cfr_sections
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109 rows where part_number = 5 and title_number = 24 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:1.1.1.1.5.1.13.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.100 Definitions. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000; 66 FR 28791, May 24, 2001; 77 FR 5674, Feb. 3, 2012; 81 FR 64782, Sept. 21, 2016; 81 FR 90657, Dec. 14, 2016; 81 FR 92635, Dec. 20, 2016; 88 FR 9654, Feb. 14, 2023; 89 FR 38289, May 7, 2024; 90 FR 56686, Dec. 8, 2025] | The following definitions apply to this part and also in other regulations, as noted: 1937 Act means the United States Housing Act of 1937 (42 U.S.C. 1437 et seq. ) ADA means the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ). ALJ means an administrative law judge appointed to HUD pursuant to 5 U.S.C. 3105 or detailed to HUD pursuant to 5 U.S.C. 3344. Broadband infrastructure means cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that is capable of providing access to Internet connections in individual housing units, and that meets the definition of “advanced telecommunications capability” determined by the Federal Communications Commission under section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). Covered person, for purposes of 24 CFR 5, subpart I, and parts 966 and 982, means a tenant, any member of the tenant's household, a guest or another person under the tenant's control. Department means the Department of Housing and Urban Development. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Earned income means income or earnings from wages, tips, salaries, other employee compensation, and net income from self-employment. Earned income does not include any pension or annuity, transfer payments (meaning payments made or income received in which no goods or services are being paid for, such as welfare, social security, and governmental subsidies for certain benefits), or any cash or in-kind benefits. Elderly Person means an individual who is at least 62 years of age. Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq. ). Fair Market Rent (F… | |||||
| 24:24:1.1.1.1.5.1.13.10 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | §§ 5.152-5.180 [Reserved] | HUD | |||||||
| 24:24:1.1.1.1.5.1.13.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.105 Other Federal requirements. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. 29, 2000; 72 FR 73491, Dec. 27, 2007; 76 FR 45167, July 28, 2011; 77 FR 5674, Feb. 3, 2012; 81 FR 64782, Sept. 21, 2016; 81 FR 80993, Nov. 17, 2016; 85 FR 61562, Sept. 29, 2020] | The requirements set forth in this section apply to all HUD programs, except as may be otherwise noted in the respective program regulations in title 24 of the CFR, or unless inconsistent with statutes authorizing certain HUD programs: (a) Nondiscrimination and equal opportunity. (1) The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 24 CFR part 8; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise). (2) Equal access to HUD-assisted or -insured housing. A determination of eligibility for housing that is assisted by HUD or subject to a mortgage insured by HUD shall be made in accordance with the eligibility requirements… | |||||
| 24:24:1.1.1.1.5.1.13.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs. | HUD | [81 FR 64782, Sept. 21, 2016] | (a) Applicability. This section applies to assistance provided under Community Planning and Development (CPD) programs, including assistance under the following CPD programs: HOME Investment Partnerships program (24 CFR part 92), Housing Trust Fund program (24 CFR part 93), Community Development Block Grant program (24 CFR part 570), Housing Opportunities for Persons With AIDS program (24 CFR part 574), Emergency Solutions Grants program (24 CFR part 576), Continuum of Care program (24 CFR part 578), or Rural Housing Stability Assistance Program (24 CFR part 579). The requirements of this section apply to recipients and subrecipients, as well as to owners, operators, and managers of shelters and other buildings and facilities and providers of services funded in whole or in part by any CPD program. (b) Equal access in accordance with gender identity. The admissions, occupancy, and operating policies and procedures of recipients, subrecipients, owners, operators, managers, and providers identified in paragraph (a) of this section, including policies and procedures to protect privacy, health, safety, and security, shall be established or amended, as necessary, and administered in a nondiscriminatory manner to ensure that: (1) Equal access to CPD programs, shelters, other buildings and facilities, benefits, services, and accommodations is provided to an individual in accordance with the individual's gender identity, and in a manner that affords equal access to the individual's family; (2) An individual is placed, served, and accommodated in accordance with the gender identity of the individual; (3) An individual is not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual's gender identity; and (4) Eligibility determinations are made and assisted housing is made available in CPD programs as required by § 5.105(a)(2). (c) Placement and accommodation in temporary, emergency shelters and other buildings and facilities with… | |||||
| 24:24:1.1.1.1.5.1.13.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.107 Audit requirements for non-profit organizations. | HUD | [62 FR 61617, Nov. 18, 1997, as amended at 80 FR 75934, Dec. 7, 2015] | Non-profit organizations subject to regulations in the part 200 and part 800 series of title 24 of the CFR shall comply with the audit requirements of 2 CFR part 200, subpart F. For HUD programs, a non-profit organization is the mortgagor or owner (as these terms are defined in the regulations in the part 200 and part 800 series) and not a related or affiliated organization or entity. | |||||
| 24:24:1.1.1.1.5.1.13.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.109 Equal participation of faith-based organizations in HUD programs and activities. | HUD | [69 FR 41717, July 9, 2004, as amended at 80 FR 75934, Dec. 7, 2015; 81 FR 19416, Apr. 4, 2016; 85 FR 82315, Dec. 17, 2020; 89 FR 15711, Mar. 4, 2024] | (a) Purpose. Consistent with Executive Order 13279, entitled “Equal Protection of the Laws for Faith-Based and Community Organizations,” as amended by Executive Order 13559, entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations,” and as amended by Executive Order 14015, entitled “Establishment of the White House Office of Faith-Based and Neighborhood Partnerships,” this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD's Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. (b) Definitions. The following definitions apply to this section: Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider ( i.e., via a contract) or awards funds to that provider to carry out an activity ( e.g., via grant, sub-grant, sub-award, or cooperative agreement). The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs ( e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance. Federal financial assistance means assistance that non-Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption. Indirect Federal financial assistanc… | |||||
| 24:24:1.1.1.1.5.1.13.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.110 Waivers. | HUD | Upon determination of good cause, the Secretary may, subject to statutory limitations, waive any provision of this title and delegate this authority in accordance with section 106 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3535(q)). | ||||||
| 24:24:1.1.1.1.5.1.13.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.111 Housing counseling. | HUD | [81 FR 90657, Dec. 14, 2016] | (a) Any housing counseling, including homeownership counseling or rental housing counseling, as defined in § 5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x. (b) For purposes of this section, required under or provided in connection with any program administered by HUD means: (1) Housing counseling required by statute, regulation, Notice of Funding Availability (NOFA), or otherwise required by HUD; (2) Housing counseling that is funded under a HUD program; (3) Housing counseling that is required by a grantee or subgrantee of a HUD program as a condition of receiving assistance under the HUD program; or (4) Housing counseling to which a family assisted under a HUD program is referred, by a grantee or subgrantee of the HUD program. | |||||
| 24:24:1.1.1.1.5.1.13.8 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.150 Affirmatively Furthering Fair Housing: Definitions. | HUD | [90 FR 11023, Mar. 3, 2025] | (a) The phrase “fair housing” in 42 U.S.C. 5304(b)(2), 5306(d)(7)(B), 12705(b)(15), and 1437c-1(d)(16) means housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible as required under civil rights laws. (b) The phrase “affirmatively further” in 42 U.S.C. 5304(b)(2), 5306(d)(7)(B), 12705(b)(15), and 1437c-1(d)(16) means to take any action rationally related to promoting any attribute or attributes of fair housing as defined in the preceding subsection. | |||||
| 24:24:1.1.1.1.5.1.13.9 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | A | Subpart A—Generally Applicable Definitions and Requirements; Waivers | § 5.151 Affirmatively Furthering Fair Housing: AFFH Certifications. | HUD | [90 FR 11023, Mar. 3, 2025] | A HUD program participant's certification that it will affirmatively further fair housing is sufficient if the participant takes, in the relevant period, any action that is rationally related to promoting one or more attributes of fair housing as defined in section 5.150(a). Nothing in this paragraph relieves jurisdictions of their other obligations under civil rights and fair housing statutes and regulations. | |||||
| 24:24:1.1.1.1.5.10.25.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | J | Subpart J—Access to Criminal Records and Information | § 5.901 To what criminal records and searches does this subpart apply? | HUD | (a) General criminal records searches. This subpart applies to criminal conviction background checks by PHAs that administer the Section 8 and public housing programs when they obtain criminal conviction records, under the authority of section 6(q) of the 1937 Act (42 U.S.C. 1437d(q)), from a law enforcement agency to prevent admission of criminals to public housing and Section 8 housing and to assist in lease enforcement and eviction. (b) Sex offender registration records searches. This subpart applies to PHAs that administer the Section 8 and public housing programs when they obtain sex offender registration information from State and local agencies, under the authority of 42 U.S.C. 13663, to prevent admission of dangerous sex offenders to federally assisted housing. (c) Excluded records searches. The provisions of this subpart do not apply to criminal conviction information or sex offender information searches by a PHA or others of information from law enforcement agencies or other sources other than as provided under this subpart. | ||||||
| 24:24:1.1.1.1.5.10.25.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | J | Subpart J—Access to Criminal Records and Information | § 5.902 Definitions. | HUD | [66 FR 28794, May 24, 2001, as amended at 89 FR 38290, May 7, 2024] | (a) Terms found elsewhere. The following terms used in this subpart are defined in subpart A of this part: 1937 Act, drug, federally assisted housing, household, HUD, public housing, public housing agency (PHA), Section 8. (b) Additional terms used in this subpart are as follows: Adult. A person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law. Covered housing. Public housing, project-based assistance under section 8 (including new construction and substantial rehabilitation projects), and tenant-based assistance under section 8. Law enforcement agency. The National Crime Information Center (NCIC), police departments and other law enforcement agencies that hold criminal conviction records. Owner. The owner of federally assisted housing. Responsible entity. For the public housing program, the Section 8 tenant-based assistance program (part 982 of this title), the Section 8 project-based voucher program (part 983 of this title), and the Section 8 moderate rehabilitation program (part 882 of this title), responsible entity means the PHA administering the program under an Annual Contributions Contract with HUD. For all other Section 8 programs, responsible entity means the Section 8 owner. | |||||
| 24:24:1.1.1.1.5.10.25.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | J | Subpart J—Access to Criminal Records and Information | § 5.903 What special authority is there to obtain access to criminal records? | HUD | [66 FR 28794, May 24, 2001, as amended at 89 FR 38290, May 7, 2024] | (a) Authority. If you are a PHA that administers the Section 8 program and/or the public housing program, this section authorizes you to obtain criminal conviction records from a law enforcement agency, as defined in § 5.902. You may use the criminal conviction records that you obtain from a law enforcement agency under the authority of this section to screen applicants for admission to covered housing programs and for lease enforcement or eviction of families residing in public housing or receiving Section 8 project-based assistance. (b) Consent for release of criminal conviction records. (1) In order to obtain access to records under this section, as a responsible entity you must require every applicant family to submit a consent form signed by each adult household member. (2) By execution of the consent form, an adult household member consents that: (i) Any law enforcement agency may release criminal conviction records concerning the household member to a PHA in accordance with this section; (ii) The PHA may receive the criminal conviction records from a law enforcement agency, and may use the records in accordance with this section. (c) Procedure for PHA. (1) When the law enforcement agency receives your request, the law enforcement agency must promptly release to you a certified copy of any criminal conviction records concerning the household member in the possession or control of the law enforcement agency. NCIC records must be provided in accordance with NCIC procedures. (2) The law enforcement agency may charge you a reasonable fee for releasing criminal conviction records. (d) Owner access to criminal records —(1) General. (i) If an owner submits a request to the PHA for criminal records concerning an adult member of an applicant or resident household, in accordance with the provisions of paragraph (d) of this section, the PHA must request the criminal conviction records from the appropriate law enforcement agency or agencies, as determined by the PHA. (ii) If the PHA receives criminal c… | |||||
| 24:24:1.1.1.1.5.10.25.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | J | Subpart J—Access to Criminal Records and Information | § 5.905 What special authority is there to obtain access to sex offender registration information? | HUD | (a) PHA obligation to obtain sex offender registration information. (1) A PHA that administers a Section 8 or public housing program under an Annual Contributions Contract with HUD must carry out background checks necessary to determine whether a member of a household applying for admission to any federally assisted housing program is subject to a lifetime sex offender registration requirement under a State sex offender registration program. This check must be carried out with respect to the State in which the housing is located and with respect to States where members of the applicant household are known to have resided. (2) If the PHA requests such information from any State or local agency responsible for the collection or maintenance of such information, the State or local agency must promptly provide the PHA such information in its possession or control. (3) The State or local agency may charge a reasonable fee for providing the information. (b) Owner's request for sex offender registration information —(1) General. An owner of federally assisted housing that is located in the jurisdiction of a PHA that administers a Section 8 or public housing program under an Annual Contributions Contract with HUD may request that the PHA obtain information necessary to determine whether a household member is subject to a lifetime registration requirement under a State sex offender registration requirement. (2) Procedure. If the request is made in accordance with the provisions of paragraph (b) of this section: (i) The PHA must request the information from a State or local agency; (ii) The State or local agency must promptly provide the PHA such information in its possession or control; (iii) The PHA must determine whether such information may be a basis for applicant screening, lease enforcement or eviction, based on the criteria used by the owner as specified in the owner's request, and inform the owner of the determination. (iv) The PHA must notify the owner of its determination whether sex offender regis… | ||||||
| 24:24:1.1.1.1.5.11.25.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | K | Subpart K—Application, Registration, and Submission Requirements | § 5.1001 Applicability. | HUD | This subpart applies to all applicants for HUD grants, cooperative agreements, capital fund or operating fund subsidy, capital advance, or other assistance under HUD programs, including grant programs that are classified by OMB as including formula grant programs or activities, but excluding FHA insurance and loan guarantees that are not associated with a grant program or grant award. | ||||||
| 24:24:1.1.1.1.5.11.25.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | K | Subpart K—Application, Registration, and Submission Requirements | § 5.1003 Use of a universal identifier for organizations applying for HUD grants. | HUD | [69 FR 15673, Mar. 26, 2004, as amended at 80 FR 75934, Dec. 7, 2015] | (a) Every application for a new or renewal of a grant, cooperative agreement, capital fund or operating fund subsidy, capital advance, or other assistance, including an application or plan under a grant program that is classified by OMB as including formula grant programs, must include a unique entity identifier number for the applicant. (b)(1) Applicants or groups of applicants under a consortium arrangement must have a unique entity identifier for the organization that is submitting the application for federal assistance as the lead applicant on behalf of the other applicants. If each organization is submitting a separate application as part of a group of applications, then each organization must include its unique entity identifier with its application submission. (2) If an organization is submitting an application as a sponsor or on behalf of other applicants, and the other entities will be receiving funds directly from HUD, then the applicant or sponsor must submit an application for funding that includes the unique entity identifier of each applicant that would receive funds directly from HUD. (3) If an organization is managing funds for a group of organizations, a unique entity identifier must be submitted for the managing organization, if it is drawing down funds directly from HUD. (4) If an organization is drawing down funds directly from HUD and subsequently turning the funds over to a management organization, then the management organization must obtain a unique entity identifier and submit the number to HUD. (c) Individuals who would personally receive a grant or other assistance from HUD, independent from any business or nonprofit organization with which they may operate or participate, are exempt from this requirement. (d) In cases where individuals apply for funding, but the funding will be awarded to an institution or other entity on the individual's behalf, the institution or entity must obtain a unique entity identifier and the individual must submit the institution's unique entity identif… | |||||
