and includes a portion of a project.
945.203 Allocation plan.
945.205 Designated housing for disabled (b) Consultation in plan development.
families. These consultation requirements apply to the
development of an initial allocation plan as
provided in paragraph (c) of this section, or
Sec. 945.201 Approval to
any update of the allocation plan as provided
designate housing. in paragraph (f) of this section.
(a) Designated housing for elderly (1) In preparing the draft plan, the PHA
families. To designate a project for shall consult with:
occupancy by elderly families, a PHA must (i) The State or unit of general local
have a HUD-approved allocation plan that government where the project is located;
meets the requirements of Sec. 945.203. (ii) Public and private service
(b) Designated housing for disabled providers;
families. To designate a project for (iii) Representative advocacy groups
occupancy by disabled families, a PHA must for each of these family types: disabled
have a HUD-approved allocation plan that families, elderly families, and families with
children, where such advocacy groups exist;
(iv) Representatives of the residents of if specific units are not designated, the
the PHA's projects proposed for designation, number to be designated; and
including representatives from resident (iii) State the reasons the building(s),
councils or resident management floor(s), or unit(s) were selected for
corporations where they exist; and designation.
(v) Other parties that the PHA
determines would be interested in the plan, (2) Identification of groups and persons
or other parties that have contacted the PHA consulted and comments submitted. The
and expressed an interest in the plan. PHA must:
(2) Following the completion of the draft (i) Identify the groups and persons
plan, the PHA shall: with whom the PHA has consulted in the
(i) Issue public notices regarding its development of the allocation plan;
intention to designate housing and the (ii) Include a summary of comments
availability of the draft plan for review; received on the plan from the groups and
(ii) Contact directly those individuals, persons consulted; and
agencies and other interested parties (iii) Describe how the plan addresses
specified in paragraph (b)(1) of this section, these comments.
and advise of the availability of the draft
plan for review; (3) Profile of proposed designated project
(iii) Allow not less than 30 days for public in pre-designation state. This component of
comment on the draft allocation plan; the plan must include, for the projects,
(iv) Make free copies of the draft plan buildings, or portions of buildings to be
available upon request, and in accessible designated:
format, when appropriate; (i) The total number of families
(v) Conduct at least one public meeting currently occupying the project, and
on the draft allocation plan; (A) The number of families who are
(vi) Give fair consideration to all members of the group for whom the project
comments received; and is to be designated, and
(vii) Retain any records of public (B) The number of families who are
meetings held on the allocation plan (or not members of the group for whom the
updated plan) and any written comments project is to be designated;
received on the plan for a period of five (ii) An estimate of the total number of
years commencing from the date of elderly families and disabled families who
submission of the allocation plan to HUD. are potential tenants of the project (i.e., as
These records must be available for review the project now exists), based on
by HUD. information provided by:
(A) The waiting list from which
(c) Contents of initial plan. The initial vacancies in the project are filled; and
allocation plan shall contain, at a minimum, (B) A local housing needs survey, if
the information set forth in this paragraph available, such as the CHAS, for the
(c). jurisdiction within which the area served by
the PHA is located;
(1) Identification of the project to be (iii) An estimate of the number of
designated and type of designation to be potential tenants who will need accessible
made. The PHA must: units based on information provided by:
(i) Identify the type of designation to (A) The needs assessment prepared
be made (i.e., housing for disabled families in accordance with 24 CFR 8.25, and
or housing for elderly families); (B) A housing needs survey, if
(ii) Identify the building(s), floor(s), or available, such as the CHAS or HUD-
unit(s) to be designated and their location, or prescribed successor survey;
(iv) The number of units in the project to make in its admission policies to
that became vacant and available for accommodate the designation, including:
occupancy during the year preceding the (i) How the waiting list will be
date of submission of the allocation plan to maintained;
HUD; (ii) How dwelling units will be
(v) The average length of vacancy for assigned; and
dwelling units in the project for the year (iii) How records will be maintained to
preceding the date of submission of the document the effect on all families who
allocation plan to HUD; would have resided in the designated project
(vi) An estimate of the number of units if it had not been designated.
in the project that the PHA expects to
become vacant and available for occupancy (6) Strategy for addressing the current and
during the two-year period following the future housing needs of the families in the
date of submission of the allocation plan to PHA's jurisdiction. The PHA must:
HUD (i.e., if the project were not to be (i) Identify the housing resources
designated); currently owned or controlled by the PHA,
(vii) An estimate of the average length including any mixed population projects, in
of time elderly families and non-elderly existence, as provided in 24 CFR part 960,
persons with disabilities currently have to subpart D, that will be available to these
wait for a dwelling unit. families;
(ii) Describe the steps to be taken by
(4) Projected profile of project in the PHA to respond to any need for
designated state. This component of the plan accessible units that will no longer be
must: available for applicants who need them. The
(i) Identify the source of the families PHA has a continuing obligation under
for the designated project (e.g., current section 504 of the Rehabilitation Act of
residents of the project, families currently on 1973 (29 U.S.C. 794) to provide accessible
the waiting list, residents of other projects, dwellings even if the project designation
and potential tenants based on information removes accessible dwellings from the
from the local housing needs survey); inventory of possible dwellings for non-
(ii) For projects proposed to be elderly persons with disabilities;
designated for occupancy by elderly families (iii) If a project is being designated for
an estimate of the number of: elderly families, describe the steps the PHA
(A) Units in the project that are will take to facilitate access to supportive
anticipated to become vacant and available services by non-elderly disabled families.
for occupancy during the two-year period The services should be equivalent to those
following the date of submission of the available in the designated project and
allocation plan to HUD; requested by non-elderly disabled families.
(B) Near-elderly families who may If the PHA funds supportive services for the
be needed to fill units in the designated designated project for elderly families, the
project for elderly families, as provided in PHA must provide the same level of
Sec. 945.303(c); services, upon the request of non-elderly
(iii) Describe any impact the disabled families.
designation may have on the average length (iv) If a project is being designated for
of time applicants in the group for which the elderly families, identify the additional
project is designated and other applicants housing resources that the PHA determines
will have to wait for a dwelling unit. will be sufficient to provide assistance to not
less than the number of non-elderly disabled
(5) PHA occupancy policies and families that would have been housed by the
procedures. This component of the plan PHA if occupancy in units in the designated
must describe any changes the PHA intends project were not restricted to elderly families
890 (supportive housing for persons with (B) The number of times there was
disabilities). a substantial increase in denying housing
(4) Resubmission following disapproval. assistance to families on the PHA's waiting
If HUD disapproves an initial allocation list because projects were designated;
plan, a PHA shall have a period of not less (v) A plan for adjusting the allocation
than 45 days or more than 90 days following of designated units, if necessary.
notification of disapproval as provided in (4) Criteria for approval of updated plan.
paragraph (e)(2) of this section, to submit (i) HUD shall approve an updated
amendments to the plan, or to submit a allocation plan based on HUD's review and
revised plan. assessment of the updated plan, using the
criteria in (d) of this section. If HUD
(f) Biennial update of plan— considers it appropriate, the review and
(1) General. Each PHA that owns or assessment shall include any on-site review
operates a public housing project that is and monitoring of PHA performance in the
designated for occupancy under this part administration of its designated housing and
shall update its allocation plan not less than in the allocation of the PHA's housing
once every two years, from the date of HUD resources. Notification of approval or
approval of the initial allocation plan. A disapproval of the updated allocation plan
PHA that wishes to amend or revise its plan shall be provided in accordance with
later than 90 days after HUD disapproval paragraph (e) of this section;
must begin the hearing and consultation (ii) If a PHA's updated plan is not
process again. approved, HUD may require PHAs to
(2) Failure to submit updated plan. If the change the designation of existing or
PHA fails to submit the updated plan as planned projects to other categories, such as
required by this paragraph (f), the Secretary general occupancy or mixed population
may revoke the designation in accordance projects.
with the provisions of paragraph (f)(4)(ii) of (5) Notification of approval or
this section. disapproval of updated plan. HUD shall
(3) Contents of updated plan. The updated notify each PHA submitting an updated plan
allocation plan shall contain, at a minimum, of approval or disapproval of the updated
the following information: plan, in accordance with the form of
(i) The most recent update of the notification and within the time periods
allocation plan data, and projections for the required by paragraph (e) of this section.
next two years; (Approved by the Office of Management
(ii) An assessment of the accuracy of and Budget under control number 2577-
the projections contained in previous plans 0192)
and in the updated allocation plan;
(iii) The number of times a vacancy Sec. 945.205 Designated
was filled in accordance with Sec. housing for disabled families.
945.303(c);
(a) General.
(iv) A discussion of the impact of the
(1) In general, HUD will approve
designation on the designated project and
designated projects for disabled families
the other public housing projects operated
only if there is a clear demonstration that
by the PHA, using the data obtained from
there is both a need and a demand by
the system developed in Sec. 945.203(c),
disabled families for such designation. In the
including
absence of such demonstrated need and
(A) The number of times there was
demand, PHAs should provide for the
a substantial increase in delaying housing
housing needs of disabled families in the
assistance to families on the PHA's waiting
most integrated setting possible.
list because projects were designated; and
(2) To designate a project for disabled offered; e.g., if the package includes
families, a PHA must submit the allocation transportation assistance, how transportation
plan required by Sec. 945.203 and the assistance will be provided to disabled
supportive service plan described in families);
paragraph (b) of this section. (v) Identify all sources of funding
(3) In its allocation plan, upon which the PHA is relying to deliver
(i) The PHA may not designate a supportive services to residents of the
project for persons with a specific disability; designated housing for disabled families, or
(ii) The designated project does not the supportive service resources to be
have to be made up of contiguous units. provided in lieu of funding;
PHAs are encouraged to place the units in (vi) Submit evidence of a specific
the project, whether contiguous or not, in the contractual commitment or commitments
most integrated setting possible. provided to the PHA by the sources
(4) The consultation process for the identified in paragraph (b)(1)(v) of this
allocation plan provided in Sec. 945.203(b) section to make funds available for
and consultation process for the supportive supportive services, or the delivery of
service plan provided in this section may supportive services available to the PHA for
occur concurrently. at least two calendar years;
(5) If the PHA conducts surveys to (vii) Identify any public and private
determine the need or demand for a service providers, advocates for the interests
designated project for disabled families or of designated housing families, and other
for supportive services in such project, the interested parties with whom the PHA
PHA must protect the confidentiality of the consulted in the development of this
survey responses. supportive service plan, and summarize the
comments and recommendations made by
(b) Supportive Service Plan. The plan these parties. (These comments must be
shall describe how the PHA will provide or maintained for a period of five years, and be
arrange for the provision of the appropriate available for review by HUD as provided in
supportive services requested by the paragraph (b)(2)(vii) of this section.);
disabled families who will occupy the (viii) If applicable, address the need
designated housing and who have expressed for residential supervision of disabled
a need for these services. families (on-site supervision within the
(1) Contents of plan. The supportive designated housing) and how this
service plan, at a minimum, must: supervision is to be provided;
(i) Identify the number of disabled (ix) Include any other information that
families who need the supportive services the PHA determines would assist HUD in
and who have expressed an interest in assessing the suitability of the PHA's
receiving them; supportive service plan; and
(ii) Describe the types of supportive (x) Include any additional information
services that will be provided, and, if that HUD may request, and which is
known, the length of time the supportive appropriate to a determination of the
services will be available; suitability of the supportive service plan.
(iii) Identify each service provider to (2) Public review and comment on the
be utilized, and describe the experience of supportive service plan. In preparing the
the service provider in delivering supportive initial supportive service plan, or any update
services; of the supportive service plan, the PHA
(iv) Describe how the supportive shall:
services will be provided to the disabled (i) Issue public notices regarding its
families that the designated housing is intention to provide supportive services to
expected to serve (how the services will be designated housing for disabled families and
provided depends upon the type of service
(b) PHA duty to affirmatively further fair 5.609) is used both for determination of
housing. The PHA must affirmatively income eligibility under paragraph (a) and
further fair housing in the administration of for PHA income targeting under Sec.
its public housing program. 960.202
(c) Equal opportunity certification. The (c) Reporting. The PHA must comply
PHA must submit signed equal opportunity with HUD-prescribed reporting
certifications to HUD in accordance with requirements that will permit HUD to
Sec. 903.7(o) of this title, including maintain the data, as determined by HUD,
certification that the PHA will affirmatively necessary to monitor compliance with
further fair housing. income eligibility and targeting requirement.
shall be extremely low income families. their expense, at the discretion of the PHA;
This is called the ``basic targeting and
requirement.'' (3) Be consistent with the fair housing
(ii) To the extent provided in paragraph and equal opportunity provisions of Sec.
(b)(2) of this section, admission of 5.105 of this title; and
extremely low income families to the PHA's (4) Be submitted to the HUD field office
Section 8 voucher program during the same upon request from that office.
PHA fiscal year is credited against the basic
targeting requirement. Sec. 960.203 Standards for
(iii) A PHA must comply with both the PHA tenant selection criteria.
targeting requirement found in this part and
(a) The tenant selection criteria to be
the deconcentration requirements found in
established and information to be considered
part 903 of this chapter.
shall be reasonably related to individual
(2) Credit for admissions to PHA voucher
attributes and behavior of an applicant and
program. (i) If admissions of extremely low
shall not be related to those which may be
income families to the PHA's voucher
imputed to a particular group or category of
program during a PHA fiscal year exceeds
persons of which an applicant may be a
the 75 percent minimum targeting
member. The PHA may use local
requirement for the PHA's voucher program
preferences, as provided in Sec. 960.206.
(see 24 CFR 982.201(b)(2)), such excess
(b) Under the Public Housing Assessment
shall be credited (subject to the limitations
System (PHAS), PHAs that have adopted
in paragraph (b)(2)(ii) of this section)
policies, implemented procedures and can
against the PHA's basic targeting
document that they successfully screen out
requirement for the same fiscal year.
and deny admission to certain applicants
(ii) The fiscal year credit for voucher
with unfavorable criminal histories receive
program admissions that exceed the
points. (See 24 CFR 902.43(a)(5).) This
minimum voucher program targeting
policy takes into account the importance of
requirement shall not exceed the lower of:
screening to public housing communities
(A) Ten percent of public housing waiting
and program integrity, and the demand for
list admissions during the PHA fiscal year;
assisted housing by families who will adhere
(B) Ten percent of waiting list admission
to lease responsibilities.
to the PHA's Section 8 tenant-based
(c) In selection of families for admission
assistance program during the PHA fiscal
to its public housing program, or to occupy a
year; or
public housing development or unit, the
(C) The number of qualifying low income
PHA is responsible for screening family
families who commence occupancy during
behavior and suitability for tenancy. The
the fiscal year of PHA public housing units
PHA may consider all relevant information,
located in census tracts with a poverty rate
which may include, but is not limited to:
of 30 percent or more. For this purpose,
(1) An applicant's past performance in
qualifying low income family means a low
meeting financial obligations, especially
income family other than an extremely low
rent;
income family.
(2) A record of disturbance of neighbors,
(c) Adoption and availability of tenant
destruction of property, or living or
selection policies. These selection policies
housekeeping habits at prior residences
shall:
which may adversely affect the health,
(1) Be duly adopted and implemented;
safety or welfare of other tenants; and
(2) Be publicized by posting copies
(3) A history of criminal activity
thereof in each office where applications are
involving crimes of physical violence to
received and by furnishing copies to
persons or property and other criminal acts
applicants or tenants upon request, free or at
which would adversely affect the health,
safety or welfare of other tenants. (See Sec. program or evidence of otherwise having
960.204.) With respect to criminal activity been rehabilitated successfully.
described in Sec. 960.204: (ii) If rehabilitation is not an element of
(i) The PHA may require an applicant to the eligibility determination (see Sec.
exclude a household member in order to be 960.204(a)(1)), the PHA may choose not to
admitted to the housing program where that consider whether the person has been
household member has participated in or rehabilitated.
been culpable for actions described in Sec.
960.204 that warrants denial. Sec. 960.204 Denial of
(ii) The PHA may, where a statute admission for criminal activity
requires that the PHA prohibit admission for
or drug abuse by household
a prescribed period of time after some
disqualifying behavior or event, choose to members.
continue that prohibition for a longer period (a) Required denial of admission. (1)
of time. Persons evicted for drug-
(d) In the event of the receipt of related criminal activity. The PHA standards
unfavorable information with respect to an must prohibit admission of an applicant to
applicant, consideration shall be given to the the PHA's public housing program for three
time, nature, and extent of the applicant's years from the date of the eviction if any
conduct (including the seriousness of the household member has been evicted from
offense). federally assisted housing for drug-related
(1) In a manner consistent with the PHA's criminal activity. However, the PHA may
policies, procedures and practices referenced admit the household if the PHA determines:
in paragraph (b) of this section, (i) The evicted household member who
consideration may be given to factors which engaged in drug-related criminal activity has
might indicate a reasonable probability of successfully completed a supervised drug
favorable future conduct. For example: rehabilitation program approved by the
(i) Evidence of rehabilitation; and PHA; or
(ii) Evidence of the applicant family's (ii) The circumstances leading to the
participation in or willingness to participate eviction no longer exist (for example, the
in social service or other appropriate criminal household member has died or is
counseling service programs and the imprisoned).
availability of such programs; (2) Persons engaging in illegal use of a
(2) Consideration of rehabilitation. (i) In drug. The PHA must establish standards that
determining whether to deny admission for prohibit admission of a household to the
illegal drug use or a pattern of illegal drug PHA's public housing program if:
use by a household member who is no (i) The PHA determines that any
longer engaging in such use, or for abuse or household member is currently engaging in
a pattern of abuse of alcohol by a household illegal use of a drug (For purposes of this
member who is no longer engaging in such section, a household member is ``currently
abuse, the PHA may consider whether such engaged in'' the criminal activity if the
household member is participating in or has person has engaged in the behavior recently
successfully completed a supervised drug or enough to justify a reasonable belief that the
alcohol rehabilitation program, or has behavior is current); or
otherwise been rehabilitated successfully (42 (ii) The PHA determines that it has
U.S.C. 13661). For this purpose, the PHA reasonable cause to believe that a household
may require the applicant to submit evidence member's illegal use or pattern of illegal use
of the household member's current of a drug may threaten the health, safety, or
participation in, or successful completion of, right to peaceful enjoyment of the premises
a supervised drug or alcohol rehabilitation by other residents.
Act, 42 U.S.C. 290dd-2, and implementing paragraph (d) of this section before
regulations at 42 CFR part 2, with respect to admitting any family to the PHA's public
responsibilities of the drug abuse treatment housing program. For each such family, the
facility.) request must be submitted for each proposed
(2) The consent form submitted for a household member described in paragraph
proposed household member must expire (c)(1) of this section.
automatically after the PHA has made a (ii) Policy B--Request for certain
final decision to either approve or deny the household members. Under Policy B, the
admission of such person. PHA must submit a request to a drug abuse
(d) PHA request for information from treatment facility only with respect to each
drug use treatment facility. (1) The PHA proposed household member:
may request that a drug abuse treatment (A) Whose criminal record indicates prior
facility disclose whether the drug abuse arrest or conviction for any criminal activity
treatment facility has reasonable cause to that may be a basis for denial of admission
believe that the proposed household member under Sec. 960.205; or
is currently engaging in the illegal use of a (B) Whose prior tenancy records indicate
drug (as defined in Sec. 5.100 of this title). that the proposed household member:
(2) The PHA's request to the drug abuse (1) Engaged in the destruction of
treatment facility must include a copy of the property;
consent form signed by the proposed (2) Engaged in violent activity against
household member. another person; or
(3) A drug abuse treatment facility is not (3) Interfered with the right of peaceful
liable for damages based on any information enjoyment of the premises of other
required to be disclosed under this section if residents.
such disclosure is consistent with section (4) The policy adopted by the PHA must
543 of the Public Health Service Act (42 be included in the PHA administrative plan
U.S.C. 290dd-2). and the PHA plan.
(4) The PHA is not obligated to request (f) Records management and
information from a drug treatment facility confidentiality. Each PHA that receives
under this section, and is not liable for information from a drug abuse treatment
damages for failing to request or receive facility under this section must establish and
such information. implement a system of records management
(5) A drug abuse treatment facility may that ensures that any information which the
charge the PHA a reasonable fee for PHA receives from the drug abuse treatment
information provided under this section. The facility about a person:
PHA may not pass along to the applicant or (1) Is maintained confidentially in
tenant the costs of obtaining this accordance with section 543 of the Public
information. Health Service Act (12 U.S.C. 290dd-2);
(e) Prohibition of discriminatory (2) Is not misused or improperly
treatment of applicants. (1) A PHA may disseminated; and
request information from a drug abuse (3) Is destroyed, as applicable:
treatment facility under paragraph (d) of this (i) Not later than 5 business days after the
section only if the PHA has adopted and has PHA makes a final decision to admit the
consistently implemented either of the person as a household member under the
following policies, obtaining a signed PHA's public housing program; or
consent form from the proposed household (ii) If the PHA denies the admission of
members: such person as a household member, in a
(i) Policy A--Request for all families. timely manner after the date on which the
Under Policy A, the PHA must submit a statute of limitations for the commencement
request for information to a drug abuse of a civil action based upon that denial of
treatment facility in accordance with admissions has expired without the filing of
a civil action or until final disposition of any preference area''). A county or municipality
such litigation. may be used as a residency preference area.
