cfr_sections
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32 rows where part_number = 960 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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| 24:24:4.1.3.1.11.1.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.101 Applicability. | HUD | This part is applicable to public housing. | |||||
| 24:24:4.1.3.1.11.1.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.102 Definitions. | HUD | [65 FR 16724, Mar. 29, 2000, as amended at 66 FR 28799, May 24, 2001; 81 FR 12372, Mar. 8, 2016; 81 FR 80815, Nov. 16, 2016; 88 FR 9669, Feb. 14, 2023] | (a) Definitions found elsewhere: (1) General definitions. The following terms are defined in 24 CFR part 5, subpart A: 1937 Act, drug, drug-related criminal activity, elderly person, federally assisted housing, guest, household, HUD, MSA, premises, public housing, public housing agency (PHA), Section 8, violent criminal activity. (2) Definitions under the 1937 Act. The following terms are defined in 24 CFR part 5, subpart D: annual contributions contract (ACC), applicant, elderly family, family, person with disabilities. (3) Definitions and explanations concerning income and rent. The following terms are defined or explained in 24 CFR part 5, subpart F (§ 5.603): Annual income, economic self-sufficiency program, extremely low-income family, low-income family, tenant rent, total tenant payment, utility allowance. (b) Additional definitions. In addition to the definitions in paragraph (a), the following definitions and cross-references apply: Alternative non-public housing rent. A monthly rent equal to the greater of— (i) The applicable fair market rent, as defined in 24 CFR part 888, subpart A, for the unit; or (ii) The amount of the monthly subsidy provided for the unit, which will be determined by adding the per unit assistance provided to a public housing property as calculated through the applicable formulas for the Public Housing Capital Fund and Public Housing Operating Fund. (A) For the Public Housing Capital Fund, the amount of Capital Funds provided to the unit will be calculated as the per unit Capital Fund assistance provided to a PHA for the development in which the family resides for the most recent funding year for which Capital Funds have been allocated; (B) For the Public Housing Operating Fund, the amount of Operating Funds provided to the unit will be calculated as the per unit amount provided to the public housing project where the unit is located for the most recent funding year for which a final funding obligation determination has been made; (C) HUD will publish such fundin… | ||||
| 24:24:4.1.3.1.11.1.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | A | Subpart A—Applicability, Definitions, Equal Opportunity Requirements | § 960.103 Equal opportunity requirements and protection for victims of domestic violence, dating violence, sexual assault, or stalking. | HUD | [65 FR 16724, Mar. 29, 2000, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) Applicable requirements. The PHA must administer its public housing program in accordance with all applicable equal opportunity requirements imposed by contract or federal law, including the authorities cited in § 5.105(a) of this title. (b) PHA duty to affirmatively further fair housing. The PHA must affirmatively further fair housing in the administration of its public housing program. (c) Equal opportunity certification. The PHA must submit signed equal opportunity certifications to HUD in accordance with § 903.7(o) of this title, including certification that the PHA will affirmatively further fair housing. (d) Protection for victims of domestic violence, dating violence, sexual assault, or stalking. The PHA must apply the requirements in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). | ||||
| 24:24:4.1.3.1.11.2.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.200 Purpose. | HUD | [66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) This subpart states HUD eligibility and selection requirements for admission to public housing. (b) See also related HUD regulations in this title concerning these subjects: (1) 1937 Act definitions: part 5, subpart D; (2) Restrictions on assistance to noncitizens: part 5, subpart E; (3) Family income and family payment: part 5, subpart F; (4) Public housing agency plans: part 903; (5) Rent and reexamination: part 960, subpart C; (6) Mixed population developments: part 960, subpart D; (7) Occupancy by over-income families or police officers: part 960, subpart E. (8) Protection for victims of domestic violence, dating violence, sexual assault, or stalking, 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). | ||||
| 24:24:4.1.3.1.11.2.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.201 Eligibility. | HUD | [66 FR 28799, May 24, 2001, as amended at 88 FR 9670, Feb. 14, 2023] | (a) 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 of this title, must be income-eligible, as described in this section, and must meet the net asset and property ownership restriction requirements in § 5.618 of this title. Such eligible applicants include single persons. (2) Low income limit. No family other than a low income family is eligible for admission to a PHA's public housing program. (b) Income used for eligibility and targeting. Family annual income (see § 5.609) is used both for determination of income eligibility under paragraph (a) and for PHA income targeting under § 960.202 (c) Reporting. The PHA must comply with HUD-prescribed reporting requirements that will permit HUD to maintain the data, as determined by HUD, necessary to monitor compliance with income eligibility and targeting requirement. | ||||