| 24:24:1.1.1.1.5.11.25.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | K | Subpart K—Application, Registration, and Submission Requirements | § 5.1004 System of award management. | HUD | [75 FR 41089, July 15, 2010, as amended at 80 FR 75934, Dec. 7, 2015] | Applicants for HUD financial assistance that are subject to this subpart are required to register with the System of Award Management (SAM) and have an active registration in SAM in accordance with 2 CFR part 25, appendix A in order for HUD to obligate funds and for an awardee to receive an award of funds from HUD. | |||||
| 24:24:1.1.1.1.5.11.25.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | K | Subpart K—Application, Registration, and Submission Requirements | § 5.1005 Electronic submission of applications for grants and other financial assistance. | HUD | [70 FR 77294, Dec. 29, 2005] | Applicants described under 24 CFR 5.1001 are required to submit electronic applications or plans for grants and other financial assistance in response to any application that HUD has placed on the www.grants.gov/Apply Web site or its successor. The HUD Assistant Secretary, General Deputy Assistant Secretary or, the individual authorized to perform duties and responsibilities of these positions, with authority over the specific program for which the waiver is sought, may in writing, waive the electronic submission requirement for an applicant on the basis of good cause. | |||||
| 24:24:1.1.1.1.5.12.25.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2001 Applicability. | HUD | (a) This subpart addresses the protections for victims of domestic violence, dating violence, sexual assault, or stalking who are applying for, or are the beneficiaries of, assistance under a HUD program covered by the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq. ) (“covered housing program,” as defined in § 5.2003). Notwithstanding the title of the statute, protections are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Consistent with the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a), victims cannot be discriminated against on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD programs must also be operated consistently with HUD's Equal Access Rule at § 5.105(a)(2), which requires that HUD-assisted and HUD-insured housing are made available to all otherwise eligible individuals and families regardless of actual or perceived sexual orientation, gender identity, or marital status. (b)(1) The applicable assistance provided under a covered housing program generally consists of two types of assistance (one or both may be provided): Tenant-based rental assistance, which is rental assistance that is provided to the tenant; and project-based assistance, which is assistance that attaches to the unit in which the tenant resides. For project-based assistance, the assistance may consist of such assistance as operating assistance, development assistance, and mortgage interest rate subsidy. (2) The regulations in this subpart are supplemented by the specific regulations for the HUD-covered housing programs listed in § 5.2003. The program-specific regulations address how certain VAWA requirements are to be implemented and whether they can be implemented (for example, reasonable time to establish eligibility for assistance as provided in § 5.2009(b)… | ||||||
| 24:24:1.1.1.1.5.12.25.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2003 Definitions. | HUD | The definitions of PHA, HUD, household, and other person under the tenant's control are defined in subpart A of this part. As used in this subpart L: Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: The duration of the risk, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the length of time before the potential harm would occur. Affiliated individual, with respect to an individual, means: (1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or (2) Any individual, tenant, or lawful occupant living in the household of that individual. Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD-covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants. Covered housing program consists of the following HUD programs: (1) Section 202 Supportive Housing for the Elderly (12 U.S.C. 1701q), with implementing regulations at 24 CFR part 891. (2) Section 811 Supportive Housing for Persons with Disabilities (42 U.S.C. 8013), with implementing regulations at 24 CFR part 891. (3) Housing Opportunities for Persons With AIDS (HOPWA) program (42 U.S.C. 12901 et seq. ), with implementing regulations at 24 CFR part 574. (4) HOME Investment Partnerships (HOME) program … | ||||||
| 24:24:1.1.1.1.5.12.25.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2005 VAWA protections. | HUD | (a) Notification of occupancy rights under VAWA, and certification form. (1) A covered housing provider must provide to each of its applicants and to each of its tenants the notice of occupancy rights and the certification form as described in this section: (i) A “Notice of Occupancy Rights under the Violence Against Women Act,” as prescribed and in accordance with directions provided by HUD, that explains the VAWA protections under this subpart, including the right to confidentiality, and any limitations on those protections; and (ii) A certification form, in a form approved by HUD, to be completed by the victim to document an incident of domestic violence, dating violence, sexual assault or stalking, and that: (A) States that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking; (B) States that the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection under this subpart meets the applicable definition for such incident under § 5.2003; and (C) Includes the name of the individual who committed the domestic violence, dating violence, sexual assault, or stalking, if the name is known and safe to provide. (2) The notice required by paragraph (a)(1)(i) of this section and certification form required by paragraph (a)(1)(ii) of this section must be provided to an applicant or tenant no later than at each of the following times: (i) At the time the applicant is denied assistance or admission under a covered housing program; (ii) At the time the individual is provided assistance or admission under the covered housing program; (iii) With any notification of eviction or notification of termination of assistance; and (iv) During the 12-month period following December 16, 2016, either during the annual recertification or lease renewal process, whichever is applicable, or, if there will be no recertification or lease renewal for a tenant during the first year after the rule takes effect, through other means.… | ||||||
| 24:24:1.1.1.1.5.12.25.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2007 Documenting the occurrence of domestic violence, dating violence, sexual assault, or stalking. | HUD | (a) Request for documentation. (1) Under a covered housing program, if an applicant or tenant represents to the covered housing provider that the individual is a victim of domestic violence, dating violence, sexual assault, or stalking entitled to the protections under § 5.2005, or remedies under § 5.2009, the covered housing provider may request, in writing, that the applicant or tenant submit to the covered housing provider the documentation specified in paragraph (b)(1) of this section. (2)(i) If an applicant or tenant does not provide the documentation requested under paragraph (a)(1) of this section within 14 business days after the date that the tenant receives a request in writing for such documentation from the covered housing provider, nothing in § 5.2005 or § 5.2009, which addresses the protections of VAWA, may be construed to limit the authority of the covered housing provider to: (A) Deny admission by the applicant or tenant to the covered housing program; (B) Deny assistance under the covered housing program to the applicant or tenant; (C) Terminate the participation of the tenant in the covered housing program; or (D) Evict the tenant, or a lawful occupant that commits a violation of a lease. (ii) A covered housing provider may, at its discretion, extend the 14-business-day deadline under paragraph (a)(2)(i) of this section. (b) Permissible documentation and submission requirements. (1) In response to a written request to the applicant or tenant from the covered housing provider, as provided in paragraph (a) of this section, the applicant or tenant may submit, as documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking, any one of the following forms of documentation, where it is at the discretion of the tenant or applicant which one of the following forms of documentation to submit: (i) The certification form described in § 5.2005(a)(1)(ii); or (ii) A document: (A) Signed by an employee, agent, or volunteer of a victim service provider, an att… | ||||||
| 24:24:1.1.1.1.5.12.25.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2009 Remedies available to victims of domestic violence, dating violence, sexual assault, or stalking. | HUD | (a) Lease bifurcation. (1) A covered housing provider may in accordance with paragraph (a)(2) of this section, bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual: (i) Without regard to whether the household member is a signatory to the lease; and (ii) Without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. (2) A lease bifurcation, as provided in paragraph (a)(1) of this section, shall be carried out in accordance with any requirements or procedures as may be prescribed by Federal, State, or local law for termination of assistance or leases and in accordance with any requirements under the relevant covered housing program. (b) Reasonable time to establish eligibility for assistance or find alternative housing following bifurcation of a lease —(1) Applicability. The reasonable time to establish eligibility under a covered housing program or find alternative housing is specified in paragraph (b) of this section, or alternatively in the program-specific regulations governing the applicable covered housing program. Some covered housing programs may provide different time frames than are specified in this paragraph (b), and in such cases, the program-specific regulations govern. (2) Reasonable time to establish eligibility assistance or find alternative housing. (i) If a covered housing provider exercises the option to bifurcate a lease as provided in paragraph (a) of this section, and the individual who was evicted or for whom assistance was terminated was the eligible tenant under the covered housing program, the covered housing provider shall provide to any remaining tenant or tenants that were not already eligible a period of 90 calenda… | ||||||
| 24:24:1.1.1.1.5.12.25.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | L | Subpart L—Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking | § 5.2011 Effect on other laws. | HUD | (a) Nothing in this subpart shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking. (b) All applicable fair housing and civil rights statutes and requirements apply in the implementation of VAWA requirements. See § 5.105(a). | ||||||
| 24:24:1.1.1.1.5.13.25.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | M | Subpart M—Core Based Statistical Areas | § 5.3001 Automatic propagation of OMB's Core Based Statistical Area Standards. | HUD | [89 FR 96901, Dec. 6, 2024] | When using Core Based Statistical Areas (CBSAs), HUD shall use the 2020 CBSA standards adopted by the Office of Management and Budget and published in the Federal Register on July 16, 2021, as well as any subsequent updates to the CBSA delineations based on these standards made by the Office of Management and Budget. Purposes and programs that use the CBSA standards include, but are not limited to: (a) The Community Development Block Grant Program (24 CFR part 570); (b) The Community Development Block Grant Disaster Recovery funds (applicable appropriations and Federal Register notices); (c) The Housing Opportunities for Persons with AIDS Program (24 CFR part 574); (d) The HOME Investment Partnerships Program (24 CFR part 92); (e) The Continuum of Care Program (24 CFR part 578); (f) The Emergency Solutions Grants Program (24 CFR part 576); (g) The FHA Title II Program (National Housing Act of 1934 Title II); (h) The Choice Neighborhoods Initiative Program (42 U.S.C. 1437v, as applied by the applicable annual appropriations act(s); 24 CFR 905.602(d)); (i) The Housing Trust Fund Program (24 CFR part 93); and (j) The calculation of: Fair Market Rents (24 CFR part 888); HUD Area Median Family Income (this part); Income Limits (this part); Difficult Development Areas; and Qualified Census Tracts. | |||||
| 24:24:1.1.1.1.5.2.14.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.210 Purpose, applicability, and Federal preemption. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 65 FR 16715, Mar. 29, 2000; 88 FR 9655, Feb. 14, 2023] | (a) Purpose. This subpart B requires applicants for and participants in covered HUD programs to disclose, and submit documentation to verify, their Social Security Numbers (SSNs). This subpart B also enables HUD and PHAs to obtain income information about applicants and participants in the covered programs through computer matches with State Wage Information Collection Agencies (SWICAs) and Federal agencies, and from financial institutions and employers, in order to verify an applicant's or participant's eligibility for or level of assistance. The purpose of this subpart B is to enable HUD to decrease the incidence of fraud, waste, and abuse in the covered programs. (b) Applicability. (1) This subpart B applies to mortgage and loan insurance and coinsurance and housing assistance programs contained in chapter II, subchapter B, and chapters VIII and IX of this title. (2) The information covered by consent forms described in this subpart involves income information from SWICAs, wages, income, and resource information from financial institutions, net earnings from self-employment, payments of retirement income, and unearned income as referenced at 26 U.S.C. 6103. In addition, consent forms may authorize the collection of other information from applicants and participants to determine eligibility or level of benefits. (c) Federal preemption. This subpart B preempts any State law, including restrictions and penalties, that governs the collection and use of income information to the extent State law is inconsistent with this subpart. | |||||
| 24:24:1.1.1.1.5.2.14.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.212 Compliance with the Privacy Act and other requirements. | HUD | (a) Compliance with the Privacy Act. The collection, maintenance, use, and dissemination of SSNs, EINs, any information derived from SSNs and Employer Identification Numbers (EINs), and income information under this subpart shall be conducted, to the extent applicable, in compliance with the Privacy Act (5 U.S.C. 552a) and all other provisions of Federal, State, and local law. (b) Privacy Act notice. All assistance applicants shall be provided with a Privacy Act notice at the time of application. All participants shall be provided with a Privacy Act notice at each annual income recertification. | ||||||
| 24:24:1.1.1.1.5.2.14.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.214 Definitions. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000] | In addition to the definitions in § 5.100, the following definitions apply to this subpart B: Assistance applicant. Except as excluded pursuant to 42 U.S.C. 3543(b) and 3544(a)(2), this term means the following: (1) For any program under 24 CFR parts 215, 221, 236, 290, or 891, or any program under Section 8 of the 1937 Act: A family or individual that seeks rental assistance under the program. (2) For the public housing program: A family or individual that seeks admission to the program. (3) For any program under 24 CFR part 235: A homeowner or cooperative member seeking homeownership assistance (including where the individual seeks to assume an existing mortgage). Computer match means the automated comparison of data bases containing records about individuals. Computer matching agreement means the agreement that describes the responsibilities and obligations of the parties participating in a computer match. Consent form means any consent form approved by HUD to be signed by assistance applicants and participants for the purpose of obtaining income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and payments of retirement income), as referenced at 26 U.S.C. 6103(l)(7)(A); and return information for unearned income from the Internal Revenue Service, as referenced at 26 U.S.C. 6103(l)(7)(B). The consent forms expire after a certain time and may authorize the collection of other information from assistance applicants or participants to determine eligibility or level of benefits as provided in §§ 813.109, 913.109, and 950.315 of this title. Employer Identification Number (EIN) means the nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation pursuant to sections 6011(b), or corresponding provisions of prior law, or 6109 of the Internal Revenue Code. Entity applicant. (1) Except as excluded pursuant to 42 U.S.C. 3543(b)… | |||||