An area smaller than a county or
Sec. 960.206 Waiting list: Local municipality may not be used as a residency
preferences in admission to preference area.
(iii) Any PHA residency preferences must
public housing program.
be included in the statement of PHA policies
(a) Establishment of PHA local that govern eligibility, selection and
preferences. (1) The PHA may adopt a admission to the program, which is included
system of local preferences for selection of in the PHA annual plan (or supporting
families admitted to the PHA's public documents) pursuant to part 903 of this
housing program. The PHA system of chapter. Such policies must specify that use
selection preferences must be based on local of a residency preference will not have the
housing needs and priorities as determined purpose or effect of delaying or otherwise
by the PHA. In determining such needs and denying admission to the program based on
priorities, the PHA shall use generally the race, color, ethnic origin, gender,
accepted data sources. Such sources include religion, disability, or age of any member of
public comment on the PHA plan (as an applicant family.
received pursuant to Sec. 903.17 of this (iv) A residency preference must not be
chapter), and on the consolidated plan for based on how long an applicant has resided
the relevant jurisdiction (as received or worked in a residency preference area.
pursuant to part 91 of this title). (v) Applicants who are working or who
(2) The PHA may limit the number of have been notified that they are hired to
applicants that qualify for any local work in a residency preference area must be
preference. treated as residents of the residency
(3) PHA adoption and implementation of preference area. The PHA may treat
local preferences is subject to HUD graduates of, or active participants in,
requirements concerning income-targeting education and training programs in a
(Sec. 960.202(b)), deconcentration and residency preference area as residents of the
income-mixing (Sec. 903.7), and selection residency preference area if the education or
preferences for developments designated training program is designed to prepare
exclusively for elderly or disabled families individuals for the job market.
or for mixed population developments (Sec. (2) Preference for working families. The
960.407). PHA may adopt a preference for admission
(4) The PHA must inform all applicants of working families (families where the
about available preferences and must give head, spouse, or sole member, is employed).
applicants an opportunity to show that they However, an applicant must be given the
qualify for available preferences. benefit of the working family preference if
(b) Particular local preferences--(1) the head and spouse, or sole member is age
Residency requirements or preferences. 62 or older, or is a person with disabilities.
(i) Residency requirements are prohibited. (3) Preference for person with disabilities.
Although a PHA is not prohibited from The PHA may adopt a preference for
adopting a residency preference, the PHA admission of families that include a person
may only adopt or implement residency with disabilities. However, the PHA may not
preferences in accordance with non- adopt a preference for persons with a
discrimination and equal opportunity specific disability.
requirements listed at Sec. 5.105(a) of this (4) Preference for victims of domestic
title. violence. The PHA should consider whether
(ii) A residency preference is a preference to adopt a local preference for admission of
for admission of persons who reside in a families that include victims of domestic
specified geographic area (``residency violence.
(5) Preference for single persons who are requirements for admission, including the
elderly, displaced, homeless or a person with tenant selection criteria, the applicant must
disabilities. The PHA may adopt a be notified of the approximate date of
preference for admission of single persons occupancy insofar as that date can be
who are age 62 or older, displaced, reasonably determined.
homeless, or persons with disabilities over
other single persons. Subpart C--Rent and
(c) Selection for particular unit. In
selecting a family to occupy a particular
Reexamination
unit, the PHA may match characteristics of Source: 65 FR 16726, Mar. 29, 2000,
the family with the type of unit available, for unless otherwise noted.
example, number of bedrooms. In selection
of families to occupy units with special Sec. 960.253 Choice of rent.
accessibility features for persons with (a) Rent options. (1) Annual choice by
disabilities, the PHA must first offer such family. Once a year, the PHA must give
units to families which include persons with each family the opportunity to choose
disabilities who require such accessibility between the two methods for determining
features (see Secs. 8.27 and 100.202 of this the amount of tenant rent payable monthly
title). by the family. The family may choose to pay
(d) Housing assistance limitation for as tenant rent either a flat rent as determined
single persons. A single person who is not in accordance with paragraph (b) of this
an elderly or displaced person, or a person section, or an income-based rent as
with disabilities, or the remaining member determined in accordance with paragraph (c)
of a resident family may not be provided a of this section. Except for financial hardship
housing unit with two or more bedrooms. cases as provided in paragraph (d) of this
(e) Selection method. (1) The PHA must section, the family may not be offered this
use the following to select among applicants choice more than once a year.
on the waiting list with the same priority for (2) Relation to minimum rent. Regardless
admission: of whether the family chooses to pay a flat
(i) Date and time of application; or rent or income-based rent, the family must
(ii) A drawing or other random choice pay at least the minimum rent as determined
technique. in accordance with Sec. 5.630 of this title.
(2) The method for selecting applicants (b) Flat rent. (1) The flat rent is based on
must leave a clear audit trail that can be used the market rent charged for comparable units
to verify that each applicant has been in the private unassisted rental market. It is
selected in accordance with the method equal to the estimated rent for which the
specified in the PHA plan. PHA could promptly lease the public
housing unit after preparation for
Sec. 960.208 Notification to occupancy.
applicants. (2) The PHA must use a reasonable
method to determine the flat rent for a unit.
(a) The PHA must promptly notify any
To determine the flat rent, the PHA must
applicant determined to be ineligible for
consider:
admission to a project of the basis for such
(i) The location, quality, size, unit type
determination, and must provide the
and age of the unit; and
applicant upon request, within a reasonable
(ii) Any amenities, housing services,
time after the determination is made, with an
maintenance and utilities provided by the
opportunity for an informal hearing on such
PHA.
determination.
(3) The flat rent is designed to encourage
(b) When a determination has been made
self-sufficiency and to avoid creating
that an applicant is eligible and satisfies all
disincentives for continued residency by
families who are attempting to become limitation that the tenant rent plus any utility
economically self-sufficient. allowance may not exceed the total tenant
(4) If the family chooses to pay a flat rent, payment.
the PHA does not pay any utility (e) Information for families. For the
reimbursement. family to make an informed choice about its
(5) The PHA must maintain records that rent options, the PHA must provide
document the method used to determine flat sufficient information for an informed
rents, and also show how flat rents are choice. Such information must include at
determined by the PHA in accordance with least the following written information:
this method, and document flat rents offered (1) The PHA's policies on switching type
to families under this method. of rent in circumstances of financial
(c) Income-based rent. (1) An income- hardship, and
based rent is a tenant rent that is based on (2) The dollar amounts of tenant rent for
the family's income and the PHA's rent the family under each option. If the family
policies for determination of such rents. chose a flat rent for the previous year, the
(2) The PHA rent policies may specify PHA is required to provide the amount of
that the PHA will use percentage of family income-based rent for the subsequent year
income or some other reasonable system to only the year the PHA conducts an income
determine income-based rents. The PHA reexamination or if the family specifically
rent policies may provide for depositing a requests it and submits updated income
portion of tenant rent in an escrow or information. For a family that chooses the
savings account, for imposing a ceiling on flat rent option, the PHA must conduct a
tenant rents, for adoption of permissive reexamination of family income at least
income deductions (see Sec. 5.611(b) of this once every three years.
title), or for another reasonable system to (f) Switch from flat rent to income-based
determining the amount of income-based rent because of hardship. (1) A family that is
tenant rent. paying a flat rent may at any time request a
(3) The income-based tenant rent must not switch to payment of income-based rent
exceed the total tenant payment (Sec. 5.628 (before the next annual option to select the
of this title) for the family minus any type of rent) if the family is unable to pay
applicable utility allowance for tenant-paid flat rent because of financial hardship. The
utilities. If the utility allowance exceeds the PHA must adopt written policies for
total tenant payment, the PHA shall pay determining when payment of flat rent is a
such excess amount (the utility financial hardship for the family.
reimbursement) either to the family or (2) If the PHA determines that the family
directly to the utility supplier to pay the is unable to pay the flat rent because of
utility bill on behalf of the family. If the financial hardship, the PHA must
PHA elects to pay the utility supplier, the immediately allow the requested switch to
PHA must notify the family of the amount income-based rent. The PHA shall make the
of utility reimbursement paid to the utility determination within a reasonable time after
supplier. the family request.
(d) Ceiling rent. Instead of using flat (3) The PHA policies for determining
rents, a PHA may retain ceiling rents that when payment of flat rent is a financial
were authorized and established before hardship must provide that financial
October 1, 1999, for a period of three years hardship include the following situations:
from October 1, 1999. After this three year (i) The family has experienced a decrease
period, the PHA must adjust such ceiling in income because of changed
rents to the level required for flat rents under circumstances, including loss or reduction of
this section; however, ceiling rents are employment, death in the family, or
subject to paragraph (a) of this section, the reduction in or loss of earnings or other
annual reexamination requirements, and the assistance;
(i) Family verification and disclosure of for the family available at a rent not
social security numbers; exceeding the tenant rent; or
(ii) Family execution and submission of (b) It is required to do so by local law.
consent forms for obtaining wage and claim
information from State Wage Information Subpart D--Preference for
Collection Agencies (SWICAs).
(4) Any information supplied by the
Elderly Families and Disabled
family must be true and complete. Families in Mixed Population
(b) Family release and consent. (1) As a Projects
condition of admission to or continued Source: 59 FR 17667, Apr. 13, 1994,
assistance under the program, the PHA shall unless otherwise noted.
require the family head, and such other
family members as the PHA designates, to Sec. 960.401 Purpose.
execute a consent form (including any
release and consent as required under Sec. This subpart establishes a preference for
5.230 of this title) authorizing any elderly families and disabled families for
depository or private source of income, or admission to mixed population public
any Federal, State or local agency, to furnish housing projects, as defined in Sec. 960.405.
or release to the PHA or HUD such
information as the PHA or HUD determines Sec. 960.403 Applicability.
to be necessary. (a) This subpart applies to all dwelling
(2) The use or disclosure of information units in mixed population projects (as
obtained from a family or from another defined in Sec. 960.405), or portions of
source pursuant to this release and consent mixed population projects, assisted under
shall be limited to purposes directly the U.S. Housing Act of 1937. These
connected with administration of the projects formerly were known as elderly
program. projects.
(c) PHA responsibility for reexamination (b) This subpart does not apply to section
and verification. (1) The PHA must obtain 23 and section 10(c) leased housing projects
and document in the family file third party or the section 23 Housing Assistance
verification of the following factors, or must Payments Program where the owners enter
document in the file why third party into leases directly with the tenants, or to the
verification was not available: Section 8 Housing Assistance Payments
(i) Reported family annual income; Program, the Low-Rent Housing
(ii) The value of assets; Homeownership Opportunities Program
(iii) Expenses related to deductions from (Turnkey III), the Mutual Help
annual income; and Homeownership Opportunities Program, or
(iv) Other factors that affect the to Indian Housing Authorities. (For
determination of adjusted income or applicability to Indian Housing Authorities,
income-based rent. see part 905 of this chapter.) Additionally,
this subpart is not applicable to projects
Sec. 960.261 Restriction on designated for elderly families or designated
eviction of families based on for disabled families in accordance with 24
CFR part 945.
income.
No PHA shall commence eviction Sec. 960.407 Selection
proceedings based on the income of the
tenant family unless: preference for mixed
(a) It has determined that there is decent, population developments.
safe, and sanitary housing of suitable size (a) The PHA must give preference to
elderly families and disabled families
equally in determining priority for not less than the PHA's cost to operate the
admission to mixed population unit;
developments. The PHA may not establish a (d) The lease to the over-income family
limit on the number of elderly families or provides that the family agrees to vacate the
disabled families who may be accepted for unit when needed for rental to an eligible
occupancy in a mixed population family; and
development. (e) The PHA gives the over-income
(b) In selecting elderly families and family at least thirty days notice to vacate
disabled families to occupy units in mixed the unit when the unit is needed for rental to
population developments, the PHA must an eligible family.
first offer units that have special
accessibility features for persons with Sec. 960.505 Occupancy by
disabilities to families who include persons police officers to provide
with disabilities who require the
security for public housing
accessibility features of such units (see Secs.
8.27 and 100.202 of this title). residents.
[65 FR 16729, Mar. 29, 2000] (a) Police officer. For purpose of this
subpart E, ``police officer'' means a person
Subpart E--Occupancy by determined by the PHA to be, during the
period of residence of that person in public
Over-Income Families or housing, employed on a full-time basis as a
Police Officers duly licensed professional police officer by a
Source: 65 FR 16729, Mar. 29, 2000, Federal, State or local government or by any
unless otherwise noted. agency of these governments. An officer of
an accredited police force of a housing
Sec. 960.503 Occupancy by agency may qualify.
over-income families. (b) Occupancy in public housing. For the
purpose of increasing security for residents
A PHA that owns or operates fewer than of a public housing development, the PHA
two hundred fifty (250) public housing may allow police officers who would not
units, may lease a unit in a public housing otherwise be eligible for occupancy in
development to an over-income family (a public housing, to reside in a public housing
family whose annual income exceeds the dwelling unit. The PHA must include in the
limit for a low income family at the time of PHA annual plan or supporting documents
initial occupancy), in accordance with its the number and location of the units to be
PHA annual plan (or supporting documents), occupied by police officers, and the terms
if all the following conditions are satisfied: and conditions of their tenancies; and a
(a) There are no eligible low income statement that such occupancy is needed to
families on the PHA waiting list or applying increase security for public housing
for public housing assistance when the unit residents.
is leased to an over-income family;
(b) The PHA has publicized availability
of the unit for rental to eligible low income
Subpart F--When Resident
families, including publishing public notice Must Perform Community
of such availability in a newspaper of Service Activities or Self-
general circulation in the jurisdiction at least Sufficiency Work Activities
thirty days before offering the unit to an
over-income family; Source: 65 FR 16729, Mar. 29, 2000,
(c) The over-income family rents the unit unless otherwise noted.
on a month-to-month basis for a rent that is
Sec. 960.600 Implementation. under any other welfare program of the State
PHAs and residents must comply with the in which the PHA is located, including a
requirements of this subpart beginning with State-administered welfare-to-work
PHA fiscal years that commence on or after program; or
October 1, 2000. Unless otherwise provided (5) Is a member of a family receiving
by Sec. 903.11 of this chapter, Annual Plans assistance, benefits or services under a State
submitted for those fiscal years are required program funded under part A of title IV of
to contain information regarding the PHA's the Social Security Act (42 U.S.C. 601 et
compliance with the community service seq.) or under any other welfare program of
requirement, as described in Sec. 903.7 of the State in which the PHA is located,
this chapter. including a State-
administered welfare-to-work program, and
has not been found by the State or other
Sec. 960.601 Definitions. administering entity to be in noncompliance
(a) Definitions found elsewhere. with such a program.
(1) General definitions. The following Service requirement. The obligation of
terms are defined in part 5, subpart A of this each adult resident, other than an exempt
title: public housing, public housing agency individual, to perform community service or
(PHA). participate in an economic-self sufficiency
(2) Definitions concerning income and program required in accordance with Sec.
rent. The following terms are defined in part 960.603.
5, subpart F of this title: economic self-
sufficiency program, work activities. Sec. 960.603 General
(b) Other definitions. In addition to the
definitions in paragraph (a) of this section,
requirements.
the following definitions apply: (a) Service requirement. Except for any
Community service. The performance of family member who is an exempt individual,
voluntary work or duties that are a public each adult resident of public housing must:
benefit, and that serve to improve the quality (1) Contribute 8 hours per month of
of life, enhance resident self-sufficiency, or community service (not including political
increase resident self-responsibility in the activities); or
community. Community service is not (2) Participate in an economic self-
employment and may not include political sufficiency program for 8 hours per month;
activities. or
Exempt individual. An adult who: (3) Perform 8 hours per month of
(1) Is 62 years or older; combined activities as described in
(2)(i) Is a blind or disabled individual, as paragraphs (a)(1) and (a)(2) of this section.
defined under 216(i)(1) or 1614 of the (b) Family violation of service
Social Security Act (42 U.S.C. 416(i)(1); requirement. The lease shall specify that it
1382c), and who certifies that because of shall be renewed automatically for all
this disability she or he is unable to comply purposes, unless the family fails to comply
with the service provisions of this subpart, with the service requirement. Violation of
or the service requirement is grounds for
(ii) Is a primary caretaker of such nonrenewal of the lease at the end of the
individual; twelve month lease term, but not for
(3) Is engaged in work activities; termination of tenancy during the course of
(4) Meets the requirements for being the twelve month lease term (see Sec.
exempted from having to engage in a work 966.4(l)(2)(i) of this chapter).
activity under the State program funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) or
(1) The tenant, and any other Regulations that apply to pet ownership in
noncompliant resident, enter into a written such developments are located in part 5,
agreement with the PHA, in the form and subpart C, of this title.
manner required by the PHA, to cure such
noncompliance by completing the additional Sec. 960.705 Animals that
hours of community service or economic assist, support, or provide
self-sufficiency activity needed to make up
service to persons with
the total number of hours required over the
twelve-month term of the new lease, and disabilities.
(2) All other members of the family who (a) This subpart G does not apply to
are subject to the service requirement are animals that assist, support or provide
currently complying with the service service to persons with disabilities. PHAs
requirement or are no longer residing in the may not apply or enforce any policies
unit. established under this subpart against
animals that are necessary as a reasonable
Sec. 960.609 Prohibition accommodation to assist, support or provide
against replacement of PHA service to persons with disabilities. This
exclusion applies to such animals that reside
employees. in public housing, as that term is used in
In implementing the service requirement Sec. 960.703, and such animals that visit
under this subpart, the PHA may not these developments.
substitute community service or self- (b) Nothing in this subpart G:
sufficiency activities performed by residents (1) Limits or impairs the rights of persons
for work ordinarily performed by PHA with disabilities;
employees, or replace a job at any location (2) Authorizes PHAs to limit or impair
where residents perform activities to satisfy the rights of persons with disabilities; or
the service requirement. (3) Affects any authority that PHAs may
have to regulate service animals that assist,
Subpart G--Pet Ownership in support or provide service to persons with
Public Housing disabilities, under Federal, State, or local
law.
Source: 65 FR 42522, July 10, 2000,
unless otherwise noted.
Sec. 960.707 Pet ownership.
Sec. 960.701 Purpose. (a) Ownership Conditions. A resident of a
dwelling unit in public housing, as that term
The purpose of this subpart is, in
is used in Sec. 960.703, may own one or
accordance with section 31 of the United
more common household pets or have one
States Housing Act of 1937 (42 U.S.C.
or more common household pets present in
1437z-3), to permit pet ownership by
the dwelling unit of such resident, subject to
residents of public housing, subject to
the reasonable requirements of the PHA, if
compliance with reasonable requirements
the resident maintains each pet:
established by the public housing agency
(1) Responsibly;
(PHA) for pet ownership.
(2) In accordance with applicable State
and local public health, animal control, and
Sec. 960.703 Applicability. animal anti-cruelty laws and regulations;
This subpart applies to public housing as and
that term is defined in section 3(b) of the (3) In accordance with the policies
United States Housing Act of 1937 (42 established in the PHA Annual Plan for the
U.S.C. 1437a(b)), except that such term does agency as provided in part 903 of this
not include public housing developments for chapter.
the elderly or persons with disabilities.
(c)(1) Subpart C of this part contains [57 9R 43636, Aug. 24, 1994, as
HUD policies, procedures, and requirements amended at 64 FR 56879, Oct. 21, 1999]
for residents participating in the Tenant
Opportunities Program (TOP) (replaces the Sec. 964.7 Definitions.
Resident Management Program under Annual Contributions Contract (ACC). A
Section 20 of the United States Housing Act contract (in the form prescribed by HUD)
of 1937). Resident management in public under which HUD agrees to provide
housing is viable and remains an option financial assistance, and the HA agrees to
under TOP. comply with HUD requirements for the
(2) Subpart C of this part is not intended development and operation of the public
to negate any pre- housing project.
existing arrangements for resident Eligible residents for FIC. A participating
management in public housing between a resident of a participating HA. If the HA is
PHA and a resident management combining FIC with the Family Self-
corporation. On or after September 23, Sufficiency (FSS) program, the term also
1994, any new, renewed or renegotiated means Public Housing FSS and Section 8
contracts must meet the requirements of this families participating in the FSS program.
part, the ACC and all applicable laws and Although Section 8 FSS families are eligible
regulations. residents for FIC, they do not qualify for
(d) Subpart D of this part includes income exclusions that are provided for
requirements for the Family Investment public housing residents participating in
Centers (FIC) Program which was employment and supportive service
established by Section 22 of the United programs.