| 24:24:4.1.3.1.11.2.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.202 Tenant selection policies. | HUD | [66 FR 28799, May 24, 2001, as amended at 89 FR 38293, May 7, 2024] | (a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These policies shall provide for and include the following: (i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section. (ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903). (iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment; (iv) Objective and reasonable policies for selection by the PHA among otherwise eligible applicants, including requirements for applications and waiting lists (see 24 CFR 1.4), and for verification and documentation of information relevant to acceptance or rejection of an applicant, including documentation and verification of citizenship and eligible immigration status under 24 CFR part 5; and (v) Policies of participant transfer between units, developments, and programs. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA. (b) Targeting admissions to extremely low income families —(1) Targeting requirement. (i) Not less than 40 percent of the families admitted to a PHA's public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income families. This is called the “basic targeting requirement.” (ii) To the extent provided in paragraph (b)(2) of this section, admission of extremely low income families to the PHA's Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting requirement. (iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration requirements found in part 903 of this chapter. (2) Credit for admissions to PHA voucher program. (i) If admissions of extremely low income families to the PH… | ||||
| 24:24:4.1.3.1.11.2.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.203 Standards for PHA tenant selection criteria. | HUD | [66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010; 81 FR 80815, Nov. 16, 2016] | (a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual attributes and behavior of an applicant and shall not be related to those which may be imputed to a particular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in § 960.206. (b) Under the Public Housing Assessment System (PHAS), PHAs that have adopted policies, implemented procedures and can document that they successfully screen out and deny admission to certain applicants with unfavorable criminal histories receive points. (See 24 CFR 902.43(a)(5).) This policy takes into account the importance of screening to public housing communities and program integrity, and the demand for assisted housing by families who will adhere to lease responsibilities. (c) In selection of families for admission to its public housing program, or to occupy a public housing development or unit, the PHA is responsible for screening family behavior and suitability for tenancy. The PHA may consider all relevant information, which may include, but is not limited to: (1) An applicant's past performance in meeting financial obligations, especially rent; (2) A record of disturbance of neighbors, destruction of property, or living or housekeeping habits at prior residences which may adversely affect the health, safety or welfare of other tenants; and (3) A history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants. (See § 960.204.) With respect to criminal activity described in § 960.204: (i) The PHA may require an applicant to exclude a household member in order to be admitted to the housing program where that household member has participated in or been culpable for actions described in § 960.204 that warrants denial. (ii) The PHA may, where a statute requires that the PHA prohibit admission for a prescribed period … | ||||
| 24:24:4.1.3.1.11.2.5.5 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.204 Denial of admission for criminal activity or drug abuse by household members. | HUD | (a) Required denial of admission —(1) Persons evicted for drug-related criminal activity. The PHA standards must prohibit admission of an applicant to the PHA's public housing program for three years from the date of the eviction if any household member has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may admit the household if the PHA determines: (i) The evicted household member who engaged in drug-related criminal activity has successfully completed a supervised drug rehabilitation program approved by the PHA; or (ii) The circumstances leading to the eviction no longer exist (for example, the criminal household member has died or is imprisoned). (2) Persons engaging in illegal use of a drug. The PHA must establish standards that prohibit admission of a household to the PHA's public housing program if: (i) The PHA determines that any household member is currently engaging in illegal use of a drug (For purposes of this section, a household member is “currently engaged in” the criminal activity if the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is current); or (ii) The PHA determines that it has reasonable cause to believe that a household member's illegal use or pattern of illegal use of a drug may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. (3) Persons convicted of methamphetamine production. The PHA must establish standards that permanently prohibit admission to the PHA's public housing program if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (4) Persons subject to sex offender registration requirement. The PHA must establish standards that prohibit admission to the PHA's public housing program if any member of the household is subject to a lifetime registration requirement under a State sex offender registrati… | |||||