| 24:24:1.1.1.1.5.2.14.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.216 Disclosure and verification of Social Security and Employer Identification Numbers. | HUD | [74 FR 68932, Dec. 29, 2009, as amended at 81 FR 12369, Mar. 8, 2016] | (a) General. The requirements of this section apply to applicants and participants as described in this section, except that this section is inapplicable to individuals who do not contend eligible immigration status under subpart E of this part (see § 5.508). (b) Disclosure required of assistance applicants. Each assistance applicant must submit the following information to the processing entity when the assistance applicant's eligibility under the program involved is being determined. (1) The complete and accurate SSN assigned to the assistance applicant and to each member of the assistance applicant's household; and (2) The documentation referred to in paragraph (g)(1) of this section to verify each such SSN. (c) Disclosure required of individual owner applicants. Each individual owner applicant must submit the following information to the processing entity when the individual owner applicant's eligibility under the program involved is being determined: (1) The complete and accurate SSN assigned to the individual owner applicant and to each member of the individual owner applicant's household who will be obligated to pay the debt evidenced by the mortgage or loan documents; and (2) The documentation referred to in paragraph (g)(1) of this section to verify each such SSN. (d) Disclosure required of certain officials of entity applicants. Each officer, director, principal stockholder, or other official of an entity applicant must submit the following information to the processing entity when the entity applicant's eligibility under the program involved is being determined: (1) The complete and accurate SSN assigned to each such individual; and (2) The documentation referred to in paragraph (g)(1) of this section to verify each SSN. (e) Disclosure required of participants —(1) Initial disclosure. (i) Each participant, except those age 62 or older as of January 31, 2010, whose initial determination of eligibility was begun before January 31, 2010, must submit the information described in paragr… | |||||
| 24:24:1.1.1.1.5.2.14.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.218 Penalties for failing to disclose and verify Social Security and Employer Identification Numbers. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 74 FR 4840, Jan. 27, 2009; 74 FR 68933, Dec. 29, 2009] | (a) Denial of eligibility of assistance applicants and individual owner applicants. The processing entity must deny the eligibility of an assistance applicant or individual owner applicant in accordance with the provisions governing the program involved, if the assistance or individual owner applicant does not meet the applicable SSN disclosure, documentation, and verification requirements as specified in § 5.216. (b) Denial of eligibility of entity applicants. The processing entity must deny the eligibility of an entity applicant in accordance with the provisions governing the program involved; if: (1) The entity applicant does not meet the EIN disclosure, documentation, and verification requirements specified in § 5.216; or (2) Any of the officials of the entity applicant referred to in § 5.216(d) does not meet the applicable SSN disclosure, and documentation and verification requirements specified in § 5.216. (c) Termination of assistance or termination of tenancy of participants. (1) The processing entity must terminate the assistance or terminate the tenancy, or both, of a participant and the participant's household, in accordance with the provisions governing the program involved, if the participant does not meet the applicable SSN disclosure, documentation, and verification requirements specified in § 5.216. (2) The processing entity may defer termination and provide the participant with an additional 90 calendar days to disclose a SSN, but only if the processing entity, in its discretion, determines that: (i) The failure to meet these requirements was due to circumstances that could not have reasonably been foreseen and were outside the control of the participant; and (ii) There is a reasonable likelihood that the participant will be able to disclose a SSN by the deadline. (3) Failure of the participant to disclose a SSN by the deadline specified in paragraph (c)(2) of this section will result in termination of the assistance or tenancy, or both, of the participant and the participant's hous… | |||||
| 24:24:1.1.1.1.5.2.15.10 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.236 Procedures for termination, denial, suspension, or reduction of assistance based on information obtained from a SWICA or Federal agency. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 65 FR 16715, Mar. 29, 2000; 74 FR 68934, Dec. 29, 2009] | (a) Termination, denial, suspension, or reduction of assistance. The provisions of 42 U.S.C. 3544(c)(2)(B) and (C) shall govern the termination, denial, suspension, or reduction of benefits for an assistance applicant or participant based on income information obtained from a SWICA or a Federal agency. Procedures necessary to comply with these provisions are provided in paragraph (b) of this section. (b) Procedures for independent verification. (1) Any determination or redetermination of family income verified in accordance with this paragraph must be carried out in accordance with the requirements and procedures applicable to the individual covered program. Independent verification of information obtained from a SWICA or a Federal agency may be: (i) By HUD; (ii) In the case of the public housing program, by a PHA; or (iii) In the case of any Section 8 program, by a PHA acting as contract administrator under an ACC. (2) Upon receiving income information from a SWICA or a Federal agency, HUD or, when applicable, the PHA shall compare the information with the information about a family's income that was: (i) Provided by the assistance applicant or participant to the PHA; or (ii) Obtained by the owner (or mortgagee, as applicable) from the assistance applicant or participant or from his or her employer. (3) When the income information reveals an employer or other income source that was not disclosed by the assistance applicant or participant, or when the income information differs substantially from the information received from the assistance applicant or participant or from his or her employer: (i) HUD or, as applicable or directed by HUD, the PHA shall request the undisclosed employer or other income source to furnish any information necessary to establish an assistance applicant's or participant's eligibility for or level of assistance in a covered program. This information shall be furnished in writing, as directed to: (A) HUD, with respect to programs under parts 221, 235, 236, or 290 of this tit… | |||||
| 24:24:1.1.1.1.5.2.15.11 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.238 Criminal and civil penalties. | HUD | Persons who violate the provisions of 42 U.S.C. 3544 or 26 U.S.C. 6103(l)(7) with respect to the use and disclosure of income information may be subject to civil or criminal penalties under 42 U.S.C. 3544(c)(3), 26 U.S.C. 7213(a), or 18 U.S.C. 1905. | ||||||
| 24:24:1.1.1.1.5.2.15.12 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.240 Family disclosure of income information to the responsible entity and verification. | HUD | [65 FR 16715, Mar. 29, 2000] | (a) This section applies to families that reside in dwelling units with assistance under the public housing program, the Section 8 tenant-based assistance programs, or for which project-based assistance is provided under the Section 8, Section 202, or Section 811 program. (b) The family must promptly furnish to the responsible entity any letter or other notice by HUD to a member of the family that provides information concerning the amount or verification of family income. (c) The responsible entity must verify the accuracy of the income information received from the family, and change the amount of the total tenant payment, tenant rent or Section 8 housing assistance payment, or terminate assistance, as appropriate, based on such information. | |||||
| 24:24:1.1.1.1.5.2.15.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.230 Consent by assistance applicants and participants. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 88 FR 9655, Feb. 14, 2023] | (a) Required consent by assistance applicants and participants. Each member of the family of an assistance applicant or participant who is at least 18 years of age, and each family head and spouse regardless of age, shall sign one or more consent forms. (b) Consent authorization —(1) Applicants. The assistance applicant must submit the signed consent forms to the processing entity when eligibility under a covered program is being determined. (2) Subsequent consent forms. Prior to January 1, 2024, participants signed and submitted consent forms at each regularly scheduled income reexamination. On or after January 1, 2024, a participant must sign and submit consent forms at their next interim or regularly scheduled income reexamination. After all applicants or participants over the age of 18 in a family have signed and submitted a consent form once on or after January 1, 2024, family members do not need to sign and submit subsequent consent forms at the next interim or regularly scheduled income examination except under the following circumstances: (i) When any person 18 years or older becomes a member of the family, that family member must sign and submit a consent form; (ii) When a member of the family turns 18 years of age, that family member must sign and submit a consent form; or (iii) As required by HUD or the PHA in administrative instructions. (c) Consent form—contents. The consent form required by this section shall contain, at a minimum, the following: (1) A provision authorizing HUD and PHAs to obtain from SWICAs any information or materials necessary to complete or verify the application for participation and to maintain continued assistance under a covered program; and (2) A provision authorizing HUD, PHAs, or the owner responsible for determining eligibility for or the level of assistance to verify with previous or current employers income information pertinent to the assistance applicant's or participant's eligibility for or level of assistance under a covered program; (3) A provisi… | |||||
| 24:24:1.1.1.1.5.2.15.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.232 Penalties for failing to sign consent forms. | HUD | [61 FR 11113, Mar. 18, 1996, as amended at 88 FR 9655, Feb. 14, 2023] | (a) Denial or termination of benefits. In accordance with the provisions governing the program involved, if the assistance applicant or participant, or any member of the assistance applicant's or participant's family, does not sign and submit the consent form as required in § 5.230, then: (1) The processing entity shall deny assistance to and admission of an assistance applicant; (2) Assistance to, and the tenancy of, a participant may be terminated. (b) Cross references. Individuals should consult the regulations and administrative instructions for the programs covered under this subpart B for further information on the use of income information in determinations regarding eligibility. (c) This section does not apply if the applicant or participant, or any member of the assistance applicant's or participant's family revokes his/her consent with respect to the ability of the PHA to access financial records from financial institutions, unless the PHA establishes an admission and occupancy policy that revocation of consent to access financial records will result in denial or termination of assistance or admission. | |||||
| 24:24:1.1.1.1.5.2.15.8 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.233 Mandated use of HUD's Enterprise Income Verification (EIV) System. | HUD | [74 FR 68934, Dec. 29, 2009, as amended at 88 FR 9655, Feb. 14, 2023] | (a) Programs subject to this section and requirements. (1) The requirements of this section apply to entities administering assistance under the: (i) Public Housing program under 24 CFR part 960; (ii) Section 8 Housing Choice Voucher (HCV) program under 24 CFR part 982; (iii) Moderate Rehabilitation program under 24 CFR part 882; (iv) Project-based Voucher program under 24 CFR part 983; (v) Project-based Section 8 programs under 24 CFR parts 880, 881, 883, 884, 886, and 891; (vi) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (vii) Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (viii) Sections 221(d)(3) and 236 of the National Housing Act (12 U.S.C. 1715l(d)(3) and 1715z-1); and (ix) Rent Supplement program under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). (2) Processing entities must use HUD's EIV system in its entirety: (i) As a third-party source to verify tenant employment and income information during annual and streamlined reexaminations of family composition and income, in accordance with § 5.236 and administrative guidance issued by HUD; and (ii) To reduce administrative and subsidy payment errors in accordance with HUD administrative guidance. (b) Penalties for noncompliance. Failure to use the EIV system in its entirety may result in the imposition of sanctions and/or the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant rent calculations, or both. | |||||
| 24:24:1.1.1.1.5.2.15.9 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | B | Subpart B—Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information | § 5.234 Requests for information from SWICAs and Federal agencies; restrictions on use. | HUD | (a) Information available from SWICAs and Federal agencies—to whom and what. Income information will generally be obtained through computer matching agreements between HUD and a SWICA or Federal agency, or between a PHA and a SWICA, as described in paragraph (c) of this section. Certification that the applicable assistance applicants and participants have signed appropriate consent forms and have received the necessary Privacy Act notice is required, as follows: (1) When HUD requests the computer match, the processing entity shall certify to HUD; and (2) When the PHA requests the computer match, the PHA shall certify to the SWICA. (b) Restrictions on use of information. The restrictions of 42 U.S.C. 3544(c)(2)(A) apply to the use by HUD or a PHA of income information obtained from a SWICA. The restrictions of 42 U.S.C. 3544(c)(2)(A) and of 26 U.S.C. 6103(l)(7) apply to the use by HUD or a PHA of income information obtained from the IRS or SSA. (c) Computer matching agreements. Computer matching agreements shall specify the purpose and the legal authority for the match, and shall include a description of the records to be matched, a statement regarding disposition of information generated through the match, a description of the administrative and technical safeguards to be used in protecting the information obtained through the match, a description of the use of records, the restrictions on duplication and redisclosure, a certification, and the amount that will be charged for processing a request. | ||||||
| 24:24:1.1.1.1.5.3.16.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.300 Purpose. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. 29, 2000] | (a) This subpart implements section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) as it pertains to projects for the elderly or persons with disabilities under: (1) The housing programs administered by the Assistant Secretary for Housing-Federal Housing Commissioner; (2) Projects assisted under the programs contained in chapter VIII of this title 24; and (3) The public housing program. (b) [Reserved] | |||||
| 24:24:1.1.1.1.5.3.16.10 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.327 Nuisance or threat to health or safety. | HUD | Nothing in this subpart C prohibits a project owner, PHA, or an appropriate community authority from requiring the removal of any pet from a project, if the pet's conduct or condition is duly determined to constitute, under the provisions of State or local law, a nuisance or a threat to the health or safety of other occupants of the project or of other persons in the community where the project is located. | ||||||
| 24:24:1.1.1.1.5.3.16.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.303 Exclusion for animals that assist, support, or provide service to persons with disabilities. | HUD | [73 FR 63838, Oct. 27, 2008] | (a) This subpart C does not apply to animals that are used to assist, support, or provide service to persons with disabilities. Project owners and PHAs may not apply or enforce any policies established under this subpart against animals that are necessary as a reasonable accommodation to assist, support, or provide service to persons with disabilities. This exclusion applies to animals that reside in projects for the elderly or persons with disabilities, as well as to animals that visit these projects. (b) Nothing in this subpart C: (1) Limits or impairs the rights of persons with disabilities; (2) Authorizes project owners or PHAs to limit or impair the rights of persons with disabilities; or (3) Affects any authority that project owners or PHAs may have to regulate animals that assist, support, or provide service to persons with disabilities, under federal, state, or local law. | |||||
| 24:24:1.1.1.1.5.3.16.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.306 Definitions. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. 29, 2000] | Common household pet means: (1) For purposes of Housing programs: A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes. Common household pet does not include reptiles (except turtles). If this definition conflicts with any applicable State or local law or regulation defining the pets that may be owned or kept in dwelling accommodations, the State or local law or regulation shall apply. This definition shall not include animals that are used to assist persons with disabilities. (2) For purposes of Public Housing programs: PHAs may define the term “common household pet” under § 5.318. Elderly or disabled family means: (1) For purposes of Housing programs: An elderly person, a person with a disability, or an elderly or disabled family for purposes of the program under which a project for the elderly or persons with disabilities is assisted or has its mortgage insured. (2) For purposes of Public Housing programs: (i) An elderly person, a person with a disability, or an elderly or disabled family as defined in § 5.403 in subpart A of this part. (ii) [Reserved] Housing programs means: (1) The housing programs administered by the Assistant Secretary for Housing-Federal Housing Commissioner; and (2) The programs contained in chapter VIII of this title 24 that assist rental projects that meet the definition of project for the elderly or persons with disabilities in this subpart C. Project for the elderly or persons with disabilities means: (1) For purposes of Housing programs: (i) A specific rental or cooperative multifamily property that, unless currently owned by HUD, is subject to a first mortgage, and: (A) That is assisted under statutory authority identified by HUD through notice; (B) That was designated for occupancy by elderly or disabled families when funds for the project were reserved, or when the commitment to insure the mortgage was issued or, of not then … | |||||