States Housing Act of 1937 (42 U.S.C. Family Investment Centers (FIC). A
1437t) to provide families living in public facility on or near public housing which
housing and Indian housing with better provides families living in public housing
access to educational and employment with better access to educational and
opportunities. employment opportunities to achieve self-
(e) Subpart E of this part implements sufficiency and independence.
section 2(b) of the United States Housing FIC service coordinator. Any person who
Act of 1937 (42 U.S.C. 1437), which is responsible for:
provides for resident membership on the (1) Determining the eligibility and
board of directors or similar governing body assessing needs of families to be served by
of a PHA. Subpart E applies to any public the FIC;
housing agency that has a public housing (2) Assessing training and service needs
annual contributions contract with HUD or of eligible residents;
administers tenant-based rental under (3) Working with service providers to
section 8 of the United States Housing Act coordinate the provision of services on a
of 1937 (42 U.S.C. 1437f). HA-wide or less than HA-wide basis, and to
(f) The term ``resident,'' as used tailor the services to the needs and
throughout this part, is interchangeable with characteristics of eligible residents;
the term ``tenant,'' to reflect the fact that (4) Mobilizing public and private
local resident organizations have differing resources to ensure that the supportive
preferences for the terms. Terms such as services identified can be funded over the
``resident council'' and ``tenant council'' and five-year period, at least, following the
``resident management'' and ``tenant initial receipt of funding.
management'' are interchangeable. (5) Monitoring and evaluating the
Hereafter, for ease of discussion, the rule delivery, impact, and effectiveness of any
will use the terms resident, resident council supportive service funded with capital or
and resident management corporation, as operating assistance under the FIC program;
appropriate.
Sec. 964.12 HUD policy on the including resident management are local
Tenant Opportunities Program decisions to be made jointly by resident
councils/resident management corporations
(TOP). and their HAs. HUD will promote tenant
HUD promotes TOP programs to support participation and tenant opportunities
activities that enable residents to improve programs, and will provide additional
the quality of life and resident satisfaction, guidance, as necessary and appropriate. In
and obtain other social and economic addition, HUD will endeavor to provide
benefits for residents and their families. technical assistance in connection with these
Tenant opportunity programs are proven to initiatives.
be effective in facilitating economic uplift, (b) Monitoring. HUD shall ensure that the
as well as in improving the overall requirements under this part are operating
conditions of the public housing efficiently and effectively.
communities.
Sec. 964.18 HA role in activities
Sec. 964.14 HUD policy on under subparts B & C.
partnerships. (a) HAs with 250 units or more. (1) A HA
HUD promotes partnerships between shall officially recognize a duly elected
residents and HAs which are an essential resident council as the sole representative of
component to building, strengthening and the residents it purports to represent, and
improving public housing. Strong support its tenant participation activities.
partnerships are critical for creating positive (2) When requested by residents, a HA
changes in lifestyles thus improving the shall provide appropriate guidance to
quality of life for public housing residents, residents to assist them in establishing and
and the surrounding community. maintaining a resident council.
(3) A HA may consult with residents, or
Sec. 964.15 HUD policy on resident councils (if they exist), to determine
resident management. the extent to which residents desire to
It is HUD's policy to encourage resident participate in activities involving their
management. HUD encourages HAs, community, including the management of
resident councils and resident management specific functions of a public housing
corporations to explore the various functions development that may be mutually agreeable
involved in management to identify to the HA and the resident council/resident
appropriate opportunities for contracting management corporation.
with a resident management corporation. (4) A HA shall provide the residents or
Potential benefits of resident-managed any resident council with current
entities include improved quality of life, information concerning the HA's policies on
experiencing the dignity of meaningful tenant participation in management.
work, enabling residents to choose where (5) If requested, a HA should provide a
they want to live, and meaningful duly recognized resident council office
participation in the management of the space and meeting facilities, free of charge,
housing development. preferably within the development it
represents. If there is no community or
rental space available, a request to approve a
Sec. 964.16 HUD role in
vacant unit for this non-
activities under this part. dwelling use will be considered on a case-
(a) General. Subject to the requirements by-case basis.
of this part and other requirements imposed (6) If requested, a HA shall negotiate with
on HAs by the ACC, statute or regulation, the duly elected resident council on all uses
the form and extent of resident participation of community space for meetings, recreation
and social services and other resident partnership agreement and it shall be
participation activities pursuant to HUD updated at least once every three (3) years.
guidelines. Such agreements shall be put (11) The HA, in collaboration with the
into a written document to be signed by the resident councils, shall assume the lead role
HA and the resident council. If a HA fails to for assuring maximum opportunities for
negotiate with a resident council in good skills training for public housing residents.
faith or, after negotiations, refuses to permit To the extent possible, the training resources
such usage of community space, the resident should be local to ensure maximum benefit
council may file an informal appeal with and on-
HUD, setting out the circumstances and going access.
providing copies of relevant materials (b) HAs with fewer than 250 units. (1)
evidencing the resident council's efforts to HAs with fewer than 250 units of public
negotiate a written agreement. HUD shall housing have the option of participating in
require the HA to respond with a report programs under this part.
stating the HA's reasons for rejecting the (2) HAs shall not deny residents the
request or for refusing to negotiate. HUD opportunity to organize. If the residents
shall require the parties (with or without decide to organize and form a resident
direct HUD participation) to undertake or to council, the HA shall comply with the
resume negotiations on an agreement. If no following:
resolution is achieved within 90 days from (i) A HA shall officially recognize a duly
the date HUD required the parties to elected resident council as the sole
undertake or resume such negotiations, representative of the residents it purports to
HUD shall serve notice on both parties that represent, and support its tenant
administrative remedies have been participation activities.
exhausted (except that, pursuant to mutual (ii) When requested by residents, a HA
agreement of the parties, the time for shall provide appropriate guidance to
negotiations may be extended by no more residents to assist them in establishing and
than an additional 30 days). maintaining a resident council.
(7) In no event shall HUD or a HA (iii) A HA shall provide the residents or
recognize a competing resident council once any resident council with current
a duly elected resident council has been information concerning the HA's policies on
established. Any funding of resident tenant participation in management.
activities and resident input into decisions (iv) In no event shall HUD or a HA
concerning public housing operations shall officially recognize a competing resident
be made only through the officially council once a duly elected resident council
recognized resident council. has been established. If a duly elected
(8) The HA shall ensure open resident council has been formed, any input
communication and frequent meetings into changes concerning public housing
between HA management and resident operations shall be made only through the
councils and shall encourage the formation officially recognized resident council.
of joint HA management-resident
committees to work on issues and planning. Sec. 964.24 HUD policy on FIC
(9) The resident council shall hold Program.
frequent meetings with the residents to
HUD promotes Family Investment
ensure that residents have input, and are
Centers which provide better access to
aware and actively involved in HA
educational and employment opportunities
management-resident council decisions and
for residents living in public housing. HUD
activities.
encourages resident involvement in the FIC
(10) The HA and resident council shall
Program and promotes resident-HA
put in writing in the form of a Memorandum
partnerships to achieve mutual goals.
of Understanding the elements of their
order to hold a recall election. This threshold establishing the corporation; include
shall not be less than 10 percent of the qualifications to run for office, frequency of
voting membership. elections, procedures for recall, and term
(c) It must have a democratically elected limits if desired.
governing board that is elected by the voting (e) Its voting members shall be heads of
membership. At a minimum, the governing households (any age) and other residents at
board should consist of five (5) elected least 18 years of age and whose name
board members. appears on the lease of a unit in the public
The voting membership must consist of housing represented by the resident
heads of households (any age) and other management corporation;
residents at least 18 years of age or older (f) Where a resident council already exists
and whose name appears on a lease for the for the development, or a portion of the
unit in the public housing that the resident development, the resident management
council represents. corporation shall be approved by the
resident council board and a majority of the
Sec. 964.117 Resident council residents. If there is no resident council, a
partnerships. majority of the residents of the public
housing development it will represent must
A resident council may form partnerships
approve the establishment of such a
with outside organizations, provided that
corporation for the purposes of managing
such relationships are complementary to the
the project; and
resident council in its duty to represent the
(g) It may serve as both the resident
residents, and provided that such outside
management corporation and the resident
organizations do not become the governing
council, so long as the corporation meets the
entity of the resident council.
requirements of this part for a resident
council.
Sec. 964.120 Resident
management corporation Sec. 964.125 Eligibility for
requirements. resident council membership.
A resident management corporation must (a) Any member of a public housing
consist of residents residing in public household whose name is on the lease of a
housing and have each of the following unit in the public housing development and
characteristics in order to receive official meets the requirements of the by-laws is
recognition by the HA and HUD: eligible to be a member of a resident
(a) It shall be a non-profit organization council. The resident council may establish
that is validly incorporated under the laws of additional criteria that are non-
the State in which it is located; discriminatory and do not infringe on rights
(b) It may be established by more than of other residents in the development. Such
one resident council, so long as each such criteria must be stated in the by-laws or
council: constitution as appropriate.
(1) Approves the establishment of the (b) The right to vote for resident council
corporation; and board shall be limited to designated heads of
(2) Has representation on the Board of households (any age) and other members of
Directors of the corporation; the household who are 18 years or older
(c) It shall have an elected Board of whose name appears on the lease of a unit in
Directors, and elections must be held at least the public housing development represented
once every three (3) years; by the resident council.
(d) Its by-laws shall require the Board of (c) Any qualified voting member of a
Directors to include resident representatives resident council who meets the requirements
of each resident council involved in described in the by-laws and is in
compliance with the lease may seek office a jointly selected third-party arbitrator at the
and serve on the resident council governing local level. If costs are incurred by using a
board. third-party arbitrator, then such costs should
be paid from the HAs resident services
Sec. 964.130 Election funds pursuant to Sec. 964.150.
procedures and standards.
At a minimum, a resident council may use
Sec. 964.135 Resident
local election boards/ involvement in HA management
commissions. The resident council shall use operations.
an independent third-party to oversee Residents shall be involved and
elections and recall procedures. participate in the overall policy development
(a) Resident councils shall adhere to the and direction of Public Housing operations.
following minimum standards regarding (a) Resident management corporations
election procedures: (RMCs) may contract with HAs to perform
(1) All procedures must assure fair and one or more management functions provided
frequent elections of resident council the resident entity has received sufficient
members--at least once every three years for training and/or has staff with the necessary
each member. expertise to perform the management
(2) Staggered terms for resident council functions and provided the RMC meets
governing board members and term limits bonding and licensing requirements.
shall be discretionary with the resident (b) Residents shall be actively involved in
council. a HA's decision-making process and give
(3) Each resident council shall adopt and advice on matters such as modernization,
issue election and recall procedures in their security, maintenance, resident screening
by-laws. and selection, and recreation.
(4) The election procedures shall include (c) While a HA has responsibility for
qualifications to run for office, frequency of management operations, it shall ensure
elections, procedures for recall, and term strong resident participation in all issues and
limits if desired. facets of its operations through the duly
(5) All voting members of the resident elected resident councils at public housing
community must be given sufficient notice developments, and with jurisdiction-wide
(at least 30 days) for nomination and resident councils.
election. The notice should include a (d) A HA shall work in partnership with
description of election procedures, eligibility the duly elected resident councils.
requirements, and dates of nominations and (e) HAs, upon request from the duly
elections. elected resident council, shall ensure that the
(b) If a resident council fails to satisfy duly elected resident council officers as
HUD minimum standards for fair and defined in subpart B of this part, and other
frequent elections, or fails to follow its own residents in the development are fully
election procedures as adopted, HUD shall trained and involved in developing and
require the HA to withdraw recognition of implementing Federal programs including
the resident council and to withhold resident but not limited to Comprehensive
services funds as well as funds provided in Improvement Assistance Program (CIAP),
conjunction with services rendered for Comprehensive Grant Program, Urban
resident participation in public housing. Revitalization Demonstration, Drug
(c) HAs shall monitor the resident council Elimination, and FIC.
election process and shall establish a (f) HAs shall involve resident council
procedure to appeal any adverse decision officers and other interested residents at the
relating to failure to satisfy HUD minimum development through education and direct
standards. Such appeal shall be submitted to
the parties, the matter shall be referred to the as authorized by Section 20 of the U.S.
Field Office for intervention. HUD Field Housing Act of 1937. The TOP provides
Office shall require the parties to undertake opportunities for resident organizations to
further negotiations to resolve the dispute. If improve living conditions and resident
no resolution is achieved within 90 days satisfaction in public housing communities.
from the date of the Field Office (b) This subpart establishes the policies,
intervention, the Field Office shall refer the procedures and requirements for
matter to HUD Headquarters for final participating in the TOP with respect to
resolution. applications for funding for programs
(b) Stipends. (1) HUD encourages HAs to identified in this subpart.
provide stipends to resident council officers (c) This subpart contains the policies,
who serve as volunteers in their public procedures and requirements for the resident
housing developments. The amount of the management program as authorized by
stipend, up to $200 per month/per officer, section 20 of the U.S. Housing Act of 1937.
shall be decided locally by the resident
council and the HA. Subject to Sec. 964.205 Eligibility.
appropriations, the stipends will be funded (a) Resident councils/resident
from the resident council's portion of the management corporations. Any eligible
operating subsidy funding for resident resident council/resident management
council expenses ($15.00 per unit per year). corporation as defined in subpart B of this
(2) Pursuant to Sec. 913.106, stipends are part is eligible to participate in a program
not to be construed as salaries and should administered under this subpart.
not be included as income for calculation of (b) Activities. Activities to be funded and
rents, and are not subject to conflict of carried out by an eligible resident council or
interest requirements. resident management corporation, as defined
(3) Funding provided by a HA to a duly in subpart B of this part, must improve the
elected resident council may be made only living conditions and public housing
under a written agreement between the HA operations and may include any combination
and a resident council, which includes a of, but are not limited to, the following:
resident council budget and assurance that (1) Resident capacity building. (i)
all resident council expenditures will not Training Board members in community
contravene provisions of law and will organizing, Board development, and
promote serviceability, efficiency, economy leadership training;
and stability in the operation of the local (ii) Determining the feasibility of resident
development. The agreement must require management enablement for a specific
the local resident council to account to the project or projects; and
HA for the use of the funds and permit the (iii) Assisting in the actual creation of an
HA to inspect and audit the resident RMC, such as consulting and legal
council's financial records related to the assistance to incorporate, preparing by-laws
agreement. and drafting a corporate charter.
(2) Resident management. (i) Training
Subpart C--Tenant residents, as potential employees of an
Opportunities Program RMC, in skills directly related to the
operation, management, maintenance and
Sec. 964.200 General. financial systems of a project;
(ii) Training of residents with respect to
(a) The Tenant Opportunities Program
fair housing requirements; and
(TOP) provides technical assistance for
(iii) Gaining assistance in negotiating
various activities, including but not limited
management contracts, and designing a
to resident management, for resident
long-range planning system.
councils/resident management corporations
(4) The provision of not more than 15 parental access to education and job
percent of the total cost of supportive opportunities;
services (which may be provided directly to (b) Employment training and counseling
eligible residents by the HA or by contract (e.g., job training, preparation and
or lease through other appropriate agencies counseling, job development and placement,
or providers), but only if the HA and follow-up assistance after job
demonstrates that: placement);
(i) The supportive services are appropriate (c) Computer skills training;
to improve the access of eligible residents to (d) Education (e.g., remedial education,
employment and educational opportunities; literacy training, completion of secondary or
and post-secondary education, and assistance in
(ii) The HA has made diligent efforts to the attainment of certificates of high school
use or obtain other available resources to equivalency);
fund or provide such services; and (e) Business entrepreneurial training and
(5) The employment of service counseling;
coordinators. (f) Transportation, as necessary to enable
(c) Follow up. A HA must demonstrate a any participating family member to receive
firm commitment of assistance from one or available services or to commute to his or
more sources ensuring that supportive her place of employment;
services will be provided for not less than (g) Personal welfare (e.g.,
one year following the completion of substance/alcohol abuse treatment and
activities. counseling, self-development counseling,
(d) Environmental Review. Any etc.);
environmental impact regarding eligible (h) Supportive Health Care Services (e.g.,
activities will be addressed through an outreach and referral services); and
environmental review of that activity as (i) Any other services and resources,
required by 24 CFR part 50, including the including case management, that are
applicable related laws and authorities under determined to be appropriate in assisting
Sec. 50.4, to be completed by HUD, to eligible residents.
ensure that any environmental impact will
be addressed before assistance is provided to Sec. 964.310 Audit/compliance
the HA. Grantees will be expected to adhere requirements.
to all assurances applicable to environmental
HAs cannot have serious unaddressed,
concerns.
outstanding Inspector General audit findings
or fair housing and equal opportunity
Sec. 964.308 Supportive monitoring review findings or Field Office
services requirements. management review findings. In addition,
HAs shall provide new or significantly the HA must be in compliance with civil
expanded services essential to providing rights laws and equal opportunity
families in public housing with better access requirements. A HA will be considered to be
to educational and employment in compliance if:
opportunities to achieve self-sufficiency and (a) As a result of formal administrative
independence. HAs applying for funds to proceedings, there are no outstanding
provide supportive services must findings of noncompliance with civil rights
demonstrate that the services will be laws unless the HA is operating in
provided at a higher level than currently compliance with a HUD-approved
provided. Supportive services may include: compliance agreement designed to correct
(a) Child care, of a type that provides the area(s) of noncompliance;
sufficient hours of operation and serves (b) There is no adjudication of a civil
appropriate ages as needed to facilitate rights violation in a civil action brought
nominations and elections. The notice (2) Resident participation must include
should include a description of the election matters regarding Federal public housing
procedures, eligibility requirements, and and Section 8 tenant-based assistance. A
dates of nominations and elections. Any resident board member must be allowed to
election procedures devised by the public take part in decisions related to the
housing agency must facilitate fair elections. administration, operation, and management
of Federal public housing programs and
Sec. 964.425 Small public Section 8 tenant-based rental assistance
housing agencies. programs. This rule does not extend to
matters that:
(a) General. The requirements of this
(i) Exclusively relate to other types of
subpart do not apply to any public housing
housing assistance (such as State financed
agency that:
housing assistance); or
(1) Has less than 300 public housing units
(ii) Do not involve housing assistance (as
(or has no public housing units):
may occur where the city or county
(2) Has provided reasonable notice to the
governing body also serves as the PHA
resident advisory board of the opportunity
board).
for residents to serve on the governing
(3) Public housing agency may expand
board;
scope of resident participation. A public
(3) Has not been notified of the intention
housing agency may choose to expand the
of any resident to participate on the
scope of resident member involvement to
governing board within a reasonable time
matters not required under paragraph (a)(2)
(which shall not be less than 30 days) of the
of this section.
resident advisory board receiving the notice
(b) Residence status. A governing board
described in paragraph (a)(3) of this section;
may not prohibit any person from serving on
and
the governing board because that person is a
(4) Repeats the requirements of
resident of a public housing project or is
paragraphs (a)(2) and (a)(3) of this section at
assisted under section 8 of the United States
least once every year.
Housing Act of 1937 (42 U.S.C. 1437f).
(b) Public housing agencies that only
(c) Conflict of interest. A governing board
administer Section 8 assistance. A public
may not exclude any resident board member
housing agency that has no public housing
from participating in any matter before the
units, but administers Section 8 tenant-based
governing board on the grounds that the
assistance, is eligible for the exception
resident board member's lease with the
described in paragraph (a) of this section,
public housing agency, or the resident board
regardless of the number of Section 8
member's status as a public housing resident
vouchers it administers.
or recipient of Section 8 tenant-based
(c) Failure to meet requirements for
assistance, either results or may result in a
exception. A public housing agency that is
conflict of interest, unless the matter is
otherwise eligible for the exception
clearly applicable to the resident board
described in paragraphs (a) and (b) of this
member only in a personal capacity and
section, but does not meet the three
applies uniquely to that member and not
conditions described in paragraphs (a)(2)
generally to residents or to a subcategory of
through (a)(4) of this section, must comply
residents.
with the requirements of this subpart.
Sec. 964.430
Nondiscrimination.