| 24:24:4.1.3.1.11.2.5.6 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.205 Drug use by applicants: Obtaining information from drug treatment facility. | HUD | (a) Purpose. This section addresses a PHA's authority to request and obtain information from drug abuse treatment facilities concerning applicants. This section does not apply to information requested or obtained from drug abuse treatment facilities other than under the authority of section 6(t). (b) Additional terms used in this section are as follows: (1) Currently engaging in illegal use of a drug. Illegal use of a drug occurred recently enough to justify a reasonable belief that there is continuing illegal drug use by a household member. (2) Drug abuse treatment facility. An entity: (i) That holds itself out as providing, and provides, diagnosis, treatment, or referral for treatment with respect to the illegal drug use; and (ii) That is either an identified unit within a general care facility; or an entity other than a general medical care facility. (c) Authorization by household member for PHA to receive information from a drug abuse treatment facility. (1) The PHA may require each applicant to submit for all household members who are at least 18 years of age, and for each family head or spouse regardless of age, one or more consent forms signed by such household member that: (i) Requests any drug abuse treatment facility to inform the PHA only whether the drug abuse treatment facility has reasonable cause to believe that the household member is currently engaging in illegal drug use; (ii) Complies with the form of written consent required by 42 CFR 2.31; and (iii) Authorizes the PHA to receive such information from the drug abuse treatment facility, and to utilize such information in determining whether to prohibit admission of the household member to the PHA's public housing program in accordance with § 960.203. (See the Public Health Service Act, 42 U.S.C. 290dd-2, and implementing regulations at 42 CFR part 2, with respect to responsibilities of the drug abuse treatment facility.) (2) The consent form submitted for a proposed household member must expire automatically after the PHA ha… | |||||
| 24:24:4.1.3.1.11.2.5.7 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.206 Waiting list: Local preferences in admission to public housing program. | HUD | [66 FR 28799, May 24, 2001, as amended at 81 FR 80815, Nov. 16, 2016; 88 FR 9670, Feb. 14, 2023] | (a) Establishment of PHA local preferences. (1) The PHA may adopt a system of local preferences for selection of families admitted to the PHA's public housing program. The PHA system of selection preferences must be based on local housing needs and priorities as determined by the PHA. In determining such needs and priorities, the PHA shall use generally accepted data sources. Such sources include public comment on the PHA plan (as received pursuant to § 903.17 of this chapter), and on the consolidated plan for the relevant jurisdiction (as received pursuant to part 91 of this title). (2) The PHA may limit the number of applicants that qualify for any local preference. (3) PHA adoption and implementation of local preferences is subject to HUD requirements concerning income-targeting (§ 960.202(b)), deconcentration and income-mixing (§ 903.7), and selection preferences for developments designated exclusively for elderly or disabled families or for mixed population developments (§ 960.407). (4) The PHA must inform all applicants about available preferences and must give applicants an opportunity to show that they qualify for available preferences. (b) Particular local preferences —(1) Residency requirements or preferences. (i) Residency requirements are prohibited. Although a PHA is not prohibited from adopting a residency preference, the PHA may only adopt or implement residency preferences in accordance with non-discrimination and equal opportunity requirements listed at § 5.105(a) of this title. (ii) A residency preference is a preference for admission of persons who reside in a specified geographic area (“residency preference area”). A county or municipality may be used as a residency preference area. An area smaller than a county or municipality may not be used as a residency preference area. (iii) Any PHA residency preferences must be included in the statement of PHA policies that govern eligibility, selection and admission to the program, which is included in the PHA annual plan (or supporting docu… | ||||