| 24:24:1.1.1.1.5.3.16.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.309 Prohibition against discrimination. | HUD | Except as otherwise specifically authorized under this subpart no project owner or PHA that owns or manages a project for the elderly or persons with disabilities may: (a) As a condition of tenancy or otherwise, prohibit or prevent any tenant of such housing from owning common household pets or having such pets living in the tenant's dwelling unit; or (b) Restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the person's ownership of common household pets or the presence of such pets in the person's dwelling unit. | ||||||
| 24:24:1.1.1.1.5.3.16.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.312 Notice to tenants. | HUD | (a) During the development of pet rules as described in § 5.353 or § 5.380, the project owner or PHA shall serve written notice on all tenants of projects for the elderly or persons with disabilities in occupancy at the time of service, stating that: (1) Tenants are permitted to own and keep common household pets in their dwelling units, in accordance with the pet rules (if any) promulgated under this subpart C; (2) Animals that are used to assist persons with disabilities are excluded from the requirements of this subpart C, as provided in § 5.303; (3) Tenants may, at any time, request a copy of any current pet rule developed under this subpart C (as well as any current proposed rule or proposed amendment to an existing rule); and (4) Tenants may request that their leases be amended under § 5.321 to permit common household pets. (b) The project owner or PHA shall provide to each applicant for tenancy when he or she is offered a dwelling unit in a project for the elderly or persons with disabilities, the written notice specified in paragraphs (a) (1), (2), and (3) of this section. (c) If a PHA chooses not to promulgate pet rules, the notice shall be served within 60 days of the effective date of this part. PHAs shall serve notice under this section in accordance with their normal service of notice procedures. | ||||||
| 24:24:1.1.1.1.5.3.16.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.315 Content of pet rules: General requirements. | HUD | (a) Housing programs. The project owner shall prescribe reasonable rules to govern the keeping of common household pets. The pet rules must include the mandatory rules described in § 5.350 and may, unless otherwise noted in this subpart C, include other discretionary provisions as provided in § 5.318. (b) Public Housing programs. (1) PHAs may choose not to promulgate rules governing the keeping of common household pets or may include rules as provided in § 5.318. PHAs may elect to include provisions based on those in § 5.350. If they so choose, the PHAs may modify the provisions in § 5.350 in any manner consistent with this subpart C. (2) If PHAs choose to promulgate pet rules, tenants must be permitted to own and keep pets in their units in accordance with the terms and conditions of their leases, the provisions of this subpart C, and any applicable State or local law or regulation governing the owning or keeping of pets in dwelling accommodations. (3) PHAs that choose not to promulgate pet rules, shall not impose, by lease modification or otherwise, any requirement that is inconsistent with the provisions of this subpart C. (c) Use of discretion. (1) This subpart C does not define with specificity the limits of the project owners' or PHAs' discretion to promulgate pet rules. Where a project owner or PHA has discretion to prescribe pet rules under this subpart C, the pet rules should be: (i) Reasonably related to furthering a legitimate interest of the project owner or PHA, such as the owner's or PHA's interest in providing a decent, safe, and sanitary living environment for existing and prospective tenants and in protecting and preserving the physical condition of the project and the owner's or PHA's financial interest in it; and (ii) Drawn narrowly to achieve the owner's or PHA's legitimate interests, without imposing unnecessary burdens and restrictions on pet owners and prospective pet owners. (2) Where a project owner or PHA has discretion to prescribe pet rules under this subpart C, the owner … | ||||||
| 24:24:1.1.1.1.5.3.16.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.318 Discretionary pet rules. | HUD | Pet rules promulgated by project owners and PHAs may include, but are not limited to, consideration of the following factors: (a) Definitions of “common household pet” —(1) For Public Housing programs. The pet rules established by a PHA may contain a reasonable definition of a common household pet. (2) For Housing programs. Project owners wishing to define “common household pet” in their pet rules must use the Housing programs definition of the term in § 5.306. (b) Density of tenants and pets. (1)(i) The pet rules established under this section may take into account tenant and pet density. The pet rules may place reasonable limitations on the number of common household pets that may be allowed in each dwelling unit. In the case of group homes, the pet rules may place reasonable limitations on the number of common household pets that may be allowed in each home. (ii) For Housing programs. Under these rules, project owners may limit the number of four-legged, warm-blooded pets to one pet in each dwelling unit or group home. (iii) Other than the limitations described in this paragraph (b)(1), the pet rules may not limit the total number of pets allowed in the project. (2) As used in paragraph (b)(1) of this section, the term “group home” means: (i) For purposes of Housing programs. A small, communal living arrangement designed specifically for individuals who are chronically mentally ill, developmentally disabled, or physically disabled who require a planned program of continual supportive services or supervision (other than continual nursing, medical or psychiatric care). (ii) For purposes of Public Housing programs. A dwelling or dwelling unit for the exclusive residential use of elderly persons or persons with disabilities who are not capable of living completely independently and who require a planned program of continual supportive services or supervision (other than continual nursing, medical or psychiatric care). (c) Pet size and pet type. The pet rules may place reasonable limitations… | ||||||
| 24:24:1.1.1.1.5.3.16.8 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.321 Lease provisions. | HUD | (a) Lease provisions. (1) PHAs which have established pet rules and project owners shall ensure that the leases for all tenants of projects for the elderly or persons with disabilities: (i) State that tenants are permitted to keep common household pets in their dwelling units (subject to the provisions of this subpart and the pet rules); (ii) Shall incorporate by reference the pet rules promulgated by the project owner or PHA; (iii) Shall provide that the tenant agrees to comply with these rules; and (iv) Shall state that violation of these rules may be grounds for removal of the pet or termination of the pet owner's tenancy (or both), in accordance with the provisions of this subpart and applicable regulations and State or local law. (2) [Reserved] (b) Where a PHA has not established pet rules, the leases of all tenants of such projects shall not contain any provisions prohibiting the owning or keeping of common household pets, and shall state that owning and keeping of such pets will be subject to the general obligations imposed 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 dwelling accommodations. | ||||||
| 24:24:1.1.1.1.5.3.16.9 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.324 Implementation of lease provisions. | HUD | The lease for each tenant of a project for the elderly or persons with disabilities who is admitted on or after the date on which this subpart C is implemented shall contain the lease provisions described in § 5.321 and, if applicable, § 5.360. The lease for each tenant who occupies a unit in such a project under lease on the date of implementation of this part shall be amended to include the provisions described in § 5.321 and, if applicable, § 5.360: (a) For Housing programs: (1) Upon renewal of the lease and in accordance with any applicable regulation; and (2) When a Housing program tenant registers a common household pet under § 5.350 (b) For Public Housing programs: (1) Upon annual reexamination of tenant income in accordance with any applicable regulation; and (2) When a Public Housing program tenant wishes to own or keep a common household pet in his or her unit. | ||||||
| 24:24:1.1.1.1.5.3.17.11 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.350 Mandatory pet rules for housing programs. | HUD | Mandatory rules. The project owner must prescribe the following pet rules: (a) Inoculations. The pet rules shall require pet owners to have their pets inoculated in accordance with State and local laws. (b) Sanitary standards. (1) The pet rules shall prescribe sanitary standards to govern the disposal of pet waste. These rules may: (i) Designate areas on the project premises for pet exercise and the deposit of pet waste; (ii) Forbid pet owners from exercising their pets or permitting their pets to deposit waste on the project premises outside the designated areas; (iii) Require pet owners to remove and properly dispose of all removable pet waste; and (iv) Require pet owners to remove pets from the premises to permit the pet to exercise or deposit waste, if no area in the project is designated for such purposes. (2) In the case of cats and other pets using litter boxes, the pet rules may require the pet owner to change the litter (but not more than twice each week), may require pet owners to separate pet waste from litter (but not more than once each day), and may prescribe methods for the disposal of pet waste and used litter. (c) Pet restraint. The pet rules shall require that all cats and dogs be appropriately and effectively restrained and under the control of a responsible individual while on the common areas of the project. (d) Registration. (1) The pet rules shall require pet owners to register their pets with the project owner. The pet owner must register the pet before it is brought onto the project premises, and must update the registration at least annually. The project owner may coordinate the annual update with the annual reexamination of tenant income, if applicable. The registration must include: (i) A certificate signed by a licensed veterinarian or a State or local authority empowered to inoculate animals (or designated agent of such an authority) stating that the pet has received all inoculations required by applicable State and local law; (ii) Information sufficient to identi… | ||||||
| 24:24:1.1.1.1.5.3.17.12 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.353 Housing programs: Procedure for development of pet rules. | HUD | (a) General. Project owners shall use the procedures specified in this section to promulgate the pet rules referred to in §§ 5.318 and 5.350. (b) Development and notice of proposed pet rules. Project owners shall develop proposed rules to govern the owning or keeping of common household pets in projects for the elderly or persons with disabilities. Notice of the proposed pet rules shall be served on each tenant of the project as provided in paragraph (f) of this section. The notice shall: (1) Include the text of the proposed rules; (2) State that tenants or tenant representatives may submit written comments on the rules; and (3) State that all comments must be submitted to the project owner no later than 30 days from the effective date of the notice of the proposed rules. (4) The notice may also announce the date, time, and place for a meeting to discuss the proposed rules (as provided in paragraph (c) of this section). (c) Tenant consultation. Tenants or tenant representatives may submit written comments on the proposed pet rules to the project owner by the date specified in the notice of proposed rules. In addition, the owner may schedule one or more meetings with tenants during the comment period to discuss the proposed rules. Tenants and tenant representatives may make oral comments on the proposed rules at these meetings. The project owner must consider comments made at these meetings only if they are summarized, reduced to writing, and submitted to the project owner before the end of the comment period. (d) Development and notice of final pet rules. The project owner shall develop the final rules after reviewing tenants' written comments and written summaries of any owner-tenant meetings. The project owner may meet with tenants and tenant representatives to attempt to resolve issues raised by the comments. Subject to this subpart C, the content of the final pet rules, however, is within the sole discretion of the project owner. The project owner shall serve on each tenant of the project, a no… | ||||||
| 24:24:1.1.1.1.5.3.17.13 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.356 Housing programs: Pet rule violation procedures. | HUD | (a) Notice of pet rule violation. If a project owner determines on the basis of objective facts, supported by written statements, that a pet owner has violated a rule governing the owning or keeping of pets; the project owner may serve a written notice of pet rule violation on the pet owner in accordance with § 5.353(f)(1)(i) or (ii). The notice of pet rule violation must: (1) Contain a brief statement of the factual basis for the determination and the pet rule or rules alleged to be violated; (2) State that the pet owner has 10 days from the effective date of service of the notice to correct the violation (including, in appropriate circumstances, removal of the pet) or to make a written request for a meeting to discuss the violation; (3) State that the pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and (4) State that the pet owner's failure to correct the violation, to request a meeting, or to appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy. (b)(1) Pet rule violation meeting. If the pet owner makes a timely request for a meeting to discuss an alleged pet rule violation, the project owner shall establish a mutually agreeable time and place for the meeting but no later than 15 days from the effective date of service of the notice of pet rule violation (unless the project owner agrees to a later date). At the pet rule violation meeting, the pet owner and project owner shall discuss any alleged pet rule violation and attempt to correct it. The project owner may, as a result of the meeting, give the pet owner additional time to correct the violation. (2) Notice for pet removal. If the pet owner and project owner are unable to resolve the pet rule violation at the pet rule violation meeting, or if the project owner determines that the pet owner has failed to correct the pet rule violation within any additional time provided for this purpose under paragraph (b)(1) of this section, the project owner may … | ||||||
| 24:24:1.1.1.1.5.3.17.14 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.359 Housing programs: Rejection of units by applicants for tenancy. | HUD | (a) An applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. An applicant's rejection of a unit under this section shall not adversely affect his or her application for tenancy in the project, including (but not limited to) his or her position on the project waiting list or qualification for any tenant selection preference. (b) Nothing in this subpart C imposes a duty on project owners to provide alternate dwelling units to existing or prospective tenants because of the proximity of common household pets to a particular unit or the presence of such pets in the project. | ||||||
| 24:24:1.1.1.1.5.3.17.15 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.360 Housing programs: Additional lease provisions. | HUD | (a) Inspections. In addition to other inspections permitted under the lease, the leases for all Housing program tenants of projects for the elderly or persons with disabilities may state that the project owner may, after reasonable notice to the tenant and during reasonable hours, enter and inspect the premises. The lease shall permit entry and inspection only if the project owner has received a signed, written complaint alleging (or the project owner has reasonable grounds to believe) that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. (b) Emergencies. (1) If there is no State or local authority (or designated agent of such an authority) authorized under applicable State or local law to remove a pet that becomes vicious, displays symptoms of severe illness, or demonstrates other behavior that constitutes an immediate threat to the health or safety of the tenancy as a whole, the project owner may place a provision in tenant leases permitting the project owner to enter the premises (if necessary), remove the pet, and take such action with respect to the pet as may be permissible under State and local law, which may include placing it in a facility that will provide care and shelter for a period not to exceed 30 days. (2) The lease shall permit the project owner to enter the premises and remove the pet or take such other permissible action only if the project owner requests the pet owner to remove the pet from the project immediately, and the pet owner refuses to do so, or if the project owner is unable to contact the pet owner to make a removal request. The lease may not contain a provision relieving the project owner from liability for wrongful removal of a pet. The cost of the animal care facility shall be paid as provided in § 5.363. (3) The project owner may place a provision in tenant leases permitting th… | ||||||
| 24:24:1.1.1.1.5.3.17.16 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.363 Housing programs: Protection of the pet. | HUD | (a) If the health or safety of a pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet, the project owner may contact the responsible party or parties listed in the pet registration required under § 5.350(d)(1)(iii). (b) If the responsible party or parties are unwilling or unable to care for the pet, or the project owner, despite reasonable efforts, has been unable to contact the responsible party or parties, the project owner may contact the appropriate State or local authority (or designated agent of such an authority) and request the removal of the pet. (c) If there is no State or local authority (or designated agent of such an authority) authorized to remove a pet under these circumstances and the project owner has placed a provision in the lease agreement (as described in § 5.360(c)(2)), the project owner may enter the pet owner's unit, remove the pet, and place the pet in a facility that will provide care and shelter until the pet owner or a representative of the pet owner is able to assume responsibility for the pet, but not longer than 30 days. (d) The cost of the animal care facility provided under this section shall be borne by the pet owner. If the pet owner (or the pet owner's estate) is unable or unwilling to pay, the cost of the animal care facility may be paid from the pet deposit, if imposed under the pet rules. | ||||||