(a) Membership status.--(1) General. A
resident board member is a full member of
the governing board.
shall have the right to exclusive use and (4) To keep project buildings, facilities
occupancy of the leased unit by the and common areas, not otherwise assigned
members of the household authorized to to the tenant for maintenance and upkeep, in
reside in the unit in accordance with the a clean and safe condition;
lease, including reasonable accommodation (5) To maintain in good and safe working
of their guests. The term guest is defined in order and condition electrical, plumbing,
24 CFR 5.100. sanitary, heating, ventilating, and other
(2) With the consent of the PHA, facilities and appliances, including elevators,
members of the household may engage in supplied or required to be supplied by the
legal profitmaking activities in the dwelling PHA;
unit, where the PHA determines that such (6) To provide and maintain appropriate
activities are incidental to primary use of the receptacles and facilities (except containers
leased unit for residence by members of the for the exclusive use of an individual tenant
household. family) for the deposit of ashes, garbage,
(3)(i) With the consent of the PHA, a rubbish and other waste removed from the
foster child or a live-in aide may reside in dwelling unit by the tenant in accordance
the unit. The PHA may adopt reasonable with paragraph (f)(7) of this section;
policies concerning residence by a foster (7) To supply running water and
child or a live-in-aide, and defining the reasonable amounts of hot water and
circumstances in which PHA consent will be reasonable amounts of heat at appropriate
given or denied. Under such policies, the times of the year (according to local custom
factors considered by the PHA may include: and usage) except where the building that
(A) Whether the addition of a new includes the dwelling unit is not required by
occupant may necessitate a transfer of the law to be equipped for that purpose, or
family to another unit, and whether such where heat or hot water is generated by an
units are available. installation within the exclusive control of
(B) The PHA's obligation to make the tenant and supplied by a direct utility
reasonable accommodation for handicapped connection; and
persons. (8)(i) To notify the tenant of the specific
(ii) Live-in aide means a person who grounds for any proposed adverse action by
resides with an elderly, disabled or the PHA. (Such adverse action includes, but
handicapped person and who: is not limited to, a proposed lease
(A) Is determined to be essential to the termination, transfer of the tenant to another
care and well-being of the person; unit, or imposition of charges for
(B) Is not obligated for the support of the maintenance and repair, or for excess
person; and consumption of utilities.)
(C) Would not be living in the unit except (ii) When the PHA is required to afford
to provide the necessary supportive services. the tenant the opportunity for a hearing
under the PHA grievance procedure for a
(e) The PHA's obligations. The lease shall grievance concerning a proposed adverse
set forth the PHA's obligations under the action:
lease which shall include the following: (A) The notice of proposed adverse action
(1) To maintain the dwelling unit and the shall inform the tenant of the right to request
project in decent, safe and sanitary such hearing. In the case of a lease
condition; termination, a notice of lease termination in
(2) To comply with requirements of accordance with paragraph (l)(3) of this
applicable building codes, housing codes, section, shall constitute adequate notice of
and HUD regulations materially affecting proposed adverse action.
health and safety; (B) In the case of a proposed adverse
(3) To make necessary repairs to the action other than a proposed lease
dwelling unit; termination, the PHA shall not take the
proposed action until the time for the tenant (11) To act, and cause household
to request a grievance hearing has expired, members or guests to act, in a manner which
and (if a hearing was timely requested by the will not disturb other residents' peaceful
tenant) the grievance process has been enjoyment of their accommodations and will
completed. be conducive to maintaining the project in a
decent, safe and sanitary condition;
(f) Tenant's obligations. The lease shall (12) (i) To assure that no tenant, member
provide that the tenant shall be obligated: of the tenant's household, or guest engages
(1) Not to assign the lease or to sublease in:
the dwelling unit; (A) Any criminal activity that threatens
(2) Not to provide accommodations for the health, safety or right to peaceful
boarders or lodgers; enjoyment of the premises by other
(3) To use the dwelling unit solely as a residents; or
private dwelling for the tenant and the (B) Any drug-related criminal activity on
tenant's household as identified in the lease, or off the premises;
and not to use or permit its use for any other (ii) To assure that no other person under
purpose; the tenant's control engages in:
(4) To abide by necessary and reasonable (A) Any criminal activity that threatens
regulations promulgated by the PHA for the the health, safety or right to peaceful
benefit and well-being of the housing project enjoyment of the premises by other
and the tenants which shall be posted in the residents; or
project office and incorporated by reference (B) Any drug-related criminal activity on
in the lease; the premises;
(5) To comply with all obligations (iii) To assure that no member of the
imposed upon tenants by applicable household engages in an abuse or pattern of
provisions of building and housing codes abuse of alcohol that affects the health,
materially affecting health and safety; safety, or right to peaceful enjoyment of the
(6) To keep the dwelling unit and such premises by other residents.
other areas as may be assigned to the tenant
for the tenant's exclusive use in a clean and (g) Tenant maintenance. The lease may
safe condition; provide that the tenant shall perform
(7) To dispose of all ashes, garbage, seasonal maintenance or other maintenance
rubbish, and other waste from the dwelling tasks, as specified in the lease, where
unit in a sanitary and safe manner; performance of such tasks by tenants of
(8) To use only in a reasonable manner all dwellings units of a similar design and
electrical, plumbing, sanitary, heating, construction is customary: Provided, That
ventilating, air-conditioning and other such provision is included in the lease in
facilities and appurtenances including good faith and not for the purpose of
elevators; evading the obligations of the PHA. The
(9) To refrain from, and to cause the PHA shall exempt tenants who are unable to
household and guests to refrain from perform such tasks because of age or
destroying, defacing, damaging, or disability.
removing any part of the dwelling unit or
project; (h) Defects hazardous to life, health, or
(10) To pay reasonable charges (other safety. The lease shall set forth the rights
than for wear and tear) for the repair of and obligations of the tenant and the PHA if
damages to the dwelling unit, or to the the dwelling unit is damaged to the extent
project (including damages to project that conditions are created which are
buildings, facilities or common areas) hazardous to life, health, or safety of the
caused by the tenant, a member of the occupants and shall provide that:
household or a guest.
(1) The tenant shall immediately notify (1) The PHA shall, upon reasonable
project management of the damage; advance notification to the tenant, be
(2) The PHA shall be responsible for permitted to enter the dwelling unit during
repair of the unit within a reasonable time: reasonable hours for the purpose of
Provided, That if the damage was caused by performing routine inspections and
the tenant, tenant's household or guests, the maintenance, for making improvement or
reasonable cost of the repairs shall be repairs, or to show the dwelling unit for re-
charged to the tenant; leasing. A written statement specifying the
(3) The PHA shall offer standard purpose of the PHA entry delivered to the
alternative accommodations, if available, dwelling unit at least two days before such
where necessary repairs cannot be made entry shall be considered reasonable
within a reasonable time; and advance notification;
(4) Provisions shall be made for (2) The PHA may enter the dwelling unit
abatement of rent in proportion to the at any time without advance notification
seriousness of the damage and loss in value when there is reasonable cause to believe
as a dwelling if repairs are not made in that an emergency exists; and
accordance with paragraph (h)(2) of this (3) If the tenant and all adult members of
section or alternative accommodations not the household are absent from the dwelling
provided in accordance with paragraph unit at the time of entry, the PHA shall leave
(h)(3) of this section, except that no in the dwelling unit a written statement
abatement of rent shall occur if the tenant specifying the date, time and purpose of
rejects the alternative accommodation or if entry prior to leaving the dwelling unit.
the damage was caused by the tenant,
tenant's household or guests. (k) Notice procedures.
(1) The lease shall provide procedures to
(i) Pre-occupancy and pre-termination be followed by the PHA and the tenant in
inspections. The lease shall provide that the giving notice one to the other which shall
PHA and the tenant or representative shall require that:
be obligated to inspect the dwelling unit (i) Except as provided in paragraph (j)
prior to commencement of occupancy by the of this section, notice to a tenant shall be in
tenant. The PHA will furnish the tenant with writing and delivered to the tenant or to an
a written statement of the condition of the adult member of the tenant's household
dwelling unit, and the equipment provided residing in the dwelling or sent by prepaid
with the unit. The statement shall be signed first-class mail properly addressed to the
by the PHA and the tenant, and a copy of the tenant; and
statement shall be retained by the PHA in (ii) Notice to the PHA shall be in
the tenant's folder. The PHA shall be further writing, delivered to the project office or the
obligated to inspect the unit at the time the PHA central office or sent by prepaid first-
tenant vacates the unit and to furnish the class mail properly addressed.
tenant a statement of any charges to be made (2) If the tenant is visually impaired, all
in accordance with paragraph (b)(2) of this notices must be in an accessible format.
section. Provision shall be made for the
tenant's participation in the latter inspection, (l) Termination of tenancy and eviction.—
unless the tenant vacates without notice to (1) Procedures. The lease shall state the
the PHA. procedures to be followed by the PHA and
by the tenant to terminate the tenancy.
(j) Entry of dwelling unit during tenancy.
The lease shall set forth the circumstances (2) Grounds for termination of tenancy.
under which the PHA may enter the The PHA may terminate the tenancy only
dwelling unit during the tenant's possession for:
thereof, which shall include provision that:
(i) Serious or repeated violation of (C) 30 days in any other case, except that
material terms of the lease, such as the if a State or local law allows a shorter notice
following: period, such shorter period shall apply.
(A) Failure to make payments due under (ii) The notice of lease termination to the
the lease; tenant shall state specific grounds for
(B) Failure to fulfill household termination, and shall inform the tenant of
obligations, as described in paragraph (f) of the tenant's right to make such reply as the
this section; tenant may wish. The notice shall also
(ii) Other good cause. Other good cause inform the tenant of the right (pursuant to
includes, but is not limited to, the following: Sec. 966.4(m)) to examine PHA documents
(A) Criminal activity or alcohol abuse as directly relevant to the termination or
provided in paragraph (1)(5) of this section; eviction. When the PHA is required to
(B) Discovery after admission of facts afford the tenant the opportunity for a
that made the tenant ineligible; grievance hearing, the notice shall also
(C) Discovery of material false statements inform the tenant of the tenant's right to
or fraud by the tenant in connection with an request a hearing in accordance with the
application for assistance or with PHA's grievance procedure.
reexamination of income; (iii) A notice to vacate which is required
(D) Failure of a family member to comply by State or local law may be combined with,
with service requirement provisions of part or run concurrently with, a notice of lease
960, subpart F, of this chapter--as grounds termination under paragraph (l)(3)(i) of this
only for non-renewal of the lease and section.
termination of tenancy at the end of the (iv) When the PHA is required to afford
twelve-month lease term; and the tenant the opportunity for a hearing
(E) Failure to accept the PHA's offer of a under the PHA grievance procedure for a
lease revision to an existing lease: that is on grievance concerning the lease termination
a form adopted by the PHA in accordance (see Sec. 966.51(a)(1)), the tenancy shall not
with Sec. 966.3; with written notice of the terminate (even if any notice to vacate under
offer of the revision at least 60 calendar days State or local law has expired) until the time
before the lease revision is scheduled to take for the tenant to request a grievance hearing
effect; and with the offer specifying a has expired, and (if a hearing was timely
reasonable time limit within that period for requested by the tenant) the grievance
acceptance by the family. process has been completed.
(v) When the PHA is not required to
(3) Lease termination notice. afford the tenant the opportunity for a
(i) The PHA must give written notice of hearing under the PHA administrative
lease termination of: grievance procedure for a grievance
(A) 14 days in the case of failure to pay concerning the lease termination (see Sec.
rent; 966.51(a)(2)), and the PHA has decided to
(B) A reasonable period of time exclude such grievance from the PHA
considering the seriousness of the situation grievance procedure, the notice of lease
(but not to exceed 30 days): termination under paragraph (l)(3)(i) of this
(1) If the health or safety of other section shall:
residents, PHA employees, or persons (A) State that the tenant is not entitled to a
residing in the immediate vicinity of the grievance hearing on the termination.
premises is threatened; or (B) Specify the judicial eviction
(2) If any member of the household has procedure to be used by the PHA for
engaged in any drug-related criminal eviction of the tenant, and state that HUD
activity or violent criminal activity; or has determined that this eviction procedure
(3) If any member of the household has provides the opportunity for a hearing in
been convicted of a felony;
court that contains the basic elements of due (A) Threat to other residents. The lease
process as defined in HUD regulations. must provide that any criminal activity by a
(C) State whether the eviction is for a covered person that threatens the health,
criminal activity as described in Sec. safety, or right to peaceful enjoyment of the
966.51(a)(2)(i)(A) or for a drug-related premises by other residents (including PHA
criminal activity as described in Sec. management staff residing on the premises)
966.51(a)(2)(i)(B). or threatens the health, safety, or right to
peaceful enjoyment of their residences by
(4) How tenant is evicted. The PHA may persons residing in the immediate vicinity of
evict the tenant from the unit either: the premises is grounds for termination of
(i) By bringing a court action or; tenancy.
(ii) By bringing an administrative action if (B) Fugitive felon or parole violator. The
law of the jurisdiction permits eviction by PHA may terminate the tenancy if a tenant is
administrative action, after a due process fleeing to avoid prosecution, or custody or
administrative hearing, and without a court confinement after conviction, for a crime, or
determination of the rights and liabilities of attempt to commit a crime, that is a felony
the parties. In order to evict without bringing under the laws of the place from which the
a court action, the PHA must afford the individual flees, or that, in the case of the
tenant the opportunity for a pre- State of New Jersey, is a high misdemeanor;
eviction hearing in accordance with the PHA or violating a condition of probation or
grievance procedure. parole imposed under Federal or State law.
(iii) Eviction for criminal activity.
(5) PHA termination of tenancy for (A) Evidence. The PHA may evict the
criminal activity or alcohol abuse. tenant by judicial action for criminal activity
(i) Evicting drug criminals. in accordance with this section if the PHA
(A) Methamphetamine conviction. The determines that the covered person has
PHA must immediately terminate the engaged in the criminal activity, regardless
tenancy if the PHA determines that any of whether the covered person has been
member of the household has ever been arrested or convicted for such activity and
convicted of drug-related criminal activity without satisfying the standard of proof used
for manufacture or production of for a criminal conviction.
methamphetamine on the premises of (B) Notice to Post Office. When a PHA
federally assisted housing. evicts an individual or family for criminal
(B) Drug crime on or off the premises. activity, the PHA must notify the local post
The lease must provide that drug-related office serving the dwelling unit that the
criminal activity engaged in on or off the individual or family is no longer residing in
premises by any tenant, member of the the unit.
tenant's household or guest, and any such (iv) Use of criminal record. If the PHA
activity engaged in on the premises by any seeks to terminate the tenancy for criminal
other person under the tenant's control, is activity as shown by a criminal record, the
grounds for the PHA to terminate tenancy. PHA must notify the household of the
In addition, the lease must provide that a proposed action to be based on the
PHA may evict a family when the PHA information and must provide the subject of
determines that a household member is the record and the tenant with a copy of the
illegally using a drug or when the PHA criminal record before a PHA grievance
determines that a pattern of illegal use of a hearing or court trial concerning the
drug interferes with the health, safety, or termination of tenancy or eviction. The
right to peaceful enjoyment of the premises tenant must be given an opportunity to
by other residents. dispute the accuracy and relevance of that
(ii) Evicting other criminals. record in the grievance hearing or court trial.
accordance with this Sec. 966.4(m)), the building in which the affected dwelling units
PHA may not proceed with the eviction. are located, as well as in a conspicuous
place at the project office, if any, of if none,
(n) Grievance procedures. The lease shall a similar central business location within the
provide that all disputes concerning the project.
obligations of the tenant or the PHA shall
(except as provided in Sec. 966.51(a)(2)) be Sec. 966.6 Prohibited lease
resolved in accordance with the PHA provisions.
grievance procedures. The grievance
Lease clauses of the nature described
procedures shall comply with subpart B of
below shall not be included in new leases
this part.
between a PHA and a tenant and shall be
deleted from existing leases either by
(o) Provision for modifications. The lease
amendment thereof or execution of a new
shall provide that modification of the lease
lease:
must be accomplished by a written rider to
the lease executed by both parties, except for
(a) Confession of judgment. Prior consent
paragraph (c) of this section and Sec. 966.5.
by the tenant to any lawsuit the landlord
may bring against him in connection with
(p) Signature clause. The lease shall
the lease and to a judgment in favor of the
provide a signature clause attesting that the
landlord.
lease has been executed by the parties.
[56 FR 51576, Oct. 11, 1991, as amended
(b) Distraint for rent or other charges.
at 61 FR 13273, Mar. 26, 1996; 65 FR
Agreement by the tenant that landlord is
16730, Mar. 29, 2000; 66 FR 28802, May
authorized to take property of the tenant and
24, 2001; 66 FR 32875, June 18, 2001; 66
hold it as a pledge until the tenant performs
FR 33134, June 20, 2001]
the obligation which the landlord has
determined the tenant has failed to perform.
Sec. 966.5 Posting of policies,
rules and regulations. (c) Exculpatory clauses. Agreement by
Schedules of special charges for services, the tenant not to hold the landlord or
repairs and utilities and rules and regulations landlord's agent liable for any acts or
which are required to be incorporated in the omissions whether intentional or negligent
lease by reference shall be publicly posted in on the part of the landlord or the landlord's
a conspicuous manner in the Project Office authorized representatives or agents.
and shall be furnished to applicants and
tenants on request. Such schedules, rules and (d) Waiver of legal notice by tenant prior
regulations may be modified from time to to actions for eviction or money judgments.
time by the PHA provided that the PHA Agreements by the tenant that the landlord
shall give at least 30-day written notice to may institute suit without any notice to the
each affected tenant setting forth the tenant that the suit has been filed, thus
proposed modification, the reasons therefor, preventing the tenant from defending against
and providing the tenant an opportunity to the lawsuit.
present written comments which shall be
taken into consideration by the PHA prior to (e) Waiver of legal proceedings.
the proposed modification becoming Authorization to the landlord to evict the
effective. A copy of such notice shall be: tenant or hold or sell the tenant's possessions
(a) Delivered directly or mailed to each whenever the landlord determines that a
tenant; or breach or default has occurred without
(b) Posted in at least three (3) notice to the tenant or any determination by
conspicuous places within each structure or
(g) Waiver of right to appeal judicial error Sec. 966.50 Purpose and
in legal proceeding. Authorization to the scope.
landlord's lawyer to waive the right to
appeal for judicial error in any suit or to The purpose of this subpart is to set forth
waive the right to file a suit in equity to the requirements, standards and criteria for a
prevent the execution of a judgment. grievance procedure to be established and
implemented by public housing agencies
(h) Tenant chargeable with cost of legal (PHAs) to assure that a PHA tenant is
actions regardless of outcome. Provision that afforded an opportunity for a hearing if the
the tenant agrees to pay attorney's fees or tenant disputes within a reasonable time any
other legal costs whenever the landlord PHA action or failure to act involving the
decides to take action against the tenant tenant's lease with the PHA or PHA
even though the court determines that the regulations which adversely affect the
tenant prevails in the action. Prohibition of individual tenant's rights, duties, welfare or
this type of provision does not mean that the status.
tenant as a party to the lawsuit may not be [56 FR 51579, Oct. 11, 1991]
obligated to pay attorney's fees or other
costs if he loses the suit. Sec. 966.51 Applicablity.
(a)(1) The PHA grievance procedure shall
Sec. 966.7 Accommodation of be applicable (except as provided in
persons with disabilities. paragraph (a)(2) of this section) to all
individual grievances as defined in Sec.
(a) For all aspects of the lease and 966.53 of this subpart between the tenant
grievance procedures, a handicapped person and the PHA.
shall be provided reasonable (2)(i) The term due process determination
accommodation to the extent necessary to means a determination by HUD that law of
provide the handicapped person with an the jurisdiction requires that the tenant must
opportunity to use and occupy the dwelling be given the opportunity for a hearing in
unit equal to a non-handicapped person. court which provides the basic elements of
(b) The PHA shall provide a notice to due process (as defined in Sec. 966.53(c))
each tenant that the tenant may, at any time before eviction from the dwelling unit. If
during the tenancy, request reasonable HUD has issued a due process
accommodation of a handicap of a determination, a PHA may exclude from the
household member, including reasonable PHA administrative grievance procedure
accommodation so that the tenant can meet under this subpart any grievance concerning
lease requirements or other requirements of a termination of tenancy or eviction that
tenancy. involves:
[56 FR 51579, Oct. 11, 1991] (A) Any criminal activity that threatens
the health, safety or right to peaceful
enjoyment of the premises of other residents
or employees of the PHA;
(B) Any violent or drug-related criminal
activity on or off such premises; or
(C) Any criminal activity that resulted in comments submitted shall be considered by
felony conviction of a household member. the PHA before adoption of any grievance
(iii) For guidance of the public, HUD will procedure changes by the PHA.
publish in the Federal Register a notice (d) The PHA shall furnish a copy of the
listing the judicial eviction procedures for grievance procedure to each tenant and to
which HUD has issued a due process resident organizations.
determination. HUD will make available for [56 FR 51579, Oct. 11, 1991]
public inspection and copying a copy of the
legal analysis on which the determinations Sec. 966.53 Definitions.
are based. For the purpose of this subpart, the
(iv) If HUD has issued a due process following definitions are applicable:
determination, the PHA may evict the (a) Grievance shall mean any dispute
occupants of the dwelling unit through the which a tenant may have with respect to
judicial eviction procedures which are the PHA action or failure to act in accordance
subject of the determination. In this case, the with the individual tenant's lease or PHA
PHA is not required to provide the regulations which adversely affect the
opportunity for a hearing under the PHA's individual tenant's rights, duties, welfare or
administrative grievance procedure. status.