| 24:24:4.1.3.1.11.2.5.8 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | B | Subpart B—Admission | § 960.208 Notification to applicants. | HUD | (a) The PHA must promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination, and must provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination. (b) When a determination has been made that an applicant is eligible and satisfies all requirements for admission, including the tenant selection criteria, the applicant must be notified of the approximate date of occupancy insofar as that date can be reasonably determined. | |||||
| 24:24:4.1.3.1.11.3.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.253 Choice of rent. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 80 FR 53712, Sept. 8, 2015; 81 FR 12372, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023] | (a) Rent options —(1) Annual choice by family. Once a year, the PHA must give each family the opportunity to choose between the two methods for determining the amount of tenant rent payable monthly by the family. The family may choose to pay as tenant rent either a flat rent as determined in accordance with paragraph (b) of this section, or an income-based rent as determined in accordance with paragraph (c) of this section. Except for financial hardship cases as provided in paragraph (d) of this section, the family may not be offered this choice more than once a year. (2) Relation to minimum rent. Regardless of whether the family chooses to pay a flat rent or income-based rent, the family must pay at least the minimum rent as determined in accordance with § 5.630 of this title. (3) Relation to non-public housing over-income families. Non-public housing over-income families must pay the alternative non-public housing rent, as applicable, as determined in accordance with § 960.102. (b) Flat rent . The flat rent is determined annually, based on the market rental value of the unit as determined by this paragraph (b). (1) The PHA must establish a flat rent for each public housing unit that is no less than 80 percent of the applicable Fair Market Rent (FMR) as determined under 24 CFR part 888, subpart A; or (2) HUD may permit a flat rent of no less than 80 percent of an applicable small area FMR (SAFMR) or unadjusted rent, if applicable, as determined by HUD, or any successor determination, that more accurately reflects local market conditions and is based on an applicable market area that is geographically smaller than the applicable market area used in paragraph (b)(1) of this section. If HUD has not determined an applicable SAFMR or unadjusted rent, the PHA must rely on the applicable FMR under paragraph (b)(1) or may apply for an exception flat rent under paragraph (b)(3). (3) The PHA may request, and HUD may approve, on a case-by-case basis, a flat rent that is lower than the amounts in paragraphs (b… | ||||
| 24:24:4.1.3.1.11.3.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.255 Self-sufficiency incentives—Disallowance of increase in annual income. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9670, Feb. 14, 2023] | (a) 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 who is a member of a qualified family. Disallowance. Exclusion from annual income. Previously unemployed includes a person 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 public housing: (i) Whose annual income increases as a result of employment of a family member who was unemployed for one or more years previous to employment; (ii) Whose annual income increases as a result of increased earnings by a family member during participation in any economic self-sufficiency or other job training program; or (iii) Whose annual income increases, as a result of new employment or increased earnings of a family member, 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 PHA in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance—provided that the total amount over a six-month period is at least $500. (b) Disallowance of earned income —(1) Initial 12-month exclusion. During the 12-month period beginning on the date on which a member of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the PHA must exclude from the annual income (as defined in § 5.609 of this title) of a qualified family any increase in the income of the family membe… | ||||
| 24:24:4.1.3.1.11.3.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.257 Family income and composition: Annual and interim reexaminations. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 82 FR 58340, Dec. 12, 2017; 85 FR 27139, May 7, 2020; 88 FR 9670, Feb. 14, 2023; 88 FR 9670, Feb. 14, 2023] | (a) When PHA is required to conduct reexamination. (1) For families who pay an income-based rent, the PHA must conduct a reexamination of family income and composition at least annually and must make appropriate adjustments in the rent after consultation with the family and upon verification of the information. (2) For families who choose flat rents, the PHA must conduct a reexamination of family composition at least annually, and must conduct a reexamination of family income at least once every three years in accordance with the procedures in § 960.253(f). (3) For all families who include nonexempt individuals, as defined in § 960.601, the PHA must determine compliance once each twelve months with community service and self-sufficiency requirements in subpart F of this part. (4) The PHA may use the results of these reexaminations to require the family to move to an appropriate size unit. (5) For all non-public housing over-income families, the PHA may not conduct an annual reexamination of family income. (b) Interim