| 24:24:1.1.1.1.5.3.18.17 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | C | Subpart C—Pet Ownership for the Elderly or Persons With Disabilities | § 5.380 Public housing programs: Procedure for development of pet rules. | HUD | PHAs that choose to promulgate pet rules shall consult with tenants of projects for the elderly or persons with disabilities administered by them with respect to their promulgation and subsequent amendment. PHAs shall develop the specific procedures governing tenant consultation, but these procedures must be designed to give tenants (or, if appropriate, tenant councils) adequate opportunity to review and comment upon the pet rules before they are issued for effect. PHAs are solely responsible for the content of final pet rules, but must give consideration to tenant comments. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation. | ||||||
| 24:24:1.1.1.1.5.4.19.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | D | Subpart D—Definitions for Section 8 and Public Housing Assistance Under the United States Housing Act of 1937 | § 5.400 Applicability. | HUD | [61 FR 5665, Feb. 13, 1996, as amended at 65 FR 16715, Mar. 29, 2000] | This part applies to public housing and Section 8 programs. | |||||
| 24:24:1.1.1.1.5.4.19.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | D | Subpart D—Definitions for Section 8 and Public Housing Assistance Under the United States Housing Act of 1937 | § 5.403 Definitions. | HUD | [61 FR 5665, Feb. 13, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000; 77 FR 5674, Feb. 3, 2012; 88 FR 9655, Feb. 14, 2023] | Annual contributions contract (ACC) means the written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program. Applicant means a person or a family that has applied for housing assistance. Disabled family means a family whose head (including co-head), spouse, or sole member is a person with a disability. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. Displaced family means a family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief Elderly family means a family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age. It may include two or more persons who are at least 62 years of age living together, or one or more persons who are at least 62 years of age living with one or more live-in aides. Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: (1) A single person, who may be: (i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person; (ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or (2) A group of persons residing together, and such group includes, but is not limited to: (i) A family with or without children (a child who is temporarily away from the home because of placement… | |||||
| 24:24:1.1.1.1.5.5.19.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.500 Applicability. | HUD | (a) Covered programs/assistance. This subpart E implements Section 214 of the Housing and Community Development Act of 1980, as amended (42 U.S.C. 1436a). Section 214 prohibits HUD from making financial assistance available to persons who are not in eligible status with respect to citizenship or noncitizen immigration status. This subpart E is applicable to financial assistance provided under: (1) Section 235 of the National Housing Act (12 U.S.C. 1715z) (the Section 235 Program); (2) Section 236 of the National Housing Act (12 U.S.C. 1715z-1) (tenants paying below market rent only) (the Section 236 Program); (3) Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) (the Rent Supplement Program); and (4) The United States Housing Act of 1937 (42 U.S. C. 1437 et seq. ) which covers: (i) HUD's Public Housing Programs; (ii) The Section 8 Housing Assistance Programs; and (iii) The Housing Development Grant Programs (with respect to low income units only). (b) Covered individuals and entities —(1) Covered individuals/persons and families. The provisions of this subpart E apply to both applicants for assistance and persons already receiving assistance covered under this subpart E. (2) Covered entities. The provisions of this subpart E apply to Public Housing Agencies (PHAs), project (or housing) owners, and mortgagees under the Section 235 Program. The term “responsible entity” is used in this subpart E to refer collectively to these entities, and is further defined in § 5.504. | ||||||
| 24:24:1.1.1.1.5.5.19.10 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.518 Types of preservation assistance available to mixed families and other families. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25732, May 12, 1999] | (a) Continued assistance —(1) General. A mixed family may receive continued housing assistance if all of the following conditions are met (a mixed family assisted under a Housing covered program must be provided continued assistance if the family meets the following conditions): (i) The family was receiving assistance under a Section 214 covered program on June 19, 1995; (ii) The family's head of household or spouse has eligible immigration status as described in § 5.506; and (iii) The family does not include any person (who does not have eligible immigration status) other than the head of household, any spouse of the head of household, any parents of the head of household, any parents of the spouse, or any children of the head of household or spouse. (2) Proration of continued assistance. A family entitled to continued assistance before November 29, 1996 is entitled to continued assistance as described in paragraph (a) of this section. A family entitled to continued assistance after November 29, 1996 shall receive prorated assistance as described in § 5.520. (b) Temporary deferral of termination of assistance —(1) Eligibility for this type of assistance. If a mixed family qualifies for prorated assistance (and does not qualify for continued assistance), but decides not to accept prorated assistance, or if a family has no members with eligible immigration status, the family may be eligible for temporary deferral of termination of assistance if necessary to permit the family additional time for the orderly transition of those family members with ineligible status, and any other family members involved, to other affordable housing. Other affordable housing is used in the context of transition of an ineligible family from a rent level that reflects HUD assistance to a rent level that is unassisted; the term refers to housing that is not substandard, that is of appropriate size for the family and that can be rented for an amount not exceeding the amount that the family pays for rent, including utilities,… | |||||
| 24:24:1.1.1.1.5.5.19.11 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.520 Proration of assistance. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 64 FR 13056, Mar. 16, 1999; 81 FR 12370, Mar. 8, 2016; 88 FR 9655, Feb. 14, 2023] | (a) Applicability. This section applies to a mixed family other than a family receiving continued assistance, or other than a family who is eligible for and requests and receives temporary deferral of termination of assistance. An eligible mixed family who requests prorated assistance must be provided prorated assistance. (b) Method of prorating assistance for Housing covered programs —(1) Proration under Rent Supplement Program. If the household participates in the Rent Supplement Program, the rent supplement paid on the household's behalf shall be the rent supplement the household would otherwise be entitled to, multiplied by a fraction, the denominator of which is the number of people in the household and the numerator of which is the number of eligible persons in the household; (2) Proration under Section 235 Program. If the household participates in the Section 235 Program, the interest reduction payments paid on the household's behalf shall be the payments the household would otherwise be entitled to, multiplied by a fraction the denominator of which is the number of people in the household and the numerator of which is the number of eligible persons in the household; (3) Proration under Section 236 Program without the benefit of additional assistance. If the household participates in the Section 236 Program without the benefit of any additional assistance, the household's rent shall be increased above the rent the household would otherwise pay by an amount equal to the difference between the market rate rent for the unit and the rent the household would otherwise pay multiplied by a fraction the denominator of which is the number of people in the household and the numerator of which is the number of ineligible persons in the household; (4) Proration under Section 236 Program with the benefit of additional assistance. If the household participates in the Section 236 Program with the benefit of additional assistance under the rent supplement, rental assistance payment or Section 8 programs, th… | |||||
| 24:24:1.1.1.1.5.5.19.12 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.522 Prohibition of assistance to noncitizen students. | HUD | (a) General. The provisions of §§ 5.516 and 5.518 permitting continued assistance or temporary deferral of termination of assistance for certain families do not apply to any person who is determined to be a noncitizen student as in paragraph (c)(2)(A) of Section 214 (42 U.S.C. 1436a(c)(2)(A)). The family of a noncitizen student may be eligible for prorated assistance, as provided in paragraph (b)(2) of this section. (b) Family of noncitizen students. (1) The prohibition on providing assistance to a noncitizen student as described in paragraph (a) of this section extends to the noncitizen spouse of the noncitizen student and minor children accompanying the student or following to join the student. (2) The prohibition on providing assistance to a noncitizen student does not extend to the citizen spouse of the noncitizen student and the children of the citizen spouse and noncitizen student. | ||||||
| 24:24:1.1.1.1.5.5.19.13 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.524 Compliance with nondiscrimination requirements. | HUD | The responsible entity shall administer the restrictions on use of assisted housing by noncitizens with ineligible immigration status imposed by this part in conformity with all applicable nondiscrimination and equal opportunity requirements, including, but not limited to, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-5) and the implementing regulations in 24 CFR part 1, section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the implementing regulations in 24 CFR part 8, the Fair Housing Act (42 U.S.C. 3601-3619) and the implementing regulations in 24 CFR part 100. | ||||||
| 24:24:1.1.1.1.5.5.19.14 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.526 Protection from liability for responsible entities and State and local government agencies and officials. | HUD | [64 FR 25732, May 12, 1999] | (a) Protection from liability for responsible entities. Responsible entities are protected from liability as set forth in Section 214(e) (42 U.S.C 1436a(e)). (b) Protection from liability for State and local government agencies and officials. State and local government agencies and officials shall not be liable for the design or implementation of the verification system described in § 5.512, as long as the implementation by the State and local government agency or official is in accordance with prescribed HUD rules and requirements. | |||||
| 24:24:1.1.1.1.5.5.19.15 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.528 Liability of ineligible tenants for reimbursement of benefits. | HUD | Where a tenant has received the benefit of HUD financial assistance to which the tenant was not entitled because the tenant intentionally misrepresented eligible status, the ineligible tenant is responsible for reimbursing HUD for the assistance improperly paid. If the amount of the assistance is substantial, the responsible entity is encouraged to refer the case to the HUD Inspector General's office for further investigation. Possible criminal prosecution may follow based on the False Statements Act (18 U.S.C. 1001 and 1010). | ||||||
| 24:24:1.1.1.1.5.5.19.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.502 Requirements concerning documents. | HUD | For any notice or document (decision, declaration, consent form, etc.) that this subpart E requires the responsible entity to provide to an individual, or requires the responsible entity to obtain the signature of an individual, the responsible entity, where feasible, must arrange for the notice or document to be provided to the individual in a language that is understood by the individual if the individual is not proficient in English. (See 24 CFR 8.6 of HUD's regulations for requirements concerning communications with persons with disabilities.) | ||||||
| 24:24:1.1.1.1.5.5.19.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.504 Definitions. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 89 FR 38289, May 7, 2024; 90 FR 56687, Dec. 8, 2025] | (a) The definitions 1937 Act, HUD, Public Housing Agency (PHA), and Section 8 are defined in subpart A of this part. (b) As used in this subpart E: Child means a member of the family other than the family head or spouse who is under 18 years of age. Citizen means a citizen or national of the United States. Evidence of citizenship or eligible status means the documents which must be submitted to evidence citizenship or eligible immigration status. (See § 5.508(b).) Family has the same meaning as provided in the program regulations of the relevant Section 214 covered program. Head of household means the adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Housing covered programs means the following programs administered by the Assistant Secretary for Housing: (1) Section 235 of the National Housing Act (12 U.S.C. 1715z) (the Section 235 Program); (2) Section 236 of the National Housing Act (12 U.S.C. 1715z-1) (tenants paying below market rent only) (the Section 236 Program); and (3) Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) (the Rent Supplement Program). INS means the U.S. Immigration and Naturalization Service. Mixed family means a family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. National means a person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Noncitizen means a person who is neither a citizen nor national of the United States. Project owner means the person or entity that owns the housing project containing the assisted dwelling unit. Public Housing covered programs means the public housing programs administered by the Assistant Secretary for Public and Indian Housing under title I of the 1937 Act. This definition does not encompass HUD's Indian Housing programs administered under title II of the 19… | |||||
| 24:24:1.1.1.1.5.5.19.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.506 General provisions. | HUD | [61 FR 5202, Feb. 9, 1996, as amended at 67 FR 65273, Oct. 23, 2002] | (a) Restrictions on assistance. Financial assistance under a Section 214 covered program is restricted to: (1) Citizens; or (2) Noncitizens who have eligible immigration status under one of the categories set forth in Section 214 (see 42 U.S.C. 1436a(a)). (b) Family eligibility for assistance. (1) A family shall not be eligible for assistance unless every member of the family residing in the unit is determined to have eligible status, as described in paragraph (a) of this section, or unless the family meets the conditions set forth in paragraph (b)(2) of this section. (2) Despite the ineligibility of one or more family members, a mixed family may be eligible for one of the three types of assistance provided in §§ 5.516 and 5.518. A family without any eligible members and receiving assistance on June 19, 1995 may be eligible for temporary deferral of termination of assistance as provided in §§ 5.516 and 5.518. (c) Preferences. Citizens of the Republic of Marshall Islands, the Federated States of Micronesia, and the Republic of Palau who are eligible for assistance under paragraph (a)(2) of this section are entitled to receive local preferences for housing assistance, except that, within Guam, such citizens who have such local preference will not be entitled to housing assistance in preference to any United States citizen or national resident therein who is otherwise eligible for such assistance. | |||||
| 24:24:1.1.1.1.5.5.19.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.508 Submission of evidence of citizenship or eligible immigration status. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60538, Nov. 29, 1996; 64 FR 25731, May 12, 1999] | (a) General. Eligibility for assistance or continued assistance under a Section 214 covered program is contingent upon a family's submission to the responsible entity of the documents described in paragraph (b) of this section for each family member. If one or more family members do not have citizenship or eligible immigration status, the family members may exercise the election not to contend to have eligible immigration status as provided in paragraph (e) of this section, and the provisions of §§ 5.516 and 5.518 shall apply. (b) Evidence of citizenship or eligible immigration status. Each family member, regardless of age, must submit the following evidence to the responsible entity. (1) For U.S. citizens or U.S. nationals, the evidence consists of a signed declaration of U.S. citizenship or U.S. nationality. The responsible entity may request verification of the declaration by requiring presentation of a United States passport or other appropriate documentation, as specified in HUD guidance. (2) For noncitizens who are 62 years of age or older or who will be 62 years of age or older and receiving assistance under a Section 214 covered program on September 30, 1996 or applying for assistance on or after that date, the evidence consists of: (i) A signed declaration of eligible immigration status; and (ii) Proof of age document. (3) For all other noncitizens, the evidence consists of: (i) A signed declaration of eligible immigration status; (ii) One of the INS documents referred to in § 5.510; and (iii) A signed verification consent form. (c) Declaration. (1) For each family member who contends that he or she is a U.S. citizen or a noncitizen with eligible immigration status, the family must submit to the responsible entity a written declaration, signed under penalty of perjury, by which the family member declares whether he or she is a U.S. citizen or a noncitizen with eligible immigration status. (i) For each adult, the declaration must be signed by the adult. (ii) For each child, the declarati… | |||||