(b) Complainant shall mean any tenant
(b) The PHA grievance procedure shall whose grievance is presented to the PHA or
not be applicable to disputes between at the project management office in
tenants not involving the PHA or to class accordance with Secs. 966.54 and 966.55(a).
grievances. The grievance procedure is not (c) Elements of due process shall mean an
intended as a forum for initiating or eviction action or a termination of tenancy
negotiating policy changes between a group in a State or local court in which the
or groups of tenants and the PHA's Board of following procedural safeguards are
Commissioners. required:
[40 FR 33406, Aug. 7, 1975. (1) Adequate notice to the tenant of the
Redesignated at 49 FR 6714, Feb. 23, 1984, grounds for terminating the tenancy and for
and amended at 56 FR 51579, Oct. 11, 1991; eviction;
61 FR 13273, Mar. 26, 1996; 66 FR 28804, (2) Right of the tenant to be represented
May 24, 2001] by counsel;
(3) Opportunity for the tenant to refute the
Sec. 966.52 Requirements. evidence presented by the PHA including
(a) Each PHA shall adopt a grievance the right to confront and cross-examine
procedure affording each tenant an witnesses and to present any affirmative
opportunity for a hearing on a grievance as legal or equitable defense which the tenant
defined in Sec. 966.53 in accordance with may have;
the requirements, standards, and criteria (4) A decision on the merits.
contained in this subpart. (d) Hearing officer shall mean a person
(b) The PHA grievance procedure shall be selected in accordance with Sec. 966.55 of
included in, or incorporated by reference in, this subpart to hear grievances and render a
all tenant dwelling leases pursuant to subpart decision with respect thereto.
A of this part. (e) Hearing panel shall mean a panel
(c) The PHA shall provide at least 30 days selected in accordance with Sec. 966.55 of
notice to tenants and resident organizations this subpart to hear grievances and render a
setting forth proposed changes in the PHA decision with respect thereto.
grievance procedure, and providing an (f) Tenant shall mean the adult person (or
opportunity to present written comments. persons) (other than a live-in aide):
Subject to requirements of this subpart,
(1) Who resides in the unit, and who (b) Selection of Hearing Officer or
executed the lease with the PHA as lessee of Hearing Panel. (1) A grievance hearing shall
the dwelling unit, or, if no such person now be conducted by an impartial person or
resides in the unit, persons appointed by the PHA, other than a
(2) Who resides in the unit, and who is the person who made or approved the PHA
remaining head of household of the tenant action under review or a subordinate of such
family residing in the dwelling unit. person.
(g) Resident organization includes a (2) The method or methods for PHA
resident management corporation. appointment of a hearing officer or hearing
[40 FR 33406, Aug. 7, 1975. panel shall be stated in the PHA grievance
Redesignated at 49 FR 6714, Feb. 23, 1984, procedure. The PHA may use either of the
and amended at 56 FR 51579, Oct. 11, following methods to appoint a hearing
1991] officer or panel:
(i) A method approved by the majority of
Sec. 966.54 Informal settlement tenants (in any building, group of buildings
of grievance. or project, or group of projects to which the
method is applicable) voting in an election
Any grievance shall be personally
or meeting of tenants held for the purpose.
presented, either orally or in writing, to the
(ii) Appointment of a person or persons
PHA office or to the office of the project in
(who may be an officer or employee of the
which the complainant resides so that the
PHA) selected in the manner required under
grievance may be discussed informally and
the PHA grievance procedure.
settled without a hearing. A summary of
(3) The PHA shall consult the resident
such discussion shall be prepared within a
organizations before PHA appointment of
reasonable time and one copy shall be given
each hearing officer or panel member. Any
to the tenant and one retained in the PHA's
comments or recommendations submitted by
tenant file. The summary shall specify the
the tenant organizations shall be considered
names of the participants, dates of meeting,
by the PHA before the appointment.
the nature of the proposed disposition of the
complaint and the specific reasons therefor,
(c) Failure to request a hearing. If the
and shall specify the procedures by which a
complainant does not request a hearing in
hearing under Sec. 966.55 may be obtained
accordance with this paragraph, then the
if the complainant is not satisfied.
PHA's disposition of the grievance under
Sec. 966.54 shall become final: Provided,
Sec. 966.55 Procedures to That failure to request a hearing shall not
obtain a hearing. constitute a waiver by the complainant of his
(a) Request for hearing. The complainant right thereafter to contest the PHA's action
shall submit a written request for a hearing in disposing of the complaint in an
to the PHA or the project office within a appropriate judicial proceeding.
reasonable time after receipt of the summary
of discussion pursuant to Sec. 966.54. For a (d) Hearing prerequisite. All grievances
grievance under the expedited grievance shall be personally presented either orally or
procedure pursuant to Sec. 966.55(g) (for in writing pursuant to the informal
which Sec. 966.54 is not applicable), the procedure prescribed in Sec. 966.54 as a
complainant shall submit such request at condition precedent to a hearing under this
such time as is specified by the PHA for a section: Provided, That if the complainant
grievance under the expedited grievance shall show good cause why he failed to
procedure. The written request shall specify: proceed in accordance with Sec. 966.54 to
(1) The reasons for the grievance; and the hearing officer or hearing panel, the
(2) The action or relief sought. provisions of this subsection may be waived
by the hearing officer or hearing panel.
confront and cross-examine all witnesses result in exclusion from the proceedings or
upon whose testimony or information the in a decision adverse to the interests of the
PHA or project management relies; and disorderly party and granting or denial of the
(5) A decision based solely and relief sought, as appropriate.
exclusively upon the facts presented at the
hearing. (g) The complainant or the PHA may
arrange, in advance and at the expense of the
(c) The hearing officer or hearing panel party making the arrangement, for a
may render a decision without proceeding transcript of the hearing. Any interested
with the hearing if the hearing officer or party may purchase a copy of such
hearing panel determines that the issue has transcript.
been previously decided in another
proceeding. (h) Accommodation of persons with
disabilities.
(d) If the complainant or the PHA fails to (1) The PHA must provide reasonable
appear at a scheduled hearing, the hearing accommodation for persons with disabilities
officer or hearing panel may make a to participate in the hearing. Reasonable
determination to postpone the hearing for accommodation may include qualified sign
not to exceed five business days or may language interpreters, readers, accessible
make a determination that the party has locations, or attendants.
waived his right to a hearing. Both the (2) If the tenant is visually impaired, any
complainant and the PHA shall be notified notice to the tenant which is required under
of the determination by the hearing officer this subpart must be in an accessible format.
or hearing panel: Provided, That a [40 FR 33406, Aug. 7, 1975.
determination that the complainant has Redesignated at 49 FR 6714, Feb. 23, 1984,
waived his right to a hearing shall not and amended at 56 FR 51580, Oct. 11,
constitute a waiver of any right the 1991]
complainant may have to contest the PHA's
disposition of the grievance in an Sec. 966.57 Decision of the
appropriate judicial proceeding. hearing officer or hearing
panel.
(e) At the hearing, the complainant must
first make a showing of an entitlement to the (a) The hearing officer or hearing panel
relief sought and thereafter the PHA must shall prepare a written decision, together
sustain the burden of justifying the PHA with the reasons therefor, within a
action or failure to act against which the reasonable time after the hearing. A copy of
complaint is directed. the decision shall be sent to the complainant
and the PHA. The PHA shall retain a copy
(f) The hearing shall be conducted of the decision in the tenant's folder. A copy
informally by the hearing officer or hearing of such decision, with all names and
panel and oral or documentary evidence identifying references deleted, shall also be
pertinent to the facts and issues raised by the maintained on file by the PHA and made
complaint may be received without regard to available for inspection by a prospective
admissibility under the rules of evidence complainant, his representative, or the
applicable to judicial proceedings. The hearing panel or hearing officer.
hearing officer or hearing panel shall require
the PHA, the complainant, counsel and other (b) The decision of the hearing officer or
participants or spectators to conduct hearing panel shall be binding on the PHA
themselves in an orderly fashion. Failure to which shall take all actions, or refrain from
comply with the directions of the hearing any actions, necessary to carry out the
officer or hearing panel to obtain order may decision unless the PHA Board of
PH Occ Gbk: Int App; s7.4; PH Occ Gbk: s7.7; Ap1-232 (2);
s10.3 (2); s14.1; s14.3; Ap3-251;
Ap1-227; Ap3-276; PIH Notices: 95-48 (7);
PIH Notices: 03-17; 03-11; 95-48 Tech Asst (6);
02-21 (26); 01-20 (7); 95-48 Tech Asst
01-09 (3); 01-09C; 00-27; BURDENSOME-PROCEDURE .......1
97-12; 95-58 (2); 94-67; 7465.1 Hbk: s4-4
ACOP: 9M
BURGLARY ......................................2
BUDGET AUTHORITY .................31 PH Occ Gbk: Ap8-381; Ap8-388
PIH Notices: 02-21 (24);
01-20 (6); 00-27 BUS ....................................................4
PH Occ Gbk: s10.2;
BUDGET BILLING ...........................1 PIH Notices: 95-48;
PH Occ Gbk: s14.3 95-48 Tech Asst;
BUDGETARY ...................................2 ACOP: 7H
24 CFR 964: .135; BUS FARE .........................................2
PIH Notices: 95-58 PH Occ Gbk: s10.2;
BUDGETED ......................................2 ACOP: 7H
PIH Notices: 01-09; 01-09C BUSES ...............................................1
BUDGETING.....................................2 7465.1 Hbk: s2-3
PH Occ Gbk: s15.3; Ap6-309 BUSINESS .....................................114
BUDGETS .........................................7 24 CFR 5: .105 (3); .603;
PIH Notices: 02-01; 01-09 (2); .609 (4);
99-52; 95-58; 94-67; 24 CFR 960: .205;
94-67 24 CFR 964: .7 (4); .140;
BUILDING EXTERIOR ....................3 .205 (6); .308; .320;
24 CFR 5: .703 (2); 24 CFR 966: .5; .56;
ACOP: 9M HUD-50058: p6;
HUD-50058Instr: p22; p25 (5);
BUILDING SYSTEM ........................1 p71;
PH Occ Gbk: s11.7 HUD-903: p1; p2;
BUILDING SYSTEMS......................4 PH Occ Gbk: Int Pt2; s7.0 (2);
24 CFR 5: .703 (2); s7.11; s10.1 (9);
HUD-50058Instr: p73; s10.3 (3); s17.5; Ap1-233;
PIH Notices: 00-50 Ap1-235; Ap2-238; Ap2-239;
BUMPY ..............................................1 Ap2-243; Ap3-251;
PH Occ Gbk: s10.9 Ap3-278 (6); Ap3-280 (3);
Ap5-306; Ap8-322; Ap8-327;
BURDEN .........................................58 Ap8-328; Ap8-333;
24 CFR 5: .801; Ap8-386 (2);
24 CFR 966: .56; PIH Notices: 01-15 (5);
HUD-50058: p v; 00-50 (2); 95-48 (4);
HUD-903: p1; 95-48 Tech Asst (4);
PH Occ Gbk: s1.1; s1.2 (2); ACOP: 1J; 7E (13); 7G; 9H;
s3.6; s4.10; s6.0; s6.1; 13F; 14B (2); GL-I (6);
s6.9; s11.1; s16.1; GL-I
Ap1-234; Ap3-250; Ap3-251;
Ap5-306; BUSINESS ASSET ............................1
7465.7 Gbk: ApB Q20; ACOP: 7E
PIH Notices: 02-01 (10); BUSINESS ASSETS..........................3
99-52 (10); 97-12; PH Occ Gbk: Ap2-238; Ap2-239;
95-48 (3); ACOP: 7G
95-48 Tech Asst (3); BUSINESS DAY ...............................3
ACOP: 1E; 4C (4); 4D (2); ACOP: 9H; 14B; 14B
7K; 8F; 11G; 13F; 13F
BUSINESS DAYS .............................5
BURDEN OF PROOF .......................2 24 CFR 960: .205;
ACOP: 11G; 13F 24 CFR 966: .56;
BURDENED ......................................1 PH Occ Gbk: s7.11; Ap5-306;
PIH Notices: 01-27 ACOP: 13F
BURDENS .......................................19 BUSINESS DEVELOPMENT ..........3
24 CFR 5: .315; 24 CFR 964: .205 (2); .205
PIH Notices: 03-11; 00-11 (2); 7465.7 Gbk: s6-4 (2); ApF;
99-19 (6); 95-48 (6); ApF
95-48 Tech Asst (6); COURT DECLARES .........................1
ACOP: GL-II PH Occ Gbk: Ap2-242
COUNTY-OWNED ...........................2 COURT DECREE ..............................1
PIH Notices: 95-48; 7465.1 Hbk: s5-4
95-48 Tech Asst
COURT OFFICIALS .........................1
COUNTY-RUN .................................2 PH Occ Gbk: s19.2
PIH Notices: 95-48;
95-48 Tech Asst COURT ORDER ..............................13
24 CFR 964: .310;
COUNTY-SPONSORED...................6 HUD-50058Instr: p30;
PIH Notices: 95-48 (3); PH Occ Gbk: s3.4; s17.2;
95-48 Tech Asst (2); 7465.1 Hbk: s5-4; s5-5;
95-48 Tech Asst ACOP: 2B; 4B; 4H (3); 11G;
COUPONS .........................................3 11G
PH Occ Gbk: s10.1; Ap3-280; COURT ORDERED ..........................1
ACOP: GL-I PH Occ Gbk: Ap8-346
COURT ..........................................120 COURT ORDERS..............................3
24 CFR 5: .903 (3); PH Occ Gbk: s8.5; Ap3-265;
24 CFR 964: .310; ACOP: 4S
24 CFR 966: .4(L)(3);
.4(L)(4) (3); .4(L)(5) (2); COURT RECORDS ...........................9
.4(m); .6 (3); .51; .53; PH Occ Gbk: s4.6 (2); s4.7;
HUD-50058Instr: p30 (2); s7.7 (2); s19.2;
HUD-903: p2 (3); ACOP: 2F (2); 2G