reexaminations. (1) A family may request an interim reexamination of family income or composition because of any changes since the last determination. The PHA must conduct any interim reexamination within a reasonable period of time after the family request or when the PHA becomes aware of an increase in family adjusted income under paragraph (3) of this section. What qualifies as a “reasonable time” may vary based on the amount of time it takes to verify information, but generally should not be longer than 30 days after changes in income are reported. (2) The PHA may decline to conduct an interim reexamination of family income if the PHA estimates 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 by notice), or a lower threshold established by the PHA. (3) The PHA must conduct an interim reexamination of family income when the PHA becomes aware that the family's adjusted income… | ||||
| 24:24:4.1.3.1.11.3.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | C | Subpart C—Rent and Reexamination | § 960.259 Family information and verification. | HUD | [65 FR 16726, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016; 88 FR 9671, Feb. 14, 2023] | (a) Family obligation to supply information. (1) The family must supply any information that the PHA or HUD determines is necessary in administration of the public housing 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 PHA 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. (b) Family release and consent. (1) As a condition of admission to or continued assistance under the program, the PHA shall require the family head, and such other family members as the PHA designates, to execute a 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 PHA or HUD such information as the PHA 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 program. (c) PHA responsibility for reexamination and verification. (1) Except as provided in paragraph (c)(2) of this section, the PHA must obtain and document in the family file third-party verification of the following factors, or must document in the file why third-party verification was not available: (i) Reported family annual inco… | ||||
| 24:24:4.1.3.1.11.4.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.401 Purpose. | HUD | This subpart establishes a preference for elderly families and disabled families for admission to mixed population public housing projects, as defined in § 960.405. | |||||
| 24:24:4.1.3.1.11.4.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.403 Applicability. | HUD | (a) This subpart applies to all dwelling units in mixed population projects (as defined in § 960.405), or portions of mixed population projects, assisted under the U.S. Housing Act of 1937. These projects formerly were known as elderly projects. (b) This subpart does not apply to section 23 and section 10(c) leased housing projects or the section 23 Housing Assistance Payments Program where the owners enter into leases directly with the tenants, or to the Section 8 Housing Assistance Payments Program, the Low-Rent Housing Homeownership Opportunities Program (Turnkey III), the Mutual Help Homeownership Opportunities Program, or to Indian Housing Authorities. (For applicability to Indian Housing Authorities, see part 905 of this chapter.) Additionally, this subpart is not applicable to projects designated for elderly families or designated for disabled families in accordance with 24 CFR part 945. | |||||
| 24:24:4.1.3.1.11.4.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | D | Subpart D—Preference for Elderly Families and Disabled Families in Mixed Population Projects | § 960.407 Selection preference for mixed population developments. | HUD | [65 FR 16729, Mar. 29, 2000] | (a) The PHA must give preference to elderly families and disabled families equally in determining priority for admission to mixed population developments. The PHA may not establish a limit on the number of elderly families or disabled families who may be accepted for occupancy in a mixed population development. (b) In selecting elderly families and disabled families to occupy units in mixed population developments, the PHA must first offer units that have special accessibility features for persons with disabilities to families who include persons with disabilities who require the accessibility features of such units (see §§ 8.27 and 100.202 of this title). | ||||
| 24:24:4.1.3.1.11.5.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.503 Occupancy by over-income families. | HUD | A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), in accordance with its PHA annual plan (or supporting documents), if all the following conditions are satisfied: (a) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (b) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family; (c) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (d) The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (e) The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. | ||||||
| 24:24:4.1.3.1.11.5.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.505 Occupancy by police officers to provide security for public housing residents. | HUD | (a) Police officer. For purpose of this subpart E, “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, 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. An officer of an accredited police force of a housing agency may qualify. (b) Occupancy in public housing. For the purpose of increasing security for residents of a public housing development, the PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include in the PHA annual plan or supporting documents the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. | ||||||