| 24:24:1.1.1.1.5.5.19.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.510 Documents of eligible immigration status. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25731, May 12, 1999] | (a) General. A responsible entity shall request and review original documents of eligible immigration status. The responsible entity shall retain photocopies of the documents for its own records and return the original documents to the family. (b) Acceptable evidence of eligible immigration status. Acceptable evidence of eligible immigration status shall be the original of a document designated by INS as acceptable evidence of immigration status in one of the six categories mentioned in § 5.506(a) for the specific immigration status claimed by the individual. | |||||
| 24:24:1.1.1.1.5.5.19.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.512 Verification of eligible immigration status. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25731, May 12, 1999] | (a) General. Except as described in paragraph (b) of this section and § 5.514, no individual or family applying for assistance may receive such assistance prior to the verification of the eligibility of at least the individual or one family member. Verification of eligibility consistent with § 5.514 occurs when the individual or family members have submitted documentation to the responsible entity in accordance with § 5.508. (b) PHA election to provide assistance before verification. A PHA that is a responsible entity under this subpart may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member. (c) Primary verification —(1) Automated verification system. Primary verification of the immigration status of the person is conducted by the responsible entity through the INS automated system (INS Systematic Alien Verification for Entitlements (SAVE)). The INS SAVE system provides access to names, file numbers and admission numbers of noncitizens. (2) Failure of primary verification to confirm eligible immigration status. If the INS SAVE system does not verify eligible immigration status, secondary verification must be performed. (d) Secondary verification —(1) Manual search of INS records. Secondary verification is a manual search by the INS of its records to determine an individual's immigration status. The responsible entity must request secondary verification, within 10 days of receiving the results of the primary verification, if the primary verification system does not confirm eligible immigration status, or if the primary verification system verifies immigration status that is ineligible for assistance under a Section 214 covered program. (2) Secondary verification initiated by responsible entity. Secondary verification is initiated by the responsible entity forwarding photocopies of the original INS documents required for the immigration status declared (front and back), attached to the INS document verification request form G-… | |||||
| 24:24:1.1.1.1.5.5.19.8 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.514 Delay, denial, reduction or termination of assistance. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25731, May 12, 1999; 89 FR 38290, May 7, 2024] | (a) General. Assistance to a family may not be delayed, denied, reduced or terminated because of the immigration status of a family member except as provided in this section. (b) Restrictions on delay, denial, reduction or termination of assistance —(1) Restrictions on reduction, denial or termination of assistance for applicants and tenants. Assistance to an applicant or tenant shall not be delayed, denied, reduced, or terminated, on the basis of ineligible immigration status of a family member if: (i) The primary and secondary verification of any immigration documents that were timely submitted has not been completed; (ii) The family member for whom required evidence has not been submitted has moved from the assisted dwelling unit; (iii) The family member who is determined not to be in an eligible immigration status following INS verification has moved from the assisted dwelling unit; (iv) The INS appeals process under § 5.514(e) has not been concluded; (v) Assistance is prorated in accordance with § 5.520; or (vi) Assistance for a mixed family is continued in accordance with §§ 5.516 and 5.518; or (vii) Deferral of termination of assistance is granted in accordance with §§ 5.516 and 5.518. (2) Restrictions on delay, denial, reduction or termination of assistance pending fair hearing for tenants. In addition to the factors listed in paragraph (b)(1) of this section, assistance to a tenant cannot be delayed, denied, reduced or terminated until the completion of the informal hearing described in paragraph (f) of this section. (c) Events causing denial or termination of assistance —(1) General. Assistance to an applicant shall be denied, and a tenant's assistance shall be terminated, in accordance with the procedures of this section, upon the occurrence of any of the following events: (i) Evidence of citizenship (i.e., the declaration) and eligible immigration status is not submitted by the date specified in § 5.508(g) or by the expiration of any extension granted in accordance with § 5.508(h)… | |||||
| 24:24:1.1.1.1.5.5.19.9 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | E | Subpart E—Restrictions on Assistance to Noncitizens | § 5.516 Availability of preservation assistance to mixed families and other families. | HUD | [61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25732, May 12, 1999] | (a) Assistance available for tenant mixed families —(1) General. Preservation assistance is available to tenant mixed families, following completion of the appeals and informal hearing procedures provided in § 5.514. There are three types of preservation assistance: (i) Continued assistance (see paragraph (a) of § 5.518); (ii) Temporary deferral of termination of assistance (see paragraph (b) of § 5.518); or (iii) Prorated assistance (see § 5.520, a mixed family must be provided prorated assistance if the family so requests). (2) Availability of assistance —(i) For Housing covered programs: One of the three types of assistance described is available to tenant mixed families assisted under a National Housing Act or 1965 HUD Act covered program, depending upon the family's eligibility for such assistance. Continued assistance must be provided to a mixed family that meets the conditions for eligibility for continued assistance. (ii) For Section 8 or Public Housing covered programs. One of the three types of assistance described may be available to tenant mixed families assisted under a Section 8 or Public Housing covered program. (b) Assistance available for applicant mixed families. Prorated assistance is also available for mixed families applying for assistance as provided in § 5.520. (c) Assistance available to other families in occupancy. Temporary deferral of termination of assistance may be available to families receiving assistance under a Section 214 covered program on June 19, 1995, and who have no members with eligible immigration status, as set forth in paragraphs (c)(1) and (2) of this section. (1) For Housing covered programs: Temporary deferral of termination of assistance is available to families assisted under a Housing covered program. (2) For Section 8 or Public Housing covered programs: The responsible entity may make temporary deferral of termination of assistance to families assisted under a Section 8 or Public Housing covered program. (d) Section 8 covered programs: D… | |||||
| 24:24:1.1.1.1.5.6.19.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.601 Purpose and applicability. | HUD | [66 FR 6222, Jan. 19, 2001, as amended at 88 FR 9655, Feb. 14, 2023] | This subpart states HUD requirements on the following subjects: (a) Determining annual and adjusted income of families who apply for or receive assistance in the Section 8 (tenant-based and project-based) and public housing programs; (b) Determining payments by and utility reimbursements to families assisted in these programs; (c) Additional occupancy requirements that apply to the Section 8 project-based assistance programs. These additional requirements concern: (1) Income-eligibility and income-targeting when a Section 8 owner admits families to a Section 8 project or unit; (2) Owner selection preferences; and (3) Owner reexamination of family income and composition; (d) Determining adjusted income, as provided in § 5.611(a) and (c) through (e), for families who apply for or receive assistance under the following programs: Section 202 Supportive Housing Program for the Elderly (24 CFR 891, subpart B); Section 202 Direct Loans for Housing for the Elderly and Persons with Disabilities (24 CFR part 891, subpart E); and the Section 811 Supportive Housing for Persons with Disabilities (24 CFR part 891, subpart C). Unless specified in the regulations for each of the programs listed in this paragraph (d) or in another regulatory section of this part 5, subpart F, then the regulations in part 5, subpart F, generally are not applicable to these programs; and (e) Limitations on eligibility for assistance based on assets, as provided in § 5.618, in the Section 8 (tenant-based and project-based) and public housing programs. | |||||
| 24:24:1.1.1.1.5.6.19.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.603 Definitions. | HUD | [61 FR 54498, Oct. 18, 1996, as amended at 65 FR 16716, Mar. 29, 2000; 65 FR 55161, Sept. 12, 2000; 66 FR 6223, Jan. 19, 2001; 67 FR 47432, July 18, 2002; 81 FR 12370, Mar. 8, 2016; 88 FR 9656, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023] | As used in this subpart: (a) Terms found elsewhere in part 5 —(1) Subpart A. The terms 1937 Act, elderly person, public housing, public housing agency (PHA), responsible entity and Section 8 are defined in § 5.100. (2) Subpart D. The terms “disabled family”, “elderly family”, “family”, “live-in aide”, and “person with disabilities” are defined in § 5.403. (b) The following terms shall have the meanings set forth below: Adjusted income. See § 5.611. Annual income. See § 5.609. Child care expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income. Day laborer. An individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future. Dependent. A member of the family (which excludes foster children and foster adults) other than the family head or spouse who is under 18 years of age, or is a person with a disability, or is a full-time student. Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source. Economic self-sufficiency program. Any program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work for … | |||||
| 24:24:1.1.1.1.5.6.19.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.609 Annual income. | HUD | [88 FR 9657, Feb. 14, 2023] | (a) Annual income includes, with respect to the family: (1) All amounts, not specifically excluded in paragraph (b) of this section, received from all sources by each member of the family who is 18 years of age or older or is the head of household or spouse of the head of household, plus unearned income by or on behalf of each dependent who is under 18 years of age, and (2) When the value of net family assets exceeds $50,000 (which amount HUD will adjust annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers) and the actual returns from a given asset cannot be calculated, imputed returns on the asset based on the current passbook savings rate, as determined by HUD. (b) Annual income does not include the following: (1) Any imputed return on an asset when net family assets total $50,000 or less (which amount HUD will adjust annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers) and no actual income from the net family assets can be determined. (2) The following types of trust distributions: (i) For an irrevocable trust or a revocable trust outside the control of the family or household excluded from the definition of net family assets under § 5.603(b): (A) Distributions of the principal or corpus of the trust; and (B) Distributions of income from the trust when the distributions are used to pay the costs of health and medical care expenses for a minor. (ii) For a revocable trust under the control of the family or household, any distributions from the trust; except that any actual income earned by the trust, regardless of whether it is distributed, shall be considered income to the family at the time it is received by the trust. (3) Earned income of children under the 18 years of age. (4) Payments received for the care of foster children or foster adults, or State or Tribal kinship or guardianship care payments. (5) Insurance payments and settlements for personal or property losses, including but not limited to payments … | |||||
| 24:24:1.1.1.1.5.6.19.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.611 Adjusted income. | HUD | [88 FR 9659, Feb. 14, 2023] | Adjusted income means annual income (as determined under § 5.609) of the members of the family residing or intending to reside in the dwelling unit, after making the following deductions: (a) Mandatory deductions. (1) $480 for each dependent, which amount will be adjusted by HUD annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25; (2) $525 for any elderly family or disabled family, which amount will be adjusted by HUD annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25; (3) The sum of the following, to the extent the sum exceeds ten percent of annual income: (i) Unreimbursed health and medical care expenses of any elderly family or disabled family; and (ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with a disability, to the extent necessary to enable any member of the family (including the member who is a person with a disability) to be employed. This deduction may not exceed the combined earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and (4) Any reasonable child care expenses necessary to enable a member of the family to be employed or to further his or her education. (b) Additional deductions. (1) For public housing, the Housing Choice Voucher (HCV) and the Section 8 moderate rehabilitation programs (including the moderate rehabilitation Single-Room Occupancy (SRO) program), a PHA may adopt additional deductions from annual income. (i) Public housing. A PHA that adopts such deductions will not be eligible for an increase in Capital Fund and Operating Fund formula grants based on the application of such deductions. The PHA must establish a written policy for such deductions. (ii) HCV, moderate rehabilitation, and moderate rehabilitation Sing… | |||||
| 24:24:1.1.1.1.5.6.19.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.612 Restrictions on assistance to students enrolled in an institution of higher education. | HUD | [70 FR 77743, Dec. 30, 2005, as amended at 73 FR 49333, Aug. 21, 2008] | No assistance shall be provided under section 8 of the 1937 Act to any individual who: (a) Is enrolled as a student at an institution of higher education, as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (b) Is under 24 years of age; (c) Is not a veteran of the United States military; (d) Is unmarried; (e) Does not have a dependent child; (f) Is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the 1937 Act and was not receiving assistance under section 8 of the 1937 Act as of November 30, 2005; and (g) Is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible on the basis of income to receive assistance under section 8 of the 1937 Act. | |||||
| 24:24:1.1.1.1.5.6.19.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.613 Public housing program and Section 8 tenant-based assistance program: PHA cooperation with welfare agency. | HUD | [65 FR 16717, Mar. 29, 2000] | (a) This section applies to the public housing program and the Section 8 tenant-based assistance program. (b) The PHA must make best efforts to enter into cooperation agreements with welfare agencies under which such agencies agree: (1) To target public assistance, benefits and services to families receiving assistance in the public housing program and the Section 8 tenant-based assistance program to achieve self-sufficiency; (2) To provide written verification to the PHA concerning welfare benefits for families applying for or receiving assistance in these housing assistance programs. | |||||
| 24:24:1.1.1.1.5.6.19.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.615 Public housing program and Section 8 tenant-based assistance program: How welfare benefit reduction affects family income. | HUD | [65 FR 16717, Mar. 29, 2000] | (a) Applicability. This section applies to covered families who reside in public housing (part 960 of this title) or receive Section 8 tenant-based assistance (part 982 of this title). (b) Definitions. The following definitions apply for purposes of this section: Covered families. Families who receive welfare assistance or other public assistance benefits (“welfare benefits”) from a State or other public agency (“welfare agency”) under a program for which Federal, State, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for such assistance. Economic self-sufficiency program. See definition at § 5.603. Imputed welfare income. The amount of annual income not actually received by a family, as a result of a specified welfare benefit reduction, that is nonetheless included in the family's annual income for purposes of determining rent. Specified welfare benefit reduction. (1) A reduction of welfare benefits by the welfare agency, in whole or in part, for a family member, as determined by the welfare agency, because of fraud by a family member in connection with the welfare program; or because of welfare agency sanction against a family member for noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program. (2) “Specified welfare benefit reduction” does not include a reduction or termination of welfare benefits by the welfare agency: (i) at expiration of a lifetime or other time limit on the payment of welfare benefits; (ii) because a family member is not able to obtain employment, even though the family member has complied with welfare agency economic self-sufficiency or work activities requirements; or (iii) because a family member has not complied with other welfare agency requirements. (c) Imputed welfare income. (1) A family's annual income includes the amount of imputed welfare income (because of a specified welfare benefits reduction, as specified in notice to the PHA by the welf… | |||||
| 24:24:1.1.1.1.5.6.19.8 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.617 Self-sufficiency incentives for persons with disabilities—Disallowance of increase in annual income. | HUD | [66 FR 6223, Jan. 19, 2001, as amended at 67 FR 6820, Feb. 13, 2002; 81 FR 12370, Mar. 8, 2016; 88 FR 9660, Feb. 14, 2023] | (a) Applicable programs. The disallowance of earned income provided by this section is applicable only to the following programs: HOME Investment Partnerships Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part 574); Supportive Housing Program (24 CFR part 583); and the Housing Choice Voucher Program (24 CFR part 982). (b) Definitions. The following definitions apply for purposes of this section. Baseline income. The annual income immediately prior to implementation of the disallowance described in paragraph (c)(1) of this section of a person with disabilities (who is a member of a qualified family). Disallowance. Exclusion from annual income. Previously unemployed includes a person with disabilities who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Qualified family. A family residing in housing assisted under one of the programs listed in paragraph (a) of this section or receiving tenant-based rental assistance under one of the programs listed in paragraph (a) of this section. (1) Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment; (2) Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self-sufficiency or other job training program; or (3) Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and … | |||||