PH Occ Gbk: s2.2 (2); s3.4; COURT REVIEW ..............................1
s4.6 (2); s4.7; s7.3 (2); PH Occ Gbk: s17.4
s7.7 (2); s8.5; s10.1; COURT TRUSTEE ............................1
s12.1; s17.0; s17.2 (3); ACOP: 7E
s17.4 (2); s17.6 (3);
s18.2; s18.4; s18.9; COURTAWARDED ..........................1
s19.2 (2); Ap2-242; PH Occ Gbk: s12.1
Ap3-265; Ap3-267; Ap3-268; COURT-AWARDED.......................17
Ap3-272; Ap3-281; Ap4-287; 24 CFR 966: .4(a);
Ap4-296; Ap4-297 (2); PH Occ Gbk: s5.4; s11.5;
Ap5-303 (2); Ap5-305; s12.1; s12.2; s17.1;
Ap5-306; Ap5-308; Ap8-346; s17.6;
Ap8-378; ACOP: 5B (2); 9D; 11C;
7465.1 Hbk: s5-4 (2); s5-5; 11G (5); 11-I
s5-7;
7465.7 Gbk: s6-4 (2);
COURT-AWARDED CUSTODY ...16
24 CFR 966: .4(a);
AppF (2);
PH Occ Gbk: s5.4; s11.5;
PIH Notices: 02-09 (4);
s12.1; s12.2; s17.1;
95-48 (7);
s17.6;
95-48 Tech Asst (7); 94-67;
ACOP: 5B (2); 11C; 11G (5);
ACOP: 2B; 2F (3); 2G; 4B;
11-I
4H (3); 4S; 6J (2); 7E;
7-I (2); 7K; 8D; 9M; COURTEOUS ....................................1
11G (4); 11H; 12C; 13C; ACOP: 1E
13E; GL-I; PI-E COURTESY .......................................2
COURT ACTION ..............................5 PH Occ Gbk: Ap8-360;
24 CFR 966: .4(L)(4) (2); ACOP: PI-E
PH Occ Gbk: s7.3; s17.6; COURTHOUSE .................................8
Ap4-297 HUD-903: p3;
COURT AWARDED CUSTODY .....3 7465.7 Gbk: AppG (2);
PH Occ Gbk: s2.2; Ap3-267; PIH Notices: 95-48 (2);
Ap4-287 95-48 Tech Asst (2);
ACOP: PI-E
COURT DECISION ...........................5
PH Occ Gbk: s7.3; COURT-ORDERED ..........................2
PH Occ Gbk: s17.0;
PH Occ Gbk: s17.6 (2); ApB Q22 (2); ApB Q26 (2);
Ap4-291; Ap4-292; Ap4-293; ApB Q27 (2); ApB Q4`;
PIH Notices: 02-01; 99-52; ApB Q45; AppD (2);
95-48 (9); AppF (2);
95-48 Tech Asst (9); PIH Notices: 02-21; 01-27 (5);
ACOP: 12B 01-20; 01-15; 01-09 (2);
ELIGIBILITY................................ 383 00-27; 00-11 (2);
24 CFR 5: .210 (2); .214 (4); 00-11A (3); 00-01; 98-66;
.216 (7); .218 (5); 97-12; 95-48 (12);
.230 (4); .232; .236 (3); 95-48 Tech Asst (12);
.504; .506; .508 (3); ACOP: 1C; 1D; 1-I; 2;
.512 (3); .514; .516 (2); 2Intro; 2A; 2B (2); 2D;
.518; .609 (2); .617; 2E; 2F (3); 2G (5);
.630 (2); .653 (3); 3Intro; 3A (4); 3B (3);
24 CFR 945: .103 (2); .303; 3C; 3D (3); 3F (6);
24 CFR 960: .200; .201 (6); 4Intro; 4A (2); 4F; 4Q;
.203; .206; .255; ELIGIBILITY DECISION ................ 1
24 CFR 964: .7; .125; .130; PH Occ Gbk: s6.9
.205; .305; .415; .420; ELIGIBILITY DETERMINATION 18
24 CFR 966: .4(c); 24 CFR 5: .630;
HUD-50058: p5; p v; 24 CFR 960: .203;
HUD-50058Instr: p2 (2); PH Occ Gbk: s4.7; s6.4 (3);
p15 (2); p17; p18 (2); s6.7; s6.9; s13.1;
p19; p24 (2); p29; p31; Ap3-283;
p37 (2); p38 (3); p71; ACOP: 2G; 3B; 3D; 3F (2);
p72; p76; 6A; 7-I; PI-C
HUD-9886: p1 (5); p2 (4);
PH Occ Gbk: Int Pt2 (2); ELIGIBILITY DETERMINATIONS 6
s1.1 (2); s1.2 (3); s2; PH Occ Gbk: s6.0; Ap2-239;
s2.0; s2.1 (4); s2.2 (4); 7465.7 Gbk: s3-7;
s3.8; s3.10 (2); s4.0 (3); PIH Notices: 01-09; 00-01;
s4.2; s4.4; s4.6 (2); 98-66
s4.7; s4.8; s4.9; ELIGIBILITY REQUIREMENT ...... 3
s4.10 (4); s6.0; s6.3 (2); PH Occ Gbk: Ap8-380;
s6.4 (3); s6.6 (4); s6.7; PIH Notices: 95-48;
s6.9 (3); s7.0 (3); 95-48 Tech Asst
s7.1 (2); s7.3; s7.4 (2); ELIGIBILITY REQUIREMENTS .. 26
s7.5; s7.7 (2); s7.8 (2); 24 CFR 5: .653;
s10.1 (4); s10.4; 24 CFR 945: .103 (2);
s10.9 (3); s11.0; s11.6; 24 CFR 960: .201;
s12.2 (2); s13.1 (2); 24 CFR 964: .130; .415;
Ap1-228 (2); Ap1-230 (3); .420;
Ap1-235; Ap1-236; Ap2-239; PH Occ Gbk: s11.0;
Ap2-240; Ap2-243; Ap2-244 (3);
Ap2-244 (3); Ap3-247 (3); 7465.7 Gbk: s3-3;
Ap3-250; Ap3-251; Ap3-252; PIH Notices: 95-48 (6);
Ap3-254; Ap3-256; Ap3-260; 95-48 Tech Asst (6);
Ap3-261 (3); Ap3-271 (2); ACOP: 4A; 4A
Ap3-273; Ap3-280;
Ap3-283 (2); Ap4-289; ELIGIBLE FAMILY ....................... 17
Ap4-290; Ap8-343; Ap8-344; 24 CFR 5: .214;
Ap8-345; Ap8-346; Ap8-347; 24 CFR 960: .503 (2);
Ap8-348; Ap8-349; Ap8-350; 24 CFR 964: .7 (2);
Ap8-362; Ap8-365; Ap8-369; HUD-50058Instr: p74;
Ap8-370; Ap8-380; Ap8-382; PH Occ Gbk: s2.2 (2);
7465.1 Hbk: s1-1; s1-3 (2); 7465.7 Gbk: s10-4; ApB Q1;
s2-3; s3; s3-1 (2); s3-6; ApH (2);
s4-2 (3); s4-4; s6-3 (3); PIH Notices: 01-27; 00-11A;
7465.7 Gbk: CovLtr (2); s2-1; ACOP: 4C; GL-II; GL-II
s3-2; s3-3 (5); s3-4; ELIGIBLE FAMILY MEMBER ...... 6
s3-7 (7); s4-2; s5-1; 24 CFR 5: .520;
s6-1; s7-1; s9-2; s10-4; 7465.7 Gbk: s11-4 (2);
s10-5; s12-1 (2); ApB Q7; s11-5 (2); ApB Q16
PH Occ Gbk: s13.4 (2); Ap3-274; 24 CFR 964: .30; .205; .225;
Ap4-290 (2); Ap4-291 (2); .310;
Ap4-294; 24 CFR 966: .4(L)(5);
ACOP: 11F; 14C; PI-I HUD-903: p1 (3); p2 (7);
FAILURE TO SIGN.......................... 2 p3 (12);
HUD-9886: p1; p1 HUD-903-1: p1 (2); p2;
p3 (2); p4; p5; p6 (2);
FAILURES ........................................ 5 PH Occ Gbk: s1.0; s1.1 (3);
PH Occ Gbk: s11.7; s1.2 (2); s3.4 (3); s3.5;
PIH Notices: 95-48 (2); s5.0; s6.12; s8.0;
95-48 Tech Asst; Ap1-233; Ap1-234;
95-48 Tech Asst Ap1-235 (7); Ap1-236;
FAIR .............................................. 265 Ap2-240; Ap3-249; Ap3-250;
24 CFR 5: .100 (5); .105; Ap3-252;
.514; .524; .603 (2); 7465.1 Hbk: s1-1 (2);
.655 (2); s1-3 (2); s4-2; s5-4;
24 CFR 945: .203(b); .205(b); s5-7;
.301; PIH Notices: 02-21 (8); 02-12;
24 CFR 960: .103 (3); .202; 02-01 (3); 01-20 (3);
24 CFR 964: .30 (2); .130 (2); 01-17; 01-15; 00-20;
.205; .225; .310 (2); 99-52 (3); 99-21; 99-19;
.315; .340; .420; 99-19-Ap1; 98-24;
24 CFR 966: .4(L)(5); .56; 97-12 (2); 95-48 (3);
HUD-50058: p i (2); p xvii; 95-48 Tech Asst;
HUD-50058Instr: p3; p22; ACOP: 1Intro; 1D (4); 1K;
p39; p62; 4B; 4H; 4M; 5A; 7K;
HUD-903: p1 (3); p2 (11); 8Intro
p3 (12); FAIR HOUSING ACT .................... 81
HUD-903-1: p1 (2); p2 (2); 24 CFR 5: .100; .105; .524;
p3 (2); p4; p5; p6 (2); 24 CFR 945: .301;
PH Occ Gbk: Int Pt3; s1.0 (2); 24 CFR 964: .310;
s1.1 (15); s1.2 (14); s2.2; HUD-50058: p i;
s3.4 (3); s3.5; s4.0; HUD-903: p2 (5);
s4.10; s5.0 (2); s5.3; PH Occ Gbk: s1.0; s1.1 (11);
s6.3; s6.12; s7.6; s8.0; s1.2 (8); s2.2; s4.10;
s8.8; s10.1 (2); s10.5; s5.0; s5.3; s7.6; s16.1;
s14.3; s16.1; s18.8 (2); Ap1-227; Ap1-233 (2);
Ap1-227 (2); Ap1-233 (3); Ap1-235 (2); Ap3-249;
Ap1-234; Ap1-235 (9); Ap3-252;
Ap1-236; Ap2-239; Ap2-240; 7465.1 Hbk: s4-2; s5-1;
Ap2-243 (2); Ap3-249 (2); 7465.7 Gbk: s1-6 (2);
Ap3-250; Ap3-252 (2); PIH Notices: 02-21 (3);
Ap5-306; 02-01 (10); 01-20 (2);
7465.1 Hbk: s1-1 (2); 01-15; 00-45 (2);
s1-3 (2); s4-2 (2); s5-1; 99-52 (10); 99-19;
s5-4; s5-7; 99-19-Ap1; 97-12; 95-48;
7465.7 Gbk: s1-6 (2); 95-48
PIH Notices: 02-21 (15);
02-12; 02-01 (14); FAIR HOUSING POSTER ............. 10
01-20 (5); 01-17; PH Occ Gbk: s1.2; Ap1-235 (7);
01-15 (3); 00-45 (2); 7465.1 Hbk: s1-3;
00-20; 99-52 (13); 99-21; ACOP: 1K
99-19 (3); 99-19-App1 (2); FAIR MARKET RENT ..................... 8
98-24; 97-12 (3); 24 CFR 5: .100 (2);
95-48 (5); 95-48 Tech Asst; HUD-50058: p i; p xvii;
ACOP: 1Intro; 1D (4); 1K; HUD-50058Instr: p3; p39;
3Intro; 4Intro; 4A; 4B; p62;
4H; 4M; 5A; 6A; 6M (4); PH Occ Gbk: Ap1-227
7D; 7G (3); 7K; 8Intro; FAIR MARKET RENTS .................. 2
13F (3); GL-II 24 CFR 5: .100;
FAIR HOUSING ........................... 118 PH Occ Gbk: s10.5
24 CFR 5: .100; FAIRLY ............................................. 5
24 CFR 960: .103 (3); .202;
Ap2-245 (2); Ap3-252 (2); p62 (2); p68 (2); p69 (2);
Ap3-263; Ap3-268 (2); p72;
Ap3-272; Ap3-277; PH Occ Gbk: s1.1; s3.3;
Ap3-278 (2); Ap3-279 (6); s5.4; s5.5; s6.8; s6.9;
Ap3-282 (5); Ap4-289; s7.0; s7.1 (4); s7.2;
Ap4-297; Ap6-310; s7.3; s7.7 (2); s9.5;
Ap6-311 (4); Ap8-320; s10.1 (2); s10.2 (3);
Ap8-321 (2); Ap8-322 (2); s10.9 (2); s11.1;
Ap8-324 (2); Ap8-325 (4); s12.1 (3); s12.2 (6);
Ap8-326 (2); Ap8-328; s12.3 (5); s15.4; s15.5;
Ap8-329; Ap8-330; s15.7; s17.6 (2); s19.2;
Ap8-331 (2); Ap8-332; Ap2-239; Ap2-240; Ap2-242;
Ap8-335 (4); Ap8-336; Ap3-247; Ap3-252; Ap3-258;
Ap8-337 (2); Ap8-340 (3); Ap3-267; Ap3-268; Ap3-270;
Ap8-341; Ap8-342; Ap3-271; Ap3-272 (8);
Ap8-363 (2); Ap8-364; Ap3-278; Ap3-279;
Ap8-368 (7); Ap8-370 (2); Ap3-282 (2); Ap4-287 (2);
Ap8-371 (2); Ap8-373; Ap4-289; Ap4-290;
Ap8-374; Ap8-376 (2); Ap4-297 (4); Ap6-310;
Ap8-381; Ap8-389; Ap8-393; Ap6-311; Ap8-323 (2);
7465.1 Hbk: s3-3 (5); s5-1; Ap8-328 (2); Ap8-329 (4);
7465.7 Gbk: s4-2 (2); s4-3; Ap8-330 (2); Ap8-335;
s4-4 (2); s5-2; s6-1; Ap8-337 (2); Ap8-340;
s6-2; s8-1; s8-2 (3); Ap8-341; Ap8-379 (5);
s8-3 (2); s9-3; s10-4 (2); Ap8-381; Ap8-385 (6);
s11-2; s11-3; s11-4 (2); Ap8-388 (3);
s11-5 (2); ApB Q6; ApB Q9; 7465.1 Hbk: s3-1 (2); s3-5;
ApB Q10; ApB Q24; ApB Q26; 7465.7 Gbk: CovLtr; s3-2;
ApB Q30; ApC (2); ApD (11); s4-2; s6-1; s10-5 (2);
ApE; ApF (11); s11-2 (2); s11-3 (2);
PIH Notices: 03-05; 02-01 (4); s11-4; s11-5; ApB Q7;
01-40; 01-15 (2); 00-11A; ApB Q8; ApB Q12;
99-52 (5); 95-48 (2); ApB Q26 (2); ApE (2);
95-48 Tech Asst (2); ApF (2);
ACOP: 2B (2); 2D; 2F (7); ACOP: 1E; 2B; 2F; 2G;
5A; 5B; 6A; 6B (2); 3B; 3D (2); 5B (2);
6C (15); 6H (2); 6N; 6B (2); 7Intro; 7E;
6Q (2); 7D (3); 7E (6); 7-I (4); 7K; 9C; 9D;
7H; 7-I (10); 9C; 9D; 11A (2); 11B (2); 11C;
9M; 11C (2); 11D (2); 11G (2); 11-I; GL-I (3);
11G (9); 11H (2); 12B; GL-II; PI-E
12E; GL-I (11); GL-II (11); FAMILY MEMBER'S .....................16
PI-E HUD-50058Instr: p15 (2);
FAMILY MEMBERS ....................275 p18 (2); p25;
24 CFR 5: .506; .508 (2); PH Occ Gbk: s7.0; s8.5;
.512; .518 (2); .520 (5); s10.2; s10.9 (2); Ap3-265;
.611; .659; Ap8-331; Ap8-374;
24 CFR 945: .105 (2); PIH Notices: 01-15;
24 CFR 960: .255; .259; ACOP: 4S; 6C
.605 (4); FAMILY MEMBERS' .......................1
24 CFR 966: .4(a); .4(L)(5); PH Occ Gbk: Ap3-259
HUD-50058: p iii; p iv;
p v (2); p6; p vii; FAMILY OBLIGATION ...................4
p ix (3); p x (3); 24 CFR 5: .659;
p xi (3); p xii (3); 24 CFR 960: .259; .607;
p xiii (3); p xiv (4); ACOP: 7B
p xvi (2); p17; p xvii; FAMILY OBLIGATIONS .................3
HUD-50058Instr: p2; p14; PH Occ Gbk: Ap1-237; Ap6-310;
p16; p17; p18 (2); p24; 7465.7 Gbk: ApB Q9
p26; p29 (2); p34; p36; FAMILY PARTICIPATED ...............1
p39; p40 (5); p44 (7); HUD-50058Instr: p2
p48 (7); p51 (7); p54 (7);
p57 (5); p60; p61; FAMILY PARTICIPATES ..............15
ApB Q45 (2); AppC (4); PH Occ Gbk: s7.3 (2); s12.1;
AppF (3); Ap1-230; Ap3-252; Ap3-272;
ACOP: 2D (3); 6P; 7D; Ap8-320; Ap8-323;
7-I (4); 11C; 11J; 11J 7465.7 Gbk: s3-7 (2); s5-1;
IMMIGRANTS ................................23 s7-2 (2); s7-3 (2); s8-1;
HUD-50058Instr: p68 (2); s8-4; s9-1; s12-1 (2);
PH Occ Gbk: s2.2 (7); s6.9; ApB Q10; ApB Q12; ApB Q21;
s7.3; ApD (2); ApF (3); ApG (55);
7465.1 Hbk: s2-3; ACOP: 3D; 13F
7465.7 Gbk: s3-1; ApB Q17; IMMIGRATIONS ..............................1
ApB Q18; ApB Q26; 24 CFR 5: .504
ACOP: 1L; 2D; 7-I (4); 11J IMMUNODEFICIENCY ...................8
IMMIGRATION ............................376 24 CFR 5: .403 (2);
24 CFR 5: .500; .504 (5); 24 CFR 945: .105 (2);
.506; .508 (23); .510 (6); HUD-50058Instr: p74 (2);
.512 (11); .514 (12); .516; PH Occ Gbk: s2.2; s2.2
.518 (6); .520 (7); .524; IMPAIR ..............................................2
.630; .659; 24 CFR 5: .303;
24 CFR 960: .202; .259; 24 CFR 960: .705
HUD-50058: p v;
HUD-50058Instr: p3; p17 (3); IMPAIRED.......................................34
p71; p73 (3); 24 CFR 966: .4(k); .56;
PH Occ Gbk: s2.2; s6.4; HUD-903: p3;
s7.1; s7.3 (7); s12.1; PH Occ Gbk: s1.1; s1.2 (2);
s19.5 (3); Ap1-229 (4); s10.2; s16.1; s17.6;
Ap1-230 (3); Ap3-251; s17.8; Ap2-238; Ap3-252;
Ap3-252 (2); Ap3-254 (2); Ap3-282; Ap4-295; Ap5-306;
Ap3-261; Ap3-272; Ap8-320; Ap8-340;
Ap8-323; Ap8-380; 7465.1 Hbk: s4-2; s5-2;
7465.7 Gbk: CovLtr (6); PIH Notices: 02-01 (2);
s1-6 (4); s2-1 (7); 99-52 (2); 95-48 (4);
s3-1 (2); s3-2 (2); 95-48 Tech Asst (4);
s3-3 (2); s3-4; s3-7 (3); ACOP: 1D; 4O; 5C; 13F;
s4-2 (3); s4-3 (3); GL-II
s4-4 (3); s5-1 (5); IMPAIRMENT...............................143
s5-2 (8); s5-3 (3); s5-4; 24 CFR 5: .403;
s6; s6-1 (6); s6-2 (4); 24 CFR 945: .105;
s6-3 (3); s6-4 (6); s7; HUD-50058: p i;
s7-1 (2); s7-2 (3); HUD-50058Instr: p15; p29;
s7-3 (4); s8-1; s8-2 (3); p74;
s8-3 (3); s8-4; s9-1 (2); PH Occ Gbk: s1.2 (13); s2.2;
s9-2 (2); s10-2; s10-4 (2); Ap1-232 (4); Ap1-234 (3);
s10-5 (2); s11-2 (2); Ap2-238 (2); Ap2-240 (3);
s11-3 (2); s11-4 (3); Ap2-241 (10); Ap2-243;
s11-5 (2); s12-1 (3); Ap4-289; Ap8-340 (2);
ApB Q1; ApB Q10; ApB Q12; Ap8-369 (3);
ApB Q17; ApB Q20; 7465.1 Hbk: s3-4; s5-2;
ApB Q21 (2); ApB Q22; App3;
ApB Q25; ApB Q26 (3); PIH Notices: 95-48 (41);
ApB Q4`; ApB Q45; 95-48 Tech Asst (41);
AppC (10); AppD (6); ACOP: 1E (3); 4C; 5C; 13F;
AppE (7); AppF (29); GL-II (2); GL-II
AppG (55); IMPAIRMENTS ............................116
PIH Notices: 01-27; PH Occ Gbk: s1.2 (4); s3.0 (2);
ACOP: 2D (2); 2G (2); s3.7; Ap2-238; Ap2-241 (2);
3D (2); 3E; 7-I (5); 11A; Ap3-251; Ap3-277;
12E; 13F (3); GL-III (6); PIH Notices: 02-01 (7);
GL-III 99-52 (7); 95-48 (44);
IMMIGRATION STATUS ..............98 95-48 Tech Asst (44);
24 CFR 5: .500; .508; ACOP: 4O; 5C; GL-II
.510 (2); .512 (5); IMPAIRS ............................................2
.514 (5); 24 CFR 5: .303;
PH Occ Gbk: s10.1 (2); s12.4; PH Occ Gbk: s3.1; s3.4 (2);
Ap3-279 (2); s3.7; Ap8-369;
PIH Notices: 01-15; 7465.1 Hbk: s4-2;
ACOP: 6C (3); 6D; 7E; 7465.7 Gbk: s2-1;
GL-I; GL-I PIH Notices: 01-05; 00-52;
INCREMENTAL EARNED ..............1 ACOP: 1H; 4B; GL-II; PI-A
PH Occ Gbk: s12.4 INDEPENDENT AUDITORS ...........1
INCREMENTAL EARNINGS ........11 ACOP: 1H
24 CFR 5: .609; INDEPENDENT TESTERS ..............2
HUD-50058Instr: p27; p28; PH Occ Gbk: s3.4;
PH Occ Gbk: s10.1 (2); ACOP: 4B
Ap3-279 (2); INDEPENDENT VERIFICATION ...5
PIH Notices: 01-15; 24 CFR 5: .236 (3);
ACOP: 7E; GL-I; GL-I HUD-9886: p1;
INCREMENTS ..................................7 ACOP: PI-A
PIH Notices: 02-21 (6); 02-21 INDEPENDENTLY .........................30
INDEFINITE ....................................17 24 CFR 5: .318; .403 (2);
24 CFR 5: .403; 24 CFR 945: .105;
24 CFR 945: .105; HUD-50058: p i;