| 24:24:4.1.3.1.11.5.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.507 Families exceeding the income limit. | HUD | [88 FR 9671, Feb. 14, 2023] | (a) In general. Families participating in the public housing program must not have incomes that exceed the over-income limit, as determined by paragraph (b) of this section, for more than 24 consecutive months. (1) This provision applies to all families in the public housing program, including FSS families and all families receiving EID. (i) Mixed families (as defined in § 5.504 of this title) who are non-public housing over-income families pay the alternative non-public housing rent (as defined in § 960.102), as applicable. (ii) All non-public housing over-income families are precluded from participating in a public housing resident council. (iii) Furthermore, non-public housing over-income families cannot participate in programs that are only for public housing or low-income families. (iv) PHAs cannot provide any Federal assistance, including a utility allowance, to non-public housing over-income families. (2) PHAs must implement the requirements of this section by amending all applicable admission and continued occupancy policies according to the provisions in 24 CFR part 903. All PHAs must have effective over-income policies, consistent with the requirements of this section, no later than June 14, 2023. (b) Determination of over-income limit. The over-income limit is determined by multiplying the applicable income limit for a very low-income family as defined in § 5.603(b) of this title, by a factor of 2.4. (c) Notifying over-income families. (1) If the PHA determines the family has exceeded the over-income limit pursuant to an income examination, the PHA must provide written notice to the family of the over-income determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over-income limit and continuing to exceed the over-income limit for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families in accordance with paragraph (d) of this section. Pursuant to 24 CFR part 9… | |||||
| 24:24:4.1.3.1.11.5.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | E | § 960.509 Lease requirements for non-public housing over-income families. | HUD | [88 FR 9671, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023] | (a) In general. If a family, when permitted by written PHA's continued occupancy policy, elects to remain in a public housing unit paying the alternative non-public housing rent, the PHA and each non-public housing over-income (NPHOI) family (referred to as the “tenant” in this section) must enter into a lease. The tenant and the PHA must execute the lease, as presented by the PHA pursuant to § 960.507(c)(3)(ii)(B) no later than 60 days after the notice provided pursuant to § 960.507(c)(3) or at the next lease renewal, whichever is sooner. If the tenant does not execute the lease within this time period, the PHA must terminate the tenancy of the tenant no more than 6 months after the notification under § 960.507(c)(3) in accordance with 960.507(d)(2). Notwithstanding, a PHA may permit, in accordance with its policies, an over-income family to execute the lease beyond this time period, but before termination of the tenancy, if the over-income family pays the PHA the total difference between the alternative non-public housing rent and their public housing rent dating back to the point in time that the over-income family was required to execute the lease. (b) Lease provisions. The non-public housing over-income lease must contain at a minimum the following provisions. (1) Parties, dwelling unit, and term. The lease must state: (i) The name of the PHA and names of the tenants. (ii) The unit rented (address, apartment number, and any other information needed to identify the dwelling unit). (iii) The term of the lease (lease term and renewal in accordance with paragraph (b)(2) of this section). (iv) A statement of the utilities, services, and equipment to be supplied by the PHA without additional cost, and the utilities and appliances to be paid for by the tenant. (v) The composition of the household as approved by the PHA (family members, foster children and adults, and any PHA-approved live-in aides). The family must promptly inform the PHA of the birth, adoption, or court-awarded custody of a child. The… | |||||
| 24:24:4.1.3.1.11.6.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.600 Implementation. | HUD | [88 FR 9675, Feb. 14, 2023] | PHAs and residents must comply with the requirements of this subpart beginning with PHA fiscal years that commence on or after October 1, 2000. Unless otherwise provided by § 903.11 of this chapter, Annual Plans submitted for those fiscal years are required to contain information regarding the PHA's compliance with the community service requirement, as described in § 903.7 of this chapter. Non-public housing over-income families are not required to comply with the requirements of this subpart. | ||||