| 24:24:1.1.1.1.5.6.19.9 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.618 Restriction on assistance to families based on assets. | HUD | [88 FR 9660, Feb. 14, 2023] | (a) Restrictions based on net assets and property ownership. (1) A dwelling unit in the public housing program may not be rented, and assistance under the Section 8 (tenant-based and project-based) programs may not be provided, either initially or upon reexamination of family income, to any family if: (i) The family's net assets (as defined in § 5.603) exceed $100,000, which amount will be adjusted annually by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers; or (ii) The family has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, based on State or local laws of the jurisdiction where the property is located, real property that is suitable for occupancy by the family as a residence, except this real property restriction does not apply to: (A) Any property for which the family is receiving assistance under 24 CFR 982.620; or under the Homeownership Option in 24 CFR part 982; (B) Any property that is jointly owned by a member of the family and at least one non-household member who does not live with the family, if the non-household member resides at the jointly owned property; (C) Any person who is a victim of domestic violence, dating violence, sexual assault, or stalking, as defined in this part 5 (subpart L); or (D) Any family that is offering such property for sale. (2) A property will be considered “suitable for occupancy” under paragraph (a)(1)(ii) of this section unless the family demonstrates that it: (i) Does not meet the disability-related needs for all members of the family ( e.g., physical accessibility requirements, disability-related need for additional bedrooms, proximity to accessible transportation, etc.); (ii) Is not sufficient for the size of the family; (iii) Is geographically located so as to be a hardship for the family ( e.g., the distance or commuting time between the property and the family's place of work or school would be a hardship to the family, as determined by the PHA or own… | |||||
| 24:24:1.1.1.1.5.6.20.10 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.628 Total tenant payment. | HUD | [65 FR 16718, Mar. 29, 2000, as amended at 88 FR 9661, Feb. 14, 2023] | (a) Determining total tenant payment (TTP). Total tenant payment is the highest of the following amounts, rounded to the nearest dollar: (1) 30 percent of the family's monthly adjusted income; (2) 10 percent of the family's monthly income; (3) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of those payments which is so designated; (4) The minimum rent, as determined in accordance with § 5.630; or (5) For public housing only, the alternative non-public housing rent, as determined in accordance with § 960.102 of this title. (b) Determining TTP if family's welfare assistance is ratably reduced. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under paragraph (a)(3) of this section is the amount resulting from one application of the percentage. | |||||
| 24:24:1.1.1.1.5.6.20.11 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.630 Minimum rent. | HUD | [65 FR 16718, Mar. 29, 2000, as amended at 89 FR 38290, May 7, 2024] | (a) Minimum rent. (1) The PHA must charge a family no less than a minimum monthly rent established by the responsible entity, except as described in paragraph (b) of this section. (2) For the public housing program and the section 8 moderate rehabilitation or voucher programs, the PHA may establish a minimum rent of up to $50. (3) For other section 8 programs, the minimum rent is $25. (b) Financial hardship exemption from minimum rent —(1) When is family exempt from minimum rent? The responsible entity must grant an exemption from payment of minimum rent if the family is unable to pay the minimum rent because of financial hardship, as described in the responsible entity's written policies. Financial hardship includes these situations: (i) When the family has lost eligibility for or is awaiting an eligibility determination for a Federal, State, or local assistance program, including a family that includes a member who is a noncitizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for title IV of the Personal Responsibility and Work Opportunity Act of 1996; (ii) When the family would be evicted because it is unable to pay the minimum rent; (iii) When the income of the family has decreased because of changed circumstances, including loss of employment; (iv) When a death has occurred in the family; and (v) Other circumstances determined by the responsible entity or HUD. (2) What happens if family requests a hardship exemption? (i) Public housing. (A) If a family requests a financial hardship exemption, the PHA must suspend the minimum rent requirement beginning the month following the family's request for a hardship exemption, and continuing until the PHA determines whether there is a qualifying financial hardship and whether it is temporary or long term. (B) The PHA must promptly determine whether a qualifying hardship exists and whether it is temporary or long term. (C) The PHA may not evict the family for nonpayme… | |||||
| 24:24:1.1.1.1.5.6.20.12 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.632 Utility reimbursements. | HUD | [65 FR 16719, Mar. 29, 2000, as amended at 82 FR 58339, Dec. 12, 2017; 89 FR 38290, May 7, 2024] | (a) Applicability. This section is applicable to: (1) The Section 8 programs other than the Section 8 voucher program (for distribution of a voucher housing assistance payment that exceeds rent to owner, see § 982.514(b) of this title); (2) A public housing family paying an income-based rent (see § 960.253 of this title). (Utility reimbursement is not paid for a public housing family that is paying a flat rent.) (b) Payment of utility reimbursement. (1) The responsible entity pays a utility reimbursement if the utility allowance (for tenant-paid utilities) exceeds the amount of the total tenant payment. The responsible entity has the option of making utility reimbursement payments not less than once per calendar-year quarter, for reimbursements totaling $45 or less per quarter. In the event a family leaves the program in advance of its next quarterly reimbursement, the responsible entity must reimburse the family for a prorated share of the applicable reimbursement. PHAs and owners exercising this option must have a hardship policy in place for tenants. (2) In the public housing program (where the family is paying an income-based rent), the Section 8 moderate rehabilitation program and the Section 8 voucher program, the PHA may pay the utility reimbursement either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. If the PHA elects to pay the utility supplier, the PHA must notify the family of the amount paid to the utility supplier. (3) In the other Section 8 programs, the owner must pay the utility reimbursement either: (i) To the family, or (ii) With consent of the family, to the utility supplier to pay the utility bill on behalf of the family. | |||||
| 24:24:1.1.1.1.5.6.20.13 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.634 Tenant rent. | HUD | [65 FR 16719, Mar. 29, 2000] | (a) Section 8 programs. For Section 8 programs other than the Section 8 voucher program, tenant rent is total tenant payment minus any utility allowance. (b) Public housing. See § 960.253 of this title for the determination of tenant rent. | |||||
| 24:24:1.1.1.1.5.6.21.14 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.653 Section 8 project-based assistance programs: Admission—Income-eligibility and income-targeting. | HUD | [65 FR 16719, Mar. 29, 2000, as amended at 89 FR 38290, May 7, 2024] | (a) Applicability. This section describes requirements concerning income-eligibility and income-targeting that apply to the Section 8 project-based assistance programs, except for the moderate rehabilitation and the project-based voucher programs. (b) Who is eligible? —(1) Basic eligibility. An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum, the applicant must be a family, as defined in § 5.403, and must be income-eligible, as described in this section. Such eligible applicants include single persons. (2) Low income limit. No family other than a low income family is eligible for admission to the Section 8 project-based assistance programs. (This paragraph (b) does not apply to the Section 8 project-based voucher program under part 983 of this title.) (c) Targeting to extremely low income families. For each project assisted under a contract for project-based assistance, of the dwelling units that become available for occupancy in any fiscal year that are assisted under the contract, not less than 40 percent shall be available for leasing only by families that are extremely low income families at the time of admission. (d) Limitation on admission of non-very low income families —(1) Admission to units available before October 1, 1981. Not more than 25 percent of the Section 8 project-based dwelling units that were available for occupancy under Section 8 Housing Assistance Payments Contracts effective before October 1, 1981 and that are leased on or after that date shall be available for leasing by low income families other than very low income families. HUD reserves the right to limit the admission of low income families other than very low income families to these units. (2) Admission to units available on or after October 1, 1981. Not more than 15 percent of the Section 8 project-based dwelling units that initially become available for occupancy under Section 8 Housing Assistance Payments (HAP) Contracts on or after October 1, 1981 shall be… | |||||
| 24:24:1.1.1.1.5.6.21.15 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.655 Section 8 project-based assistance programs: Owner preferences in selection for a project or unit. | HUD | [65 FR 16720, Mar. 29, 2000, as amended at 89 FR 38290, May 7, 2024] | (a) Applicability. This section applies to the section 8 project-based assistance programs. The section describes requirements concerning the Section 8 owner's selection of residents to occupy a project or unit, except for the moderate rehabilitation and the project-based voucher programs. (b) Selection —(1) Selection for owner's project or unit. Selection for occupancy of a project or unit is the function of the Section 8 owner. However, selection is subject to the income-eligibility and income-targeting requirements in § 5.653. (2) Tenant selection plan. The owner must adopt a written tenant selection plan in accordance with HUD requirements. (3) Amount of income. The owner may not select a family for occupancy of a project or unit in an order different from the order on the owner's waiting list for the purpose of selecting a relatively higher income family. However, an owner may select a family for occupancy of a project or unit based on its income in order to satisfy the targeting requirements of § 5.653(c). (4) Selection for particular unit. In selecting a family to occupy a particular unit, the owner may match family characteristics with the type of unit available, for example, number of bedrooms. If a unit has special accessibility features for persons with disabilities, the owner must first offer the unit to families which include persons with disabilities who require such features (see §§ 8.27 and 100.202 of this title). (5) Housing assistance limitation for single persons. A single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a resident family may not be provided a housing unit with two or more bedrooms. (c) Particular owner preferences. The owner must inform all applicants about available preferences and must give applicants an opportunity to show that they qualify for available preferences. (1) Residency requirements or preferences. (i) Residency requirements are prohibited. Although the owner is not prohibited from ad… | |||||
| 24:24:1.1.1.1.5.6.21.16 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.657 Section 8 project-based assistance programs: Reexamination of family income and composition. | HUD | [65 FR 16720, Mar. 29, 2000, as amended at 81 FR 12371, Mar. 8, 2016; 82 FR 58340, Dec. 12, 2017; 85 FR 27139, May 7, 2020; 88 FR 9661, Feb. 14, 2023; 89 FR 38290, May 7, 2024] | (a) Applicability. This section states requirements for reexamination of family income and composition in the Section 8 project-based assistance programs, except for the moderate rehabilitation and the project-based voucher programs. (b) Regular reexamination. The owner must conduct a reexamination and redetermination of family income and composition at least annually. (c) Interim reexaminations. (1) Generally. A family may request an interim reexamination of family income because of any changes since the last examination. The owner must conduct any interim reexamination within a reasonable time after the family request or when the owner becomes aware of an increase in family adjusted income under paragraph (c)(3) of this section. What qualifies as a “reasonable time” may vary based on the amount of time it takes to verify information, but such time generally should not exceed 30 days from the date a family reports changes in income to an owner. (2) Decreases in the family's annual adjusted income. The owner may decline to conduct an interim reexamination of family income if the owner estimates that the family's adjusted income will decrease by an amount that is less than ten percent of the family's annual adjusted income (or a lower amount established by HUD through notice), or such lower threshold established by the owner. (3) Increases in the family's annual adjusted income. The owner must conduct an interim reexamination of family income when the owner becomes aware that the family's adjusted income (as defined in § 5.611) has changed by an amount that the owner estimates will result in an increase of ten percent or more in annual adjusted income or such other amount established by HUD through notice, except: (i) The owner may not consider any increase in the earned income of the family when estimating or calculating whether the family's adjusted income has increased, unless the family has previously received an interim reduction under paragraph (c)(1) of this section during the certification… | |||||
| 24:24:1.1.1.1.5.6.21.17 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.659 Family information and verification. | HUD | [65 FR 16721, Mar. 29, 2000, as amended at 82 FR 58340, Dec. 12, 2017; 88 FR 9662, Feb. 14, 2023; 89 FR 38290, May 7, 2024] | (a) Applicability. This section states requirements for reexamination of family income and composition in the Section 8 project-based assistance programs, except for the moderate rehabilitation program and the project-based voucher programs. (b) Family obligation to supply information. (1) The family must supply any information that HUD or the owner determines is necessary in administration of the Section 8 program, including submission of required evidence of citizenship or eligible immigration status (as provided by part 5, subpart E of this title). “Information” includes any requested certification, release or other documentation. (2) The family must supply any information requested by the owner or HUD for use in a regularly scheduled reexamination or an interim reexamination of family income and composition in accordance with HUD requirements. (3) For requirements concerning the following, see part 5, subpart B of this title: (i) Family verification and disclosure of social security numbers; (ii) Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs). (4) Any information supplied by the family must be true and complete. (c) Family release and consent. (1) As a condition of admission to or continued occupancy of a unit with Section 8 assistance, the owner must require the family head, and such other family members as the owner designates, to execute a HUD-approved release and consent form (including any release and consent as required under § 5.230 of this title) authorizing any depository or private source of income, or any Federal, State or local agency, to furnish or release to the owner or HUD such information as the owner or HUD determines to be necessary. (2) The use or disclosure of information obtained from a family or from another source pursuant to this release and consent shall be limited to purposes directly connected with administration of the Section 8 program. (d) Owner responsibility for … | |||||
| 24:24:1.1.1.1.5.6.21.18 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | F | Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance | § 5.661 Section 8 project-based assistance programs: Approval for police or other security personnel to live in project. | HUD | [65 FR 16721, Mar. 29, 2000] | (a) Applicability. This section describes when a Section 8 owner may lease a Section 8 unit to police or other security personnel with continued Section 8 assistance for the unit. This section applies to the Section 8 project-based assistance programs. (b) Terms. (1) Security personnel means: (i) A police officer, or (ii) A qualified security professional, with adequate training and experience to provide security services for project residents. (2) Police officer means a person employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. (3) Security includes the protection of project residents, including resident project management from criminal or other activity that is a threat to person or property, or that arouses fears of such threat. (c) Owner application. (1) The owner may submit a written application to the contract administrator (PHA or HUD) for approval to lease an available unit in a Section 8 project to security personnel who would not otherwise be eligible for Section 8 assistance, for the purpose of increasing security for Section 8 families residing in the project. (2) The owner's application must include the following information: (i) A description of criminal activities in the project and the surrounding community, and the effect of criminal activity on the security of project residents. (ii) Qualifications of security personnel who will reside in the project, and the period of residence by such personnel. How owner proposes to check backgrounds and qualifications of any security personnel who will reside in the project. (iii) Full disclosure of any family relationship between the owner and any security personnel. For this purpose, “owner” includes a principal or other interested party. (iv) How residence by security personnel in a project unit will increase security for Section 8 assisted families residing in the project. (v) The amount payable monthly as rent to the unit owner… | |||||