HUD-50058: p i; HUD-50058Instr: p15; p74 (2);
HUD-50058Instr: p15; p74; HUD-9886: p2;
PH Occ Gbk: s2.2; Ap2-243; PH Occ Gbk: s1.2; s2.2 (2);
Ap8-369; Ap2-243; Ap7-316;
7465.1 Hbk: s3-4; Ap8-369 (2); Ap8-371;
7465.7 Gbk: s6-2; Ap8-376;
PIH Notices: 03-05; 02-21; 7465.1 Hbk: s3-4 (3);
ACOP: 11G (2); 11H; GL-II; ACOP: 7H; 7J; GL-II (3);
GL-II PI-A; PI-D (2); PI-I
INDEFINITE DURATION ..............11 INDEPENDENTLY VERIFIABLE ..3
24 CFR 5: .403; ACOP: PI-A; PI-D; PI-D
24 CFR 945: .105; INDEPENDENTLY VERIFIED........1
HUD-50058: p i; ACOP: PI-I
HUD-50058Instr: p15; p74;
PH Occ Gbk: s2.2; Ap2-243; INDEPENDENTLY VERIFY ...........1
Ap8-369; ACOP: 7J
7465.1 Hbk: s3-4; INDEPENDENTLY VERIFYING ....1
ACOP: GL-II; GL-II HUD-9886: p2
INDEFINITELY ................................4 INDIAN ..........................................368
PH Occ Gbk: Ap8-369; 24 CFR 5: .214; .504 (2);
7465.1 Hbk: App3; .603;
PIH Notices: 99-31; 24 CFR 960: .403 (2);
ACOP: 12D 24 CFR 964: .3;
INDEMNIFY .....................................1 HUD-50058: p1 (2); p i (2);
24 CFR 5: .318 p2 (5); p ii (4); p3; p4;
p5 (3); p v (3); p6; p7;
INDEMNITY .....................................1 p vii; p9 (2); p ix (5);
PH Occ Gbk: Ap8-348 p15; p xv (3);
INDEPENDENCE ...........................20 HUD-50058Instr: p i; p ii (2);
24 CFR 5: .603; p1; p3; p5; p7 (5);
24 CFR 964: .7 (3); .308; p8 (4); p9 (3); p10; p11;
HUD-50058Instr: p71; p72; p12; p15; p20 (3); p22;
PH Occ Gbk: s13.5 (2); p24; p30 (8); p32; p36;
Ap6-309 (2); p39 (3); p40 (4); p58 (5);
PIH Notices: 00-11; 95-48 (3); p68 (4); p69 (5); p70;
95-48 Tech Asst (3); p71 (2); p73 (4); p74 (4);
ACOP: 6C; GL-II p75 (3); p78 (3);
INDEPENDENT ..............................20 HUD-903: p1; p2 (2);
24 CFR 5: .236 (3); .703; PH Occ Gbk: CovLtr; s1.0;
24 CFR 964: .130; s1.1 (3); s3.4; s10.1 (8);
HUD-50058Instr: p73; s10.9; Ap1-232 (2);
HUD-9886: p1; Ap3-280; Ap3-281 (6);
s7.6 (2); s7.7 (4); s17.6; ACOP: 2F; 8D; 8E; 9M (3);
Ap3-251; Ap3-259; Ap3-261; 11G; 12Intro; 12C (4);
Ap8-383; Ap8-384; 12D
Ap8-385 (2); Ap8-389 (2); LEASE TERMINATIONS ................7
Ap8-391; PH Occ Gbk: s17.6 (2); s18.1;
ACOP: 2G Ap3-247; Ap3-275;
LEASE COMPLIANT .......................4 ACOP: 11J; 12
PH Occ Gbk: s3.10; s4.10; LEASE TERMS ...............................41
s6.7; s17.8 PH Occ Gbk: s4.6 (9); s4.8;
LEASE ENFORCEMENT ...............33 s4.10; s6.7; s7.7 (9);
24 CFR 5: .901; .903 (11); s17.4; Ap3-260 (3);
.905 (6); Ap3-275; Ap4-289 (2);
PH Occ Gbk: s4.6; s4.10; Ap4-297 (2); Ap8-319 (3);
s9.1; s12.2; s17.8; Ap8-382 (2); Ap8-383;
PIH Notices: 03-11 (8); 02-01; Ap8-384; Ap8-385; Ap8-387;
99-52 Ap8-389;
LEASE PACKAGE............................2 PIH Notices: 02-09
PH Occ Gbk: s6.10; s6.11 LEASE VIOLATED ..........................1
LEASE REQUIRE .............................1 PH Occ Gbk: Ap3-275
PH Occ Gbk: s17.6 LEASE VIOLATION ......................13
LEASE REQUIREMENT ..................1 PH Occ Gbk: s7.6; s12.2;
PH Occ Gbk: s4.1 s17.6; Ap3-268; Ap3-271;
Ap3-273;
LEASE REQUIREMENTS..............20 PIH Notices: 99-11;
24 CFR 966: .4; .7; ACOP: 8E; 9F; 9M (3); 9M
PH Occ Gbk: Int Pt5; s4.0;
s4.2 (2); s4.10; s7.0 (2); LEASE VIOLATIONS ....................10
s7.1; s9.0; s17; s17.0; PH Occ Gbk: s4.6; s7.7;
s17.3; s17.6 (2); s11.6; s17.6; s17.8;
Ap3-258 (2); Ap3-270; Ap3-271;
ACOP: 2G; 9B ACOP: 8E; 9M; 9M
LEASE REQUIRES ...........................1 LEASED...........................................36
PH Occ Gbk: s12.2 24 CFR 5: .353; .653;
24 CFR 960: .403; .503;
LEASE REQUIRING ........................3 24 CFR 966: .4(b); .4(d) (2);
7465.1 Hbk: s5-2; HUD-50058: p17;
PIH Notices: 02-01; 99-52 HUD-50058Instr: p63; p73;
LEASE TERM .................................16 PH Occ Gbk: s3.6; s17.6 (5);
24 CFR 960: .603 (2); .605; Ap1-238; Ap8-339;
.607; Ap8-374 (2);
24 CFR 966: .4(a) (3); .4(b); 7465.1 Hbk: CovLtr (3);
.4(L)(2); s3-2 (2);
HUD-50058Instr: p70; p74; PIH Notices: 02-21 (5);
PH Occ Gbk: s12.2; s17.1; 95-48 (3);
s17.6; Ap4-302; 95-48 Tech Asst (2);
ACOP: 12B 95-48 Tech Asst
LEASE TERMINATED ....................2 LEASED HOUSING..........................2
PH Occ Gbk: s7.2; Ap8-323 24 CFR 960: .403;
LEASE TERMINATES .....................1 7465.1 Hbk: CovLtr
HUD-50058Instr: p11 LEASEHOLDER ...............................5
LEASE TERMINATION .................71 24 CFR 966: .4(L)(5) (2);
24 CFR 966: .4(e) (4); PH Occ Gbk: s12.6; Ap3-272;
.4(L)(3) (6); .4(m); ACOP: 9D
PH Occ Gbk: CovLtr; Int; LEASE-UP .......................................24
s4.0; s4.6; s8.9; s15.5; PIH Notices: 02-21 (18);
s17.4; s17.6 (20); s18.2; 01-20 (5);
Ap3-247; Ap3-266; Ap3-269; ACOP: 6A
Ap3-275 (6); Ap3-276; LEASING .........................................47
Ap4-292 (4); Ap4-296 (2); 24 CFR 5: .653 (3);
Ap4-297; Ap6-311; 24 CFR 966: .4(j);
PIH Notices: 97-12;
PIH Notices: 00-11 (2); 95-48; ACOP: 2B; 2G; 7E; 9C;
95-48 Tech Asst 10; 12D; 13F; GL-I (4);
LOCAL AGENCY .......................... 15 GL-II (2); GL-II
24 CFR 5: .100; .659; .903; LOCAL LAW ENFORCEMENT ..... 8
.905 (8); PH Occ Gbk: s19.6;
24 CFR 960: .259; PIH Notices: 03-11 (5); 95-58;
HUD-903: p2; ACOP: 7K
PIH Notices: 01-15; LOCAL LAWS ............................... 24
ACOP: 7-I 24 CFR 5: .318; .350;
LOCAL DECISIONS ........................ 1 24 CFR 945: .301;
24 CFR 964: .16 24 CFR 964: .225; .320;
LOCAL GOVERNMENT ............... 61 HUD-903: p2;
24 CFR 5: .526 (4); .603; PH Occ Gbk: Int Pt5;
.609; .661; s16.2 (2); s16.3; s17.3;
24 CFR 945: .203(b); Ap1-229; Ap1-233;
24 CFR 960: .505; 7465.1 Hbk: CovLtr; s1-1;
HUD-50058Instr: p28 (2); p74; PIH Notices: 02-01; 99-52;
PH Occ Gbk: s10.1; Ap3-279; 99-31 (2);
PIH Notices: 00-50; 99-31; ACOP: 1Intro; 1J; 10 (2);
99-19 (12); 98-44; 97-12; 13B
95-58 (6); 95-48 (10); LOCAL NEWSPAPERS ................... 3
95-48 Tech Asst (10); 24 CFR 5: .518;
ACOP: 9M; GL-I (2); PH Occ Gbk: s3.2; s6.3
GL-II (2); GL-II LOCAL PREFERENCE .................. 26
LOCAL GOVERNMENT ACTION . 1 24 CFR 5: .506;
ACOP: 4C 24 CFR 960: .206 (2);
LOCAL GOVERNMENTAL ........... 1 PH Occ Gbk: s2.2 (2);
PIH Notices: 00-11 s3.6 (2); s19.0; Ap1-236;
Ap2-245 (2); Ap3-255 (3);
LOCAL GOVERNMENTS............. 28 PIH Notices: 97-12;
24 CFR 5: .107; .603; ACOP: 2G; 4A (5); 4C; 4F;
HUD-50058Instr: p76; GL-II (2); GL-II
PIH Notices: 02-01; 01-15 (2);
99-52; 97-12; 95-48 (12); LOCAL PREFERENCES ............... 19
95-48 Tech Asst (6); 24 CFR 5: .506;
ACOP: GL-II; GL-II 24 CFR 960: .203; .206 (4);
PH Occ Gbk: s3.6 (6);
LOCAL HEALTH DEPARTMENT . 2 ACOP: 4A (2); 4C (4); 7K
PH Occ Gbk: Ap3-250;
7465.1 Hbk: s3-5 LOCAL SITUATION ....................... 1
PH Occ Gbk: s16.2
LOCAL HOUSING NEEDS ............. 1
24 CFR 960: .206 LOCAL SITUATIONS ..................... 1
PH Occ Gbk: Int Pt5
LOCAL LAW .................................. 77
24 CFR 5: .212; .303; LOCALITIES .................................... 4
.306 (2); .315 (5); .318; 24 CFR 964: .415;
.321 (2); .327; .350; PH Occ Gbk: s3.6; s5.1; s6.7
.353; .360 (3); .514; LOCALITY ..................................... 13
.609; .615; HUD-50058: p6;
24 CFR 945: .105; HUD-50058Instr: p22 (2);
24 CFR 960: .261; .705; PH Occ Gbk: s5.1; s10.9;
.707 (3); s17.6; Ap8-354;
24 CFR 964: .415; 7465.7 Gbk: CovLtr;
24 CFR 966: .4(L)(3) (3); .57; PIH Notices: 02-01; 00-50;
HUD-50058Instr: p27; p31; 99-52; 99-11;
p71; p73; p75; ACOP: 6C
PH Occ Gbk: s2.1; s10.1; LOCALLY ........................................ 4
s16.2 (5); s17.6 (3); 24 CFR 964: .150;
s18.9; Ap3-251; Ap3-280; PH Occ Gbk: s7.2; s16.3;
Ap4-296; Ap4-297; Ap5-308; PIH Notices: 03-17
7465.1 Hbk: s1-3;
PIH Notices: 99-31; 95-48 (4); LOCALLY-DESIGNED ................... 1
95-48 Tech Asst (4); PIH Notices: 00-52
p57 (2); p67; p68 (7); PH Occ Gbk: s1.2 (2); s3.0;
p69 (7); p73; s3.6 (5); s10.5;
PH Occ Gbk: s2.2; Ap1-229; Ap2-238 (2); Ap2-244;
7465.7 Gbk: CovLtr; s2-1; Ap3-255 (2); Ap3-256 (5);
s3-2; s8-2; s10-2 (2); Ap3-269; Ap3-277; Ap8-324;
s10-4; s10-5 (2); Ap8-369;
s11-1 (2); s11-2; s11-3; 7465.1 Hbk: s4-2; s5-2 (2);
ApB Q11 (2); ApB Q12; PIH Notices: 03-17; 02-01 (2);
ApB Q23; ApB Q27 (3); 99-52 (2); 99-19 (2);
ApB Q31; ApB Q34 (2); 99-11; 95-48 (10);
ApB Q37; ApB Q39; 95-48 Tech Asst (10);
ApB Q42 (2); ApB Q43; ACOP: 1B; 4C; 4O; 5C (2);
ApB Q45 (3); ApF; GL-II; GL-II
PIH Notices: 01-27; MOBILITY IMPAIRMENT ............. 9
ACOP: GL-III PH Occ Gbk: s1.2; Ap2-238;
MIXED FAMILY'S ........................... 3 7465.1 Hbk: s5-2;
HUD-50058Instr: p39; p69; p69 PIH Notices: 95-48 (2);
MIXED HOUSING ........................... 1 95-48 Tech Asst (2);
24 CFR 945: .103 ACOP: 5C; GL-II
MIXED POPULATION .................. 56 MOBILITY IMPAIRMENTS ......... 19
24 CFR 945: .103 (2); .105 (2); PH Occ Gbk: s1.2; s3.0;
.201 (2); .203(c); .203(f); Ap3-277;
.303; PIH Notices: 02-01; 99-52;
24 CFR 960: .102; .200; 95-48 (7);
.206; .261; .401; 95-48 Tech Asst (6);
.403 (6); 95-48 Tech Asst
PH Occ Gbk: s1.2 (2); MOBILITY PROBLEMS ................. 3
s2.2 (2); s3.1 (2); s3.6; PH Occ Gbk: Ap3-269;
s3.9; s3.11 (3); s4.10; 7465.1 Hbk: s5-2;
s5.4; s10.5; s10.6; PIH Notices: 99-11
s16.0; s16.2 (3); MOBILITY-IMPAIRED ................... 2
Ap1-237 (4); Ap2-242; ACOP: 4O; 5C
Ap3-255 (2); Ap3-257 (2);
Ap3-262; MOBILIZING ................................... 2
PIH Notices: 97-12 (3); 24 CFR 964: .7; .300
ACOP: 4E (3); 4E MODERATE REHABILITATION 22
MIXED POPULATION PROJECT .. 9 24 CFR 5: .514; .630; .653;
24 CFR 945: .105 (2); .201; .655; .657; .801;
.303; HUD-50058: p12; p xii (2);
PH Occ Gbk: s3.11; Ap2-242; HUD-50058Instr: p ii; p7;
Ap3-257; p50 (2); p73 (2);
PIH Notices: 97-12; 7465.7 Gbk: CovLtr; s9-2;
ACOP: 4E ApB Q10;
PIH Notices: 02-01; 01-15;
MIXED POPULATION PROJECTS11 99-52; 99-11
24 CFR 945: .103; .201;
.203(c); .203(f); MODERATE REHABILITATION
24 CFR 960: .261; .403 (2); PROGRAM ..................................... 15
PH Occ Gbk: s3.11; Ap1-237; 24 CFR 5: .100; .632; .659;
Ap3-257; .801; .902; .903;
PIH Notices: 97-12 7465.7 Gbk: s10-3; ApF;
MIXED POPULATIONS .................. 5 PIH Notices: 02-01 (2);
24 CFR 945: .101; 01-27 (2); 99-52 (2);
PH Occ Gbk: Ap1-237; ACOP: GL-II
PIH Notices: 97-12 (2); 97-12 MODERATE REHABILITATION
MIXED-USE ..................................... 2 PROGRAMS ................................... 14
24 CFR 5: .306; .306 24 CFR 5: .504; .514 (2);
MOBILE ............................................ 2 HUD-50058Instr: p9; p74;
HUD-903-1: p5; 7465.1 Hbk: s3-5;
PH Occ Gbk: Ap2-243 7465.7 Gbk: CovLtr; s1-5;
s2-1; s10-1; s12-2;
MOBILITY...................................... 61
7465.7 Gbk: CovLtr (2); s9-2; p70 (2); p71 (3); p73 (2);
s12-2; p74; p76;
PIH Notices: 02-01 (4); 01-27; PH Occ Gbk: s1.1 (2);
01-11; 00-45; 00-32; s1.2 (6); s2.2 (2);
00-01 (3); 99-52 (4); s3.8 (3); s3.10 (2);
99-11; 98-66; 95-48 (2); s4.10 (2); s5.4; s6.3;
94-67; 94-67 s6.4; s6.10; s6.12;
NATIVE AMERICANS ....................2 s7.6 (2); s7.7; s8.5;
HUD-50058Instr: p74; s9.1; s10.1 (2); s10.2 (4);
PIH Notices: 02-01 s10.6; s10.7; s11.0;
s11.6; s13.1; s13.5;
NATURAL DISASTER .....................8 s14.3; s16.2; s17.6 (4);
PH Occ Gbk: s2.2; s3.6 (2); Ap1-228; Ap1-237; Ap1-239;
s7.1; Ap3-256; Ap8-321; Ap2-241; Ap3-253; Ap3-254;
Ap8-324; Ap3-258; Ap3-261; Ap3-262;
ACOP: 14B Ap3-266; Ap3-269; Ap3-270;
NATURAL GAS ................................5 Ap3-272; Ap3-280;
24 CFR 5: .703; Ap3-282 (2); Ap4-290;
PH Occ Gbk: Ap4-288; Ap4-289; Ap4-291 (2); Ap4-292;
Ap4-300; Ap4-294; Ap5-308;
ACOP: 9M Ap8-357 (2); Ap8-368;
NATURALIZATION SERVICE .....13 Ap8-373;
24 CFR 5: .504; 7465.1 Hbk: s1-3; s2-1;
HUD-50058Instr: p3; p73; s3-3; s3-4; s4-2 (5);
PH Occ Gbk: s2.2; s7.3; s5-3 (2); s5-7; s6 (2);
7465.7 Gbk: CovLtr (2); s2-1; 7465.7 Gbk: CovLtr; s1-6 (3);
ApD (2); ApF; s3-7 (2); s5-6; s10-5;
ACOP: 7-I; GL-III ApB Q7; ApB Q26 (2);
ApB Q32; AppH;
NAZI ..................................................6 PIH Notices: 03-11 (3); 02-21;
24 CFR 5: .609; 02-01 (9); 01-20;
HUD-50058Instr: p31; 01-15 (4); 01-11; 00-50;
PH Occ Gbk: s10.1; Ap3-279; 00-27; 00-11; 00-11A (2);
ACOP: 7E; GL-I 99-52 (9); 99-19 (2);
NEAR-ELDERLY ...........................46 99-19-App1; 99-11;
24 CFR 5: .403 (3); 97-12 (2); 95-48 (25);
24 CFR 945: .105 (9); .203(c); 95-48 Tech Asst (25);
.303 (4); 94-67 (3);
HUD-50058Instr: p72; p73; ACOP: 1E (2); 2E; 2F; 2G;
PH Occ Gbk: s2.2 (3); 3D; 3F; 4S; 6B; 6C (2);
s3.10 (3); s3.11; Ap1-229; 6N; 6Q; 7G; 7H (2);
Ap2-242 (7); Ap3-256 (3); 7-I; 8Intro; 9M (5); 10;
PIH Notices: 97-12 (3); 11Intro; 11B (2); 11D;
ACOP: 2B (3); 4J; GL-II; 12B; 13F (3); GL-I (2);
GL-II GL-II (6); PI-Intro
NECESSARY.................................301 NEED .............................................270
24 CFR 5: .214; .216 (2); 24 CFR 5: .603; .609; .628;
.230; .234; .236 (2); .653; .703; .903;
.318 (3); .350; .360; 24 CFR 945: .105 (2);
.403; .518; .603 (8); .203(c) (3); .205(a) (3);
.609; .611 (2); .653; .205(b) (3); .205(c) (2);
.659 (2); .903 (4); HUD-50058: p16; p xvi;
.905 (2); HUD-50058Instr: p1; p28;
24 CFR 945: .203(f); p60 (2); p61 (13); p76;
24 CFR 960: .201; .204; HUD-903-1: p3;
.259 (2); .705; HUD-9886: p1;
24 CFR 964: .16; .135; .150; PH Occ Gbk: s1.1 (2);
.205; .225; .308; s1.2 (5); s2.2; s3.0;
24 CFR 966: .4(c); .4(d); s3.1 (2); s3.6 (7);
.4(e); .4(f); .4(a); .7; s3.7 (2); s3.10; s4.2;
.57; s4.10; s5.4; s6.1;
HUD-50058Instr: p7 (2); p13; s6.4 (2); s6.6; s6.8;
p15 (2); p22; p34; p36; s6.9 (4); s7.4; s7.5;
11B (6); 12Intro; 12C (2); 9H; 11D; 11F; 11G (2);
13F (3); PI-I; PI-I 12C; 13F (3); PI-I; PI-I
NOTIFICATIONS .............................5 NOTIFYING ......................................8
PH Occ Gbk: s17.6; 24 CFR 5: .514;
7465.1 Hbk: s4-4 (2); PH Occ Gbk: Ap3-275;
PIH Notices: 02-01; 99-52 7465.1 Hbk: s2-1; s4-4;
NOTIFIED .......................................56 PIH Notices: 00-36;
24 CFR 5: .508; .655; ACOP: 7C; 12D; 13F
24 CFR 960: .206; .208; NOVEMBER ...................................28
24 CFR 964: .425; 24 CFR 5: .216; .518 (4);