| 24:24:4.1.3.1.11.6.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.601 Definitions. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 88 FR 9675, Feb. 14, 2023] | (a) Definitions found elsewhere —(1) General definitions. The following terms are defined in part 5, subpart A of this title: public housing, public housing agency (PHA). (2) Definitions concerning income and rent. The following terms are defined in part 5, subpart F of this title: economic self-sufficiency program, work activities. (b) Other definitions. In addition to the definitions in paragraph (a) of this section, the following definitions apply: Community service. The performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities. Exempt individual. An adult who: (1) Is 62 years or older; (2)(i) Is a blind or disabled individual, as defined under Section 216(i)(1) or Section 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who certifies that because of this disability she or he is unable to comply with the service provisions of this subpart, or (ii) Is a primary caretaker of such individual; (3) Is engaged in work activities; (4) Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program; (5) Is a member of a family receiving assistance, benefits or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such a program; or (6) is a member of a non-public housing over-income family. Service requirement. The … | ||||
| 24:24:4.1.3.1.11.6.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.603 General requirements. | HUD | (a) Service requirement. Except for any family member who is an exempt individual, each adult resident of public housing must: (1) Contribute 8 hours per month of community service (not including political activities); or (2) Participate in an economic self-sufficiency program for 8 hours per month; or (3) Perform 8 hours per month of combined activities as described in paragraphs (a)(1) and (a)(2) of this section. (b) Family violation of service requirement. The lease shall specify that it shall be renewed automatically for all purposes, unless the family fails to comply with the service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy during the course of the twelve month lease term (see § 966.4(l)(2)(i) of this chapter). | |||||
| 24:24:4.1.3.1.11.6.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.605 How PHA administers service requirements. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12373, Mar. 8, 2016] | (a) PHA policy. Each PHA must develop a local policy for administration of the community service and economic self-sufficiency requirements for public housing residents. (b) Administration of qualifying community service or self-sufficiency activities for residents. The PHA may administer qualifying community service or economic self-sufficiency activities directly, or may make such activities available through a contractor, or through partnerships with qualified organizations, including resident organizations, and community agencies or institutions. (c) PHA responsibilities. (1) The PHA policy must describe how the PHA determines which family members are subject to or exempt from the service requirement, and the process for determining any changes to exempt or non-exempt status of family members. (2) The PHA must give the family a written description of the service requirement, and of the process for claiming status as an exempt person and for PHA verification of such status. The PHA must also notify the family of its determination identifying the family members who are subject to the service requirement, and the family members who are exempt persons. The PHA must also notify the family that it will be validating a sample of self-certifications of completion of the service requirement accepted by the PHA under § 960.607(a)(1)(ii). (3) The PHA must review family compliance with service requirements and must verify such compliance annually at least 30 days before the end of the 12-month lease term. If qualifying activities are administered by an organization other than the PHA, the PHA may obtain verification of family compliance from such third parties or may accept a signed certification from the family member that he or she has performed such qualifying activities. (4) The PHA must retain reasonable documentation of service requirement performance or exemption in a participant family's files. (5) The PHA must comply with non-discrimination and equal opportunity requirements listed at § 5.105(a) of t… | ||||
| 24:24:4.1.3.1.11.6.5.5 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.607 Assuring resident compliance. | HUD | [65 FR 16729, Mar. 29, 2000, as amended at 81 FR 12374, Mar. 8, 2016] | (a) Acceptable documentation demonstrating compliance. (1) If qualifying activities are administered by an organization other than the PHA, a family member who is required to fulfill a service requirement must provide one of the following: (i) A signed certification to the PHA by such other organization that the family member has performed such qualifying activities; or (ii) A signed self-certification to the PHA by the family member that he or she has performed such qualifying activities. (2) The signed self-certification must include the following: (i) A statement that the tenant contributed at least 8 hours per month of community service not including political activities within the community in which the adult resides; or participated in an economic self-sufficiency program (as that term is defined in 24 CFR 5.603(b)) for at least 8 hours per month; (ii) The name, address, and a contact person at the community service provider; or the name, address, and contact person for the economic self-sufficiency program; (iii) The date(s) during which the tenant completed the community service activity, or participated in the economic self-sufficiency program; (iv) A description of the activity completed; and (v) A certification that the tenant's statement is true. (3) If a PHA accepts self-certifications under paragraph (a)(1)(ii) of this section, the PHA must validate a sample of such self-certifications using third-party certification described in paragraph (a)(1)(i) of this section. (b) PHA notice of noncompliance. (1) If the PHA determines that there is a family member who is required to fulfill a service requirement, but who has violated this family obligation (noncompliant resident), the PHA must notify the tenant of this determination. (2) The PHA notice to the tenant must: (i) Briefly describe the noncompliance; (ii) State that the PHA will not renew the lease at the end of the twelve month lease term unless: (A) The tenant, and any other noncompliant resident, enter into a written agreement w… | ||||
| 24:24:4.1.3.1.11.6.5.6 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | F | Subpart F—When Resident Must Perform Community Service Activities or Self-Sufficiency Work Activities | § 960.609 Prohibition against replacement of PHA employees. | HUD | In implementing the service requirement under this subpart, the PHA may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by PHA employees, or replace a job at any location where residents perform activities to satisfy the service requirement. | |||||
| 24:24:4.1.3.1.11.7.5.1 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.701 Purpose. | HUD | The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership. | |||||
| 24:24:4.1.3.1.11.7.5.2 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.703 Applicability. | HUD | This subpart applies to public housing as that term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)), except that such term does not include public housing developments for the elderly or persons with disabilities. Regulations that apply to pet ownership in such developments are located in part 5, subpart C, of this title. | |||||
| 24:24:4.1.3.1.11.7.5.3 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.705 Animals that assist, support, or provide service to persons with disabilities. | HUD | (a) This subpart G does not apply to animals that assist, support or provide service to persons with disabilities. 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 such animals that reside in public housing, as that term is used in § 960.703, and such animals that visit these developments. (b) Nothing in this subpart G: (1) Limits or impairs the rights of persons with disabilities; (2) Authorizes PHAs to limit or impair the rights of persons with disabilities; or (3) Affects any authority that PHAs may have to regulate service animals that assist, support or provide service to persons with disabilities, under Federal, State, or local law. | |||||
| 24:24:4.1.3.1.11.7.5.4 | 24 | Housing and Urban Development | IX | 960 | PART 960—ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING | G | Subpart G—Pet Ownership in Public Housing | § 960.707 Pet ownership. | HUD | (a) Ownership Conditions. A resident of a dwelling unit in public housing, as that term is used in § 960.703, may own one or more common household pets or have one or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the PHA, if the resident maintains each pet: (1) Responsibly; (2) In accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations; and (3) In accordance with the policies established in the PHA Annual Plan for the agency as provided in part 903 of this chapter. (b) Reasonable requirements. Reasonable requirements may include but are not limited to: (1) Requiring payment of a non-refundable nominal fee to cover the reasonable operating costs to the development relating to the presence of pets, a refundable pet deposit to cover additional costs attributable to the pet and not otherwise covered, or both; (2) Limitations on the number of animals in a unit, based on unit size; (3) Prohibitions on types of animals that the PHA classifies as dangerous, provided that such classifications are consistent with applicable State and local law, and prohibitions on individual animals, based on certain factors, including the size and weight of animals; (4) Restrictions or prohibitions based on size and type of building or project, or other relevant conditions; (5) Registration of the pet with the PHA; and (6) Requiring pet owners to have their pets spayed or neutered. (c) Restriction. A PHA may not require pet owners to have any pet's vocal chords removed. (d) Pet deposit. A PHA that requires a resident to pay a pet deposit must place the deposit in an account of the type required under applicable State or local law for pet deposits or, if State or local law has no requirements regarding pet deposits, for rental security deposits, if applicable. The PHA shall comply with such applicable law as to retention of the deposit, interest, and return of the deposit or portion thereo… |
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