| 24:24:1.1.1.1.5.7.22.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.701 Applicability. | HUD | (a) Scope. This subpart applies the national standards for the physical inspection of real estate standards to the following HUD programs: (1) All Public Housing programs (programs for housing assisted under the U.S. Housing Act of 1937 other than section 8 of the Act); (2) The Housing Choice Voucher program under section 8(o) of the U.S. Housing Act of 1937, part 982 of this title and the Project-Based Voucher program under section 8(o)(13) of the Act and the regulations at 24 CFR part 983 (referred to in this part as the HCV and PBV programs, or HCV and PBV housing); (3) All project-based Section 8 programs; (4) Section 202 Supportive Housing for the Elderly (Capital Advances); (5) Section 811 Supportive Housing for Persons with Disabilities (Capital Advances); (6) Section 202 direct loan program for projects for the elderly and persons with disabilities as it existed before October 1, 1991 (including 202/8 projects and 202/162 projects); and (7) Housing with mortgages insured or held by HUD, or housing that is receiving assistance from HUD, under the following authorities: (i) Section 207 of the National Housing Act (NHA) (12 U.S.C. 1701 et seq. ) (Rental Housing Insurance); (ii) Section 213 of the NHA (Cooperative Housing Insurance); (iii) Section 220 of the NHA (Rehabilitation and Neighborhood Conservation Housing Insurance); (iv) Section 221(d)(3) of the NHA (Market Interest Rate (MIR) program); (v) Section 221(d)(3) and (5) of the NHA (Below Market Interest Rate (BMIR) program); (vi) Section 221(d)(4) of the NHA (Housing for Moderate Income and Displaced Families); (vii) Section 231 of the NHA (Housing for Elderly Persons); (viii) Section 232 of the NHA (Mortgage Insurance for Nursing Homes, Intermediate Care Facilities, Assisted Living Facilities, Board and Care Homes); (ix) Section 234(d) of the NHA (Rental) (Mortgage Insurance for Condominiums); (x) Section 236 of the NHA (Rental and Cooperative Housing for Lower Income Families); (xi) Section 241 of the NHA (Supplemental Loans for … | ||||||
| 24:24:1.1.1.1.5.7.22.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.703 National standards for the condition of HUD housing. | HUD | (a) General. To ensure that all residents live in safe, habitable dwellings, the items and components located inside the building, outside the building, and within the units of HUD housing must be functionally adequate, operable, and free of health and safety hazards. The standards under this section apply to all HUD housing. HUD housing under the HCV, PBV, and Moderate Rehabilitation programs shall be subject to these standards only for: (1) The subsidized unit itself; and (2) Items and components within the primary and secondary means of egress from a unit's entry door(s) to the public way, those common features related to the residential use of the building (e.g., the laundry room, community room, mail room), and the systems equipment that directly services the subsidized unit. (b) Inside. Inside of HUD housing (or “inside areas”) refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. Examples of “inside” common areas may include, basements, interior or attached garages, enclosed carports, restrooms, closets, utility rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs, shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed balconies, and trash collection areas. Examples of building systems include those components that provide domestic water such as pipes, electricity, elevators, emergency power, fire protection, HVAC, and sanitary services. The inside area must meet the following affirmative requirements: (1) The inside area must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each level of the property. The Secretary may establish additional standards through Federal Register notification; (2) Except for housing subject to this subpart only through § 5.701(a)(6) or (7), or housing otherwise exempt from this requirement as provided elsewhere in this title, the inside area must meet or exceed the carbon monoxide … | ||||||
| 24:24:1.1.1.1.5.7.22.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.705 Inspection requirements. | HUD | (a) Procedures —(1) General. Any entity responsible for conducting an inspection of HUD housing to determine compliance with this subpart, must inspect and score such HUD housing in accordance with the standards and procedures for identifying safe, habitable housing set out by the Secretary and published in the Federal Register as described in § 5.711. The entity conducting the inspection shall identify each deficiency as “Life Threatening”, “Severe,” “Moderate”, or “Low.” (2) Inspection scope. The inspection requirement for HUD housing generally requires the inside, outside and unit to be inspected, in accordance with § 5.703. The inspection requirement for the tenant-based HCV program and the unit inspection for the PBV and Moderate Rehabilitation programs only applies to units occupied or to be occupied by HCV, PBV, and Moderate Rehabilitation participants, and common areas and exterior areas which either service or are associated with such units. (3) HCV and PBV variant inspection standards. (i) HUD may approve inspection criteria variations for the following purposes: (A) Variations which apply standards in local housing codes or other codes adopted by the PHA; or (B) Variations because of local climatic or geographic conditions. (ii) Acceptability criteria variations may only be approved by HUD pursuant to paragraph (a)(3)(i) of this section if such variations either: (A) Meet or exceed the performance requirements; or (B) Significantly expand affordable housing opportunities for families assisted under the program. (iii) HUD will not approve any inspection criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice. (iv) Approved variations must be added to the Administrative Plan as described in 24 CFR 982.54(d)(21). (b) Entity conducting inspections. HUD housing must be inspected by the appropriate entity as described in paragraph (b)(1) of this section, except as described in p… | ||||||
| 24:24:1.1.1.1.5.7.22.4 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.707 Uniform self-inspection requirement and report. | HUD | All PHAs and owners of HUD housing subject to an assistance contract, other than owners participating in the HCV, PBV, and Moderate Rehabilitation programs, are required to annually self-inspect their properties, including all units, to ensure the units are maintained in accordance with the standards in § 5.703. The owner or PHA must maintain the results of such self-inspections for three years and must provide the results to HUD upon request. This self-inspection is independent of other HUD inspections discussed in § 5.705. The owner or PHA may choose to conduct this inspection after a HUD inspection to satisfy this requirement and the post-report survey requirement at § 5.711(c)(2) simultaneously. | ||||||
| 24:24:1.1.1.1.5.7.22.5 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.709 Administrative process for defining and revising inspection criteria. | HUD | (a) Inspection standards and scoring methodology. The Secretary will publish in the Federal Register, following notice and the opportunity to comment, a standards notification with a list of deficiencies and the relative severity of these deficiencies to use for inspecting HUD housing. This Federal Register document will also include the factors for determining if an HCV, PBV, or Moderate Rehabilitation unit passes or fails the inspection. The Secretary will also publish in the Federal Register, following notice and opportunity to comment, a scoring notification containing the methodologies to use for scoring and ranking HUD housing. After considering the public comments received on these Federal Register documents, the Secretary will publish documents announcing the new inspections standards and scoring methodologies, and the date on which these notifications become effective. (1) Revisions. The Secretary will issue a notification in the Federal Register published for at least 30 days of public comment making any revisions to the inspection and scoring procedures HUD deems necessary, at least once every three years, or three years after the most recent revision, whichever is later. (2) Emergency revisions. The Secretary may publish a notification without 30 days of public comment in the case of an emergency to protect Federal financial resources or the health or safety of residents of HUD housing, after HUD makes a documented determination that such action is warranted due to: (i) A Life-Threatening deficiency or Severe deficiency and other significant risks to safety as outlined in § 5.703; (ii) A new safety concern due to changing construction technology; or (iii) Other events as determined by the Secretary. (b) [Reserved] | ||||||
| 24:24:1.1.1.1.5.7.22.6 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.711 Scoring, ranking criteria, and appeals. | HUD | (a) Applicability. Administrative process for scoring and ranking the physical condition of HUD housing properties under this section does not apply to the HCV, PBV or Moderate Rehabilitation programs. PHAs administering HCV and PBV programs will be assessed under the Section 8 Management Assessment Program (“SEMAP”) or the small rural PHA assessment in accordance with 24 CFR part 985, and PHAs administering the Moderate Rehabilitation programs are subject to HUD review in accordance with 24 CFR 882.517. (b) Scoring and ranking of HUD housing —(1) General. HUD's Real Estate Assessment Center (REAC), or the appropriate entity either as described in § 5.705(b), or as identified in the regulator agreement or contract for the property as described in § 5.705(b)(1), will score and rank the physical condition of HUD housing properties in accordance with the procedures set out by the Secretary in § 5.709. (2) Public housing programs. PHAs operating public housing will be scored and ranked under the Public Housing Assessment System (“PHAS”) outlined in part 902 of this title. (c) Inspection report requirements. (1) Life-Threatening deficiencies and Severe deficiencies. Upon completion of an inspection, or at the end of each day on a multiple-day inspection, REAC, or the appropriate party as described in § 5.705(b), will provide the owner or PHA or owner's representative, a notice of any items classified as Life-Threatening or Severe deficiencies. All Life-Threatening items must be corrected within 24 hours of receipt of notice of these items, unless HUD approves a variation. All Severe items must be corrected within 24 hours of receipt of notice, unless indicated otherwise within the individual inspection standards published in the Federal Register with notice and the opportunity for comment, or HUD approves a variation. The owner or PHA or owner's representative must electronically certify and provide supporting evidence within 2 business days after the deadline to correct the Life-Threatening and Sever… | ||||||
| 24:24:1.1.1.1.5.7.22.7 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | G | Subpart G—Physical Inspection of Real Estate | § 5.713 Second- and third-party rights. | HUD | Nothing in this subpart is intended to create any right of the family residing in HUD Housing or any party, other than HUD or a PHA, to require enforcement of the standards required by this subpart or to assert any claim against HUD or the PHA for damages, injunction, or other relief for alleged failure to enforce the standards. | ||||||
| 24:24:1.1.1.1.5.8.22.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | H | Subpart H—Uniform Financial Reporting Standards | § 5.801 Uniform financial reporting standards. | HUD | [63 FR 46591, Sept. 1, 1998, as amended at 64 FR 1505, Jan. 11, 1999; 64 FR 33755, June 24, 1999; 65 FR 16295, Mar. 27, 2000; 67 FR 53451, Aug. 15, 2002; 77 FR 55134, Sept. 7, 2012; 78 FR 57060, Sept. 17, 2013; 79 FR 55362, Sept. 16, 2014; 80 FR 75934, Dec. 7, 2015; 89 FR 30276, Apr. 23, 2024; 89 FR 38290, May 7, 2024] | (a) Applicability. This subpart H implements uniform financial reporting standards for: (1) Public housing agencies (PHAs) receiving assistance under sections 5, 9, or 14 of the 1937 Act (42 U.S.C. 1437c, 1437g, and 1437 l ) (Public Housing); (2) PHAs as contract administrators for any Section 8 project-based or tenant-based housing assistance payments program, which includes assistance under the following programs: (i) Section 8 project-based housing assistance payments programs, including, but not limited to, the Section 8 New Construction, Substantial Rehabilitation, Loan Management Set-Aside, Property Disposition, and Moderate Rehabilitation (including the Single Room Occupancy program for homeless individuals); (ii) Section 8 Project-Based Voucher programs; (iii) Any program providing Section 8 project-based renewal contracts; and (iv) Section 8 tenant-based assistance under the Section 8 Voucher program. (3) Owners of housing assisted under any Section 8 project-based housing assistance payments program: (i) Including, but not limited to, the Section 8 New Construction, Substantial Rehabilitation, Loan Management Set-Aside, and Property Disposition programs; (ii) Excluding the Section 8 Moderate Rehabilitation Program (which includes the Single Room Occupancy program for homeless individuals) and the Section 8 Project-Based Voucher Program; (4) Owners of multifamily projects receiving direct or indirect assistance from HUD, or with mortgages insured, coinsured, or held by HUD, including but not limited to housing under the following HUD programs: (i) Section 202 Program of Supportive Housing for the Elderly; (ii) Section 811 Program of Supportive Housing for Persons with Disabilities; (iii) Section 202 loan program for projects for the elderly and handicapped (including 202/8 projects and 202/162 projects); (iv) Section 207 of the National Housing Act (NHA) (12 U.S.C. 1701 et seq. ) (Rental Housing Insurance); (v) Section 213 of the NHA (Cooperative Housing Insurance); (vi) Section 220 of… | |||||
| 24:24:1.1.1.1.5.9.22.1 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | I | Subpart I—Preventing Crime in Federally Assisted Housing—Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse | § 5.850 Which subsidized housing is covered by this subpart? | HUD | (a) If you are the owner of federally assisted housing, your federally assisted housing is covered, except as provided in paragraph (b) or (c) of this section. (b) If you are operating public housing, this subpart does not apply, but similar provisions applicable to public housing units are found in parts 960 and 966 of this title. If you administer tenant-based assistance under Section 8 or you are the owner of housing assisted with tenant-based assistance under Section 8, this subpart does not apply to you, but similar provisions that do apply are located in part 982 of this title. (c) If you own or administer housing assisted by the Rural Housing Administration under section 514 or section 515 of the Housing Act of 1949, this subpart does not apply to you. | ||||||
| 24:24:1.1.1.1.5.9.22.2 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | I | Subpart I—Preventing Crime in Federally Assisted Housing—Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse | § 5.851 What authority do I have to screen applicants and to evict tenants? | HUD | (a) Screening applicants. You are authorized to screen applicants for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to take action to deny admission to applicants under certain circumstances in accordance with established standards, as described in this subpart. The provisions of this subpart do not constrain your authority to screen out applicants who you determined are unsuitable under your standards for admission. (b) Terminating tenancy. You are authorized to terminate tenancy of tenants, in accordance with your leases and landlord-tenant law for the programs covered by this part. The provisions of this subpart implement statutory directives that either require or permit you to terminate tenancy under certain circumstances, as provided in 42 U.S.C. 1437f, 1437n, and 13662, in accordance with established standards, as described in this subpart. You retain authority to terminate tenancy on any basis that is otherwise authorized. | ||||||
| 24:24:1.1.1.1.5.9.22.3 | 24 | Housing and Urban Development | 5 | PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS | I | Subpart I—Preventing Crime in Federally Assisted Housing—Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse | § 5.852 What discretion do I have in screening and eviction actions? | HUD | (a) General. If the law and regulation permit you to take an action but do not require action to be taken, you may take or not take the action in accordance with your standards for admission and eviction. Consistent with the application of your admission and eviction standards, you may consider all of the circumstances relevant to a particular admission or eviction case, such as: (1) The seriousness of the offending action; (2) The effect on the community of denial or termination or the failure of the responsible entity to take such action; (3) The extent of participation by the leaseholder in the offending action; (4) The effect of denial of admission or termination of tenancy on household members not involved in the offending action; (5) The demand for assisted housing by families who will adhere to lease responsibilities; (6) The extent to which the leaseholder has shown personal responsibility and taken all reasonable steps to prevent or mitigate the offending action; and (7) The effect of the responsible entity's action on the integrity of the program. (b) Exclusion of culpable household member. You may require an applicant (or tenant) to exclude a household member in order to be admitted to the housing program (or continue to reside in the assisted unit), where that household member has participated in or been culpable for action or failure to act that warrants denial (or termination). (c) Consideration of rehabilitation. (1) In determining whether to deny admission or terminate tenancy for illegal use of drugs or alcohol abuse by a household member who is no longer engaged in such behavior, you may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this purpose, you may require the applicant or tenant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol reh… |
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