24 CFR 966: .56; .801 (2);
PH Occ Gbk: s3.2; s3.8; HUD-50058Instr: p18 (2);
s4.8; s7.7; s12.6; s14.1; 7465.7 Gbk: CovLtr;
s17.6; Ap1-236; Ap3-253; PIH Notices: 02-21; 01-40 (2);
Ap3-261 (2); Ap3-275; 01-37; 01-27 (6); 01-09A;
Ap3-276; Ap4-290; Ap5-304; 00-51; 00-50 (2);
Ap5-306 (3); 99-50 (2); 95-69; 95-69
7465.1 Hbk: s2-1; s2-3; NSF.....................................................3
s4-4; s5-4 (2); PIH Notices: 00-50;
7465.7 Gbk: s3-7; s5-3; ACOP: 9-I; 9-I
PIH Notices: 02-21; 01-27;
01-20; 00-27; 99-19; NUISANCE ........................................8
99-19-App3; 97-12; 24 CFR 5: .327 (2); .360;
ACOP: 2G; 3C; 3D (2); 4A; PH Occ Gbk: Ap1-229;
4Q; 6A; 6R; 6S; 9K; Ap7-317 (2);
9M (3); 10; 11B; 12B; 7465.1 Hbk: s4-1;
13F; 13F ACOP: 2G
NOTIFIES ..........................................7 NUMBER OF BEDROOMS ...........50
24 CFR 966: .57; 24 CFR 5: .100; .655;
PH Occ Gbk: s3.8; s4.7; 24 CFR 960: .206;
s17.6; s18.9; Ap5-308; HUD-50058: p5; p v; p10;
ACOP: 13F p x; p11; p xi; p13;
p xiii;
NOTIFY .........................................123 HUD-50058Instr: p20 (4);
24 CFR 5: .236; .350; .508; p42 (2); p43 (2); p44 (2);
.514 (2); .518 (3); .632; p46 (2); p47 (4); p49 (2);
.903 (2); .905 (2); p53 (2); p72; p75; p76;
24 CFR 945: .203(e); .203(f); PH Occ Gbk: s3.0; s5.0;
24 CFR 960: .204; .208; s6.9; s10.6; Ap3-262;
.253; .605; .607; Ap3-263; Ap3-269;
24 CFR 964: .315 (2); 7465.1 Hbk: s2-1; s5-1;
24 CFR 966: .4(c); .4(e); s6-1 (2);
.4(a); .4(L)(5) (2); ACOP: 5A; 11-I; GL-II (2);
PH Occ Gbk: s3.8; s3.10; GL-II
s6.6; s6.9; s9.3; s13.3;
s15.2; s16.2; s17.6 (6); NUMERATOR.................................11
s17.7; s17.8; Ap1-236; 24 CFR 5: .520 (7);
Ap2-245; Ap3-253; Ap3-257; 7465.7 Gbk: s11-2 (2); s11-3;
Ap3-258; Ap3-267; Ap3-268; s11-3
Ap4-292; Ap4-294 (2); NURSES.............................................3
Ap4-297 (2); PH Occ Gbk: s10.2 (2); s10.2
7465.1 Hbk: s2-1 (2); s2-3; NURSING ........................................18
s4-4 (2); 24 CFR 5: .318 (2); .801;
7465.7 Gbk: s5-1; s9-1 (2); PH Occ Gbk: s10.2 (2); s15.2;
s10-5 (2); s10-8; AppF (2); PIH Notices: 95-48 (4);
PIH Notices: 03-11 (2); 95-48 Tech Asst (4);
02-21 (5); 01-27 (3); ACOP: 6H (2); 11G; 11G
01-20 (5); 01-15 (4);
00-27 (5); 99-19; NURSING HOME .............................7
99-19-App1; 97-12 (2); PH Occ Gbk: s15.2;
95-48 (2); 94-67 (2); PIH Notices: 95-48;
ACOP: 3C; 3D; 4A; 4F (2); 95-48 Tech Asst;
4G; 4J; 6A (3); 9D (2); ACOP: 6H (2); 11G; 11G
.609 (3); .661; .801 (2); PH Occ Gbk: Int Pt2 (3);
.903; Int Pt4; Int Pt5; s3.0;
24 CFR 960: .203 (2); s6.0; s6.10 (2);
.205 (2); .225 (2); PIH Notices: 02-21; 01-20;
24 CFR 966: .6; 99-11
HUD-50058Instr: p22 (2); PROPERTY MANAGEMENT
p31 (2); p74 (2);
HUD-903: p1 (3); RESPONSIBILITIES ........................ 1
HUD-903-1: p2 (2); PH Occ Gbk: Int Pt4
PH Occ Gbk: Int Pt2 (3); PROPERTY MANAGEMENT STAFF
Int Pt4 (2); Int Pt5; ........................................................... 3
s1.1 (2); s1.2; s3.0; PH Occ Gbk: Int Pt2 (2); s6.10
s3.1; s3.8; s3.10 (4);
s3.11 (2); s4.2; s4.6 (4); PROPERTY MANAGER ................. 4
s4.10; s6.0; s6.10 (2); 24 CFR 964: .225;
s6.11 (2); s7.6; s7.7 (4); PH Occ Gbk: s6.11; Ap8-395;
s10.1 (6); s10.5 (3); ACOP: 9M
s10.6 (7); s11.1; s11.6; PROPERTY MANAGER'S .............. 1
s16.1; s16.2; s17.2 (2); PH Occ Gbk: s6.11
s17.6; s17.8; s19.2;
Ap1-233; Ap2-238 (2);
PROPERTY TAXES ......................... 6
24 CFR 5: .609;
Ap2-240; Ap2-242 (2);
HUD-50058Instr: p31;
Ap2-243 (2); Ap2-245;
PH Occ Gbk: s10.1; Ap3-280;
Ap3-250; Ap3-255;
ACOP: 7E; GL-I
Ap3-257 (2); Ap3-258;
Ap3-259 (3); Ap3-267 (3); PROPERTY-SPECIFIC .................... 1
Ap3-269; Ap3-278 (4); PH Occ Gbk: Ap4-299
Ap3-280; Ap4-287; Ap4-293; PROPORTION .................................. 7
Ap4-294 (5); Ap7-316 (2); 24 CFR 966: .4(a);
Ap8-332; Ap8-333 (2); PH Occ Gbk: s17.6; Ap4-294;
Ap8-353; Ap8-381; PIH Notices: 95-48 (2);
Ap8-385 (2); Ap8-386; 95-48 Tech Asst;
Ap8-395; 95-48 Tech Asst
7465.1 Hbk: s4-1 (2); s4-2;
7465.7 Gbk: s10-3;
PROPORTIONATE .......................... 1
PH Occ Gbk: Ap3-252
PIH Notices: 03-11 (3); 02-21;
01-20; 00-50; 99-31 (3); PROPOSED ACTION..................... 14
99-19 (13); 99-19-App1 (3); 24 CFR 5: .903; .905;
99-11 (8); 97-12 (2); 24 CFR 960: .204;
95-58; 95-48 (5); 24 CFR 966: .4(e); .4(L)(5);
95-48 Tech Asst (5); PH Occ Gbk: s17.6 (2);
94-67 (2); Ap4-292;
ACOP: 2E; 2F (3); 2G (4); PIH Notices: 03-11; 99-19;
4C; 4E; 6K; 7E (3); ACOP: PI-I (3); PI-I
7F (2); 7G; 8D; 9M; PROPOSED ACTIVITIES ................ 1
10 (4); GL-I (5); PIH Notices: 99-19-Ap3
GL-II (3); GL-II
PROPOSED HOUSEHOLD MEMBER
PROPERTY DAMAGE .................... 4
24 CFR 5: .100; ........................................................... 8
PH Occ Gbk: Ap2-245; 24 CFR 960: .205 (6);
PIH Notices: 94-67; PH Occ Gbk: s7.6;
ACOP: 2F PIH Notices: 03-11
PROPERTY DISPOSITION ............. 3 PROPOSED HOUSEHOLD
24 CFR 5: .801 (2); MEMBERS........................................ 1
7465.7 Gbk: s10-3 24 CFR 960: .205
PROPERTY LOSSES ....................... 6 PROPOSED RULE ........................... 8
24 CFR 5: .609; 24 CFR 5: .312;
HUD-50058Instr: p31; 7465.7 Gbk: s3-7 (4);
PH Occ Gbk: s10.1 (2); PIH Notices: 02-01; 01-05;
ACOP: 6K; 7E 97-12
PROPERTY MANAGEMENT ....... 14 PROPOSED RULES ......................... 7
24 CFR 964: .205; .225; 24 CFR 5: .353 (6); .353
p29 (3); p30 (7); p31; p39 (3); p40 (2); p41;
p32 (2); p33; p58; p43 (3); p44; p45; p48;
p60 (2); p62; p70; p73; p49 (2); p51 (2); p52;
p74; p54; p57; p60; p72;
HUD-903-1: p3; p75;
HUD-9886: p1 (3); p2; PH Occ Gbk: s1.2; s3.5;
PH Occ Gbk: s1.2; s2.1; s3.8; s6.7; s6.11 (3);
s3.1 (2); s3.4; s3.7 (3); s7.11; s8.1; s8.2;
s4.1; s4.6; s7.0 (2); s8.3 (2); s8.5; s10.1 (2);
s7.2; s7.7 (2); s7.9; s10.2 (2); s10.9 (5);
s7.11; s10.1 (28); s10.2; s13.5; s14.1; Ap1-232;
s10.3; s10.9 (6); s12.2; Ap2-243; Ap3-264; Ap3-274;
s12.5; s15.7; s18.5; Ap4-288; Ap8-331;
Ap1-236; Ap2-243; Ap2-245; 7465.1 Hbk: s4-2; s4-3;
Ap3-253; Ap3-260; Ap3-263; 7465.7 Gbk: s3-7; s9-1;
Ap3-270; Ap3-277; s10-6; ApB Q26; ApB Q31;
Ap3-278 (4); Ap3-279 (7); AppF (2);
Ap3-280 (3); Ap3-281 (7); PIH Notices: 03-11; 99-19 (2);
Ap4-293; Ap4-301; ACOP: 6C; 6J; 6Q; 7C;
Ap5-304 (2); Ap5-305 (3); 7E; 7H; 11D (2); GL-II;
Ap5-306; Ap6-310; Ap6-314; PI-A
Ap8-320; Ap8-322 (2); RECEIVING.................................. 224
Ap8-323; Ap8-325; 24 CFR 5: .100; .214 (5);
Ap8-333 (5); Ap8-343; .236; .500; .506;
Ap8-345; Ap8-347; Ap8-351; .508 (3); .512; .514;
Ap8-352; Ap8-365 (2); .516; .518; .520;
Ap8-368; .613 (2); .617 (2); .628;
7465.1 Hbk: s1-1; s4-2; .701 (2); .801 (2);
7465.7 Gbk: s3-8; s7-6; .903 (2);
s9-1; AppF; 24 CFR 945: .205(b);
PIH Notices: 03-17 (2); 03-11; 24 CFR 960: .255; .601;
02-21 (5); 02-01 (2); 24 CFR 964: .350; .425;
01-20 (7); 01-15 (7); HUD-50058: p x; p xi;
01-09; 00-52 (2); p xiii; p xiv; p16;
00-27 (10); 00-11 (2); HUD-50058Instr: p3; p7 (4);
99-52 (2); 99-19 (4); p9 (2); p10 (2); p13 (2);
97-12 (2); 95-48; p17 (2); p19; p28; p37;
95-48 Tech Asst; 94-67; p42 (3); p46 (3); p53 (3);
ACOP: 2F; 2G (2); 3B; 3D; p56 (2); p60; p70 (3);
4Intro; 6B; 6C (2); 6E; p71; p74; p75 (3);
6F; 6-I (2); 6J; 6K; PH Occ Gbk: s1.1; s3.6;
6M; 6Q; 7A (3); 7C (3); s3.10; s4.7; s6.3;
7E (20); 7G; 7H (3); 7K; s6.6 (2); s6.7; s7.4;
9-I; 10; 11D (2); 12C; s7.6 (2); s8.2; s10.1;
13F; 14B; GL-I (21); s10.2; s10.4; s10.9 (4);
GL-II (2); PI-A; PI-C s15.4; s18.7; Ap2-245 (2);
RECEIVERS ..................................... 2 Ap3-252; Ap3-256; Ap3-279;
PIH Notices: 95-48; Ap3-281; Ap4-294; Ap5-305;
95-48 Tech Asst Ap6-312; Ap8-328 (2);
RECEIVERSHIP ............................... 1 Ap8-329 (4); Ap8-330 (2);
PH Occ Gbk: s17.6 Ap8-352 (2); Ap8-376;
Ap8-381; Ap8-388; Ap8-389;
RECEIVES .................................... 110 7465.1 Hbk: s1-3 (4); s2-3;
24 CFR 5: .514; .518; .520; s3-4 (3); s4-3;
.603; .615; .903 (3); 7465.7 Gbk: CovLtr; s3-2;
24 CFR 960: .205 (2); s3-5; s3-7; s4-3; s5-1;
24 CFR 964: .150; s5-3; s5-4; s6-1 (4);
HUD-50058: p ii (2); p v; s7-3; s10-2; s10-4;
p6; p viii; p ix (2); s10-5; s10-7; s11-1;
p x (2); p xi; p xii (2); ApB Q11; ApB Q25 (2); AppC;
p xvi; AppD (2); AppF (6);
HUD-50058Instr: p16 (2); PIH Notices: 03-17; 03-11 (3);
p20 (7); p32; p33; p37; 02-01; 01-27; 01-20;
7465.7 Gbk: ApB Q5; ApB Q39; ACOP: 2F (3); 2G (4); 6C;
PIH Notices: 03-17 (2); 02-01; 12B (2); 12C; 13E;
99-52; GL-II (2); GL-II
ACOP: GL-II; GL-II SUBSTANCE ABUSE .................... 10
SUBSIDIZED CHILDCARE ............ 1 24 CFR 5: .603;
PH Occ Gbk: s10.9 HUD-50058Instr: p71;
SUBSIDIZED PROJECT .................. 1 HUD-903-1: p2;
ACOP: GL-II PH Occ Gbk: s7.6; s13.5;
s15.3; Ap6-309;
SUBSIDY ...................................... 167 ACOP: 2G; 6C; GL-II
24 CFR 5: .520 (7);
24 CFR 964: .150; SUBSTANCE ABUSERS ................. 1
HUD-50058: p5; p9 (2); PH Occ Gbk: s4.6
p ix (5); p10; p x (2); SUBSTANDARD............................ 29
p xi (2); p xii (2); 24 CFR 5: .518;
p xiii (2); p14 (2); HUD-50058Instr: p72;
p xiv (2); p17 (3); PH Occ Gbk: s3.6 (2); s5.5;
HUD-50058Instr: p13; p17; s7.7; Ap3-259; Ap8-391;
p39; p40 (11); p42; 7465.1 Hbk: s2-1; s5-4;
p43 (4); p44 (5); p47; s5-5 (3);
p48 (6); p51 (5); p54 (6); 7465.7 Gbk: s10-5;
p57 (6); p63 (3); p68 (6); PIH Notices: 01-05 (3);
p69 (11); p72; p74; ACOP: 2G; 4C (7); 4D;
p75 (2); 7K (2); 8D
PH Occ Gbk: Int (2); s7.0; SUBSTANDARD CONDITION ...... 1
s10.0; s10.3; s10.4 (3); PH Occ Gbk: Ap3-259
s10.9;
7465.1 Hbk: s5-3; s6-2; SUBSTANDARD CONDITIONS .... 2
7465.7 Gbk: s11-4 (10); PH Occ Gbk: s5.5; s7.7
s11-5 (10); AppH (3); SUBSTANDARD HOUSING......... 16
PIH Notices: 02-21; 01-15; HUD-50058Instr: p72;
01-09 (5); 00-50; PH Occ Gbk: s3.6 (2);
99-19 (2); 7465.1 Hbk: s2-1; s5-4;
ACOP: 2B; 6P (12); s5-5 (3);
GL-II (5); PI-Intro ACOP: 2G; 4C (4); 4D; 7K;
SUBSIDY STANDARDS ................. 5 7K
HUD-50058Instr: p47; p72; SUBSTANTIAL .............................. 65
p75; 24 CFR 5: .100; .528;
ACOP: GL-II; GL-II .801 (2); .902;
SUBSISTENCE ................................. 4 24 CFR 945: .203(d) (2);
HUD-50058Instr: p26; .203(f) (2);
PH Occ Gbk: Ap8-347; Ap8-348; PH Occ Gbk: s1.2 (2); s5.1;
ACOP: 6G s7.4; s10.9; s16.1;
Ap1-228; Ap1-232 (2);
SUBSISTENCE ALLOWANCE ...... 1 Ap2-245; Ap3-250; Ap3-251;
PH Occ Gbk: Ap8-347 Ap8-369 (4);
SUBSISTENCE ALLOWANCES .... 1 7465.1 Hbk: s3-4; s3-5;
HUD-50058Instr: p26 App3 (4);
SUBSTANCE .................................. 42 7465.7 Gbk: s3-7; s3-8;
24 CFR 5: .100; .603; .801; s10-3; ApB Q26;
24 CFR 964: .308; PIH Notices: 02-01 (5); 00-52;
HUD-50058Instr: p71; 00-11; 99-52 (5);
HUD-903-1: p2; 97-12 (4); 95-58;
PH Occ Gbk: s4.6; s4.10; 95-48 (6);
s7.6 (5); s13.5; s15.3; 95-48 Tech Asst (6);
s17.6 (2); Ap1-234; ACOP: 2F
Ap2-239; Ap4-293; Ap6-309; SUBSTANTIAL ADMINISTRATIVE
7465.1 Hbk: s4-2 (2); ........................................................... 1
PIH Notices: 95-48 (2); PH Occ Gbk: s1.2
95-48 Tech Asst (2);
SUBSTANTIAL IMPAIRMENT ..... 3
PH Occ Gbk: Ap1-232;
7465.7 Gbk: CovLtr (12); s1-5; PH Occ Gbk: s2.2; s4.1; s4.6;
s1-6 (5); s3-4 (2); s4.7 (2); s4.10; s6.4;
s3-7 (5); s4-3; s4-5 (2); s6.5; s6.6 (4); s6.7 (2);
s5-1 (7); s5-4; s6-1; s7.0 (6); s7.4 (2);
s6-4 (2); s7; s7-1 (3); s7.5 (2); s7.6 (2); s7.7;
s7-2 (9); s7-3 (10); s7.10 (3); s12.2 (5);
s7-4 (2); s7-6 (2); s13.2; s13.4; Ap3-254 (2);
s7-8 (2); s7-9 (2); Ap3-257; Ap8-318; Ap8-368;
s8-2 (2); s8-3 (2); s8-4; Ap8-370; Ap8-387; Ap8-389;
s9-1 (3); s12-1 (3); s12-2; PIH Notices: 01-15;
ApB Q10; ApB Q17; ApB Q18; ACOP: 2G; 7A (4); 7H; 11B;
ApB Q20; ApB Q22; 11B
ApB Q23 (2); ApB Q26; VERIFIED ......................................132
ApB Q30; ApB Q35; AppC (3); 24 CFR 5: .216; .236 (3);
AppD (3); AppF (9); HUD-50058Instr: p15; p18;
PIH Notices: 02-01; PH Occ Gbk: Int Pt2; s3.6;
01-15 (27); 00-11 (2); s3.7; s4.3; s4.8 (2);
00-11A (10); 99-52; s4.10; s6.6; s7.0; s7.1;
ACOP: 1E (4); 2A; 2B (3); s7.3; s7.6; s7.7; s7.9;
2C (2); 2F (2); 2G (5); s7.10 (5); s8.5; s10.1;
3A; 3D (5); 3E; 3F (2); s10.9; s11.1; s12.2 (3);
4Intro; 4C (2); 4F (2); s13.1 (7); s13.3 (3);
5D; 6A (2); 6F; 6-I; s13.5 (2); s14.5; s15.5;
6J (2); 6Q (2); 7; s17.6; Ap3-254 (2);
7Intro (3); 7A (21); 7B; Ap3-261 (2); Ap3-265;
7C (2); 7E (20); 7F (3); Ap3-266; Ap3-269 (2);
7G (4); 7H (4); 7-I (31); Ap3-272 (2); Ap3-273;
7J; 7K (11); 9M (2); Ap3-275; Ap3-276; Ap4-290;
11B (4); 11C (2); 11D (2); Ap4-293; Ap8-322; Ap8-327;
11F; 11G (6); 14B; Ap8-328; Ap8-329; Ap8-330;
PI-A (2); PI-E (2); PI-I Ap8-331; Ap8-332; Ap8-334;
VERIFICATION FORM..................25 Ap8-335; Ap8-336;
PH Occ Gbk: s4.6 (5); s4.7; Ap8-337 (2); Ap8-341;
s7.0; s7.4; s7.6; Ap8-357; Ap8-360;
s7.7 (6); s10.1; Ap6-312; 7465.7 Gbk: s6-4; s8-3;
Ap8-351; Ap8-369; Ap8-378; ApB Q25; AppF;
Ap8-395; PIH Notices: 02-01; 01-27;
ACOP: 7E (3); 7E 01-15 (2); 99-52;
VERIFICATION FORMAT ..............1 ACOP: 1E (2); 2A; 2G (3);
ACOP: 7-I 3B (2); 3D (6); 3E; 4C;
4F; 5B (4); 6N; 6S (2);
VERIFICATION FORMS ...............16 7Intro; 7A; 7C; 7D;
PH Occ Gbk: Int; Int Ap; 7E (2); 7F; 7H; 7-I (5);
s4.3; s4.7; s6.3; s7.0; 8A; 8C; 8D; 8H;
s7.9; s7.10; Ap8-318 (2); 11B (2); 11C; 11G; PI-I
PIH Notices: 01-15;
ACOP: 3D; 7E (2); 7F; 7G VERIFIER ........................................55
7465.7 Gbk: AppG (54); AppG
VERIFICATION NUMBER ..............2
PH Occ Gbk: s7.3; VERIFIES ........................................10
7465.7 Gbk: s7-2 24 CFR 5: .512;
PH Occ Gbk: s7.3; s7.6;
VERIFICATION REQUEST FORM.2 s8.5; Ap3-265;
24 CFR 5: .512; .514 7465.1 Hbk: s5-7 (2);
VERIFICATION REQUEST FORMS1 PIH Notices: 01-15;
PH Occ Gbk: s7.0 ACOP: 4S; 7-I
VERIFICATION SOURCE ...............2 VERIFY .........................................175
PH Occ Gbk: s1.2; s7.0 24 CFR 5: .210 (2); .216 (10);
VERIFICATION SOURCES .............6 .218; .230 (2); .236;
PH Occ Gbk: s7.0; s7.5 (3); .240; .512; .514;
s7.7; s7.9 24 CFR 960: .206; .605;
HUD-50058: p i;
VERIFICATIONS ............................54 HUD-50058Instr: p2; p15;
p16;