Housing Choice Voucher - HCV | 2017 - 2022 Current
This a federal contract for income based rental assistance anywhere in the United States of America and minor outlaying islands that does not expire unless a household's income supersedes the set standard, the renter violates program regulations and is formally terminated with a standard notice which they can request appeal on, a voucher holder does not secure an apartment in the structural time allotted and has been denied good cause and reasonable accommodation. Local Housing Authorities administer the program on behalf of HUD, they are also given regulations which they must abide by.
Emergency Housing Voucher - EHV | 11/28/2021 - 2022 Current
The Emergency Housing Voucher (EHV) program is available through the American Rescue Plan Act (ARPA). Through EHV, HUD is providing 70,000 housing choice vouchers in order to assist individuals and families who are homeless, at-risk of homelessness, fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, or were recently homeless or have a high risk of housing instability.
PUBLIC HOUSING AUTHORITY
A local
agency authorized and contacted through HUD to administer housing payment
assistance.
Criminal
Public Housing Authorities
Dakota County
Community Development Agency - CDA
1228 Town
Centre Drive, Eagan, Minnesota 55125
Responsibility:
(1) Administrating 2000 Housing Choice Voucher that was ported
(transferred) into Dakota County, West Saint Paul, Minnesota March 1,
2013 in accordance to federal U.S. Housing and Urban Development
regulation (2) Internally document written port ( outgoing transfer) letter
from participant, Immediately though postal mail issue (a) "mover's
packet" which includes (b) Request for Tenancy Approval form and
(c) PHA Signed Housing Choice Voucher for 'shopping' which are
required by HUD and to be visually viewed by any perspective landlord in
order for rental application to be approved to the participant, (d) send
complete file and all federally required forms for a PHA to begin processing a
port in (incoming transfer), (e) after documents have been released to both
parties, allow the Housing Choice Voucher to remain internally listed as
active for a federally required minimum of 60 days and up to 120 days based on
appropriate reasonable accommodation (f) communicate with both parties during
the shopping period to complete transfer, document all actions in written
form presented to participant. (g) if a PHA is billing, SNRHA was
billing, fund participants Housing Choice Voucher for the first 12 months
under new port authority.
Dakota County
Community Development Agency did not do any one one of those federally
regulated actions in the process of my port or since, resulting in more than
three years of homelessness, loss, injuries and distress as other PHA, OIG,
multiple homeless and domestic violence case management employees and targeted
legal representation outfits have either been involved in committing the HCV
theft, covering it, and/or applied its own discrimination and breech of policy
to not act and not investigate. They will all be named on the Resist
Recovery Mission Justice Project blog for the purposes of transparency,
expedited reinstatement of Housing Choice Voucher, and corrective action which
shall not exclude financial damages reflecting three years of forced
homelessness, beatings, thefts, sexual assaults', permanent injuries to spinal
cord, nerves, mobility which have required surgeries and other medical
injuries, loss of time, and loss of property.
Southern
Nevada Regional Housing Authority
Title 24 Subtitle B Chapter IX Part 982 Outline
Title
24 Housing and Urban Development Part /
Section
Subtitle B Regulations Relating to Housing
and Urban Development 100 –
4199
Chapter IX Office of Assistant Secretary for
Public and Indian Housing, Department of Housing and Urban Development 900 – 1699
Part 982 Section 8 Tenant-Based
Assistance: Housing Choice Voucher Program
982.1 – 982.643
Subpart A General Information 982.1 – 982.5
Subpart B HUD Requirements and PHA Plan for
Administration of Program 982.51 – 982.54
§ 982.51 PHA authority to administer
program.
§ 982.52 HUD requirements.
§ 982.53 Equal opportunity requirements
and protection for victims of domestic violence, dating violence, sexual
assault, or stalking.
§ 982.54 Administrative plan.
Subpart C Funding and PHA Application for
Funding 982.101 – 982.104
§ 982.101 Allocation of funding.
§ 982.102 Allocation of budget authority for
renewal of expiring consolidated ACC funding increments.
§ 982.103 PHA application for funding.
§ 982.104 HUD review of application.
Subpart D Annual Contributions Contract and
PHA Administration of Program
982.151 – 982.163
Subpart E Admission to Tenant-Based
Program 982.201 – 982.207
Subpart F [Reserved]
Subpart G Leasing a Unit 982.301 – 982.317
Subpart H Where Family Can Live and Move 982.351 – 982.355
Subpart I Dwelling Unit: Housing Quality
Standards, Subsidy Standards, Inspection and Maintenance 982.401 – 982.407
Subpart J Housing Assistance Payments
Contract and Owner Responsibility
982.451 – 982.456
Subpart K Rent and Housing Assistance
Payment 982.501 – 982.521
Subpart L Family Obligations; Denial and
Termination of Assistance
982.551 – 982.555
Subpart M Special Housing Types 982.601 – 982.643
§
982.1 Programs: purpose and structure.
(a) General
description.
(1) In the
HUD Housing Choice Voucher (HCV) program, HUD pays rental subsidies so eligible
families can afford decent, safe, and sanitary housing. The HCV program is
generally administered by State or local governmental entities called public
housing agencies (PHAs). HUD provides housing assistance funds to the PHA. HUD
also provides funds for PHA administration of the program.
(2) Families
select and rent units that meet program housing quality standards. If the PHA
approves a family's unit and tenancy, the PHA contracts with the owner to make
rent subsidy payments on behalf of the family. A PHA may not approve a tenancy
unless the rent is reasonable.
(3) Subsidy
in the HCV program is based on a local “payment standard” that reflects the
cost to lease a unit in the local housing market. If the rent is less than the
payment standard, the family generally pays 30 percent of adjusted monthly
income for rent. If the rent is more than the payment standard, the family pays
a larger share of the rent.
(b) Tenant-based
and project-based assistance.
(1) Section 8
assistance may be “tenant-based” or “project-based”. In project-based programs,
rental assistance is paid for families who live in specific housing
developments or units. With tenant-based assistance, the assisted unit is
selected by the family. The family may rent a unit anywhere in the United
States in the jurisdiction of a PHA that runs a voucher program.
(2) To
receive tenant-based assistance, the family selects a suitable unit. After
approving the tenancy, the PHA enters into a contract to make rental subsidy
payments to the owner to subsidize occupancy by the family. The PHA contract
with the owner only covers a single unit and a specific assisted family. If the
family moves out of the leased unit, the contract with the owner terminates.
The family may move to another unit with continued assistance so long as the
family is complying with program requirements.
[60
FR 34695, July 3, 1995, as amended at 64
FR 26640, May 14, 1999; 80
FR 8245, Feb. 17, 2015]
Subpart
B - HUD Requirements and PHA Plan for Administration of Program
Source: 60
FR 34695, July 3, 1995, unless otherwise noted.
§
982.51 PHA authority to administer program.
(a) The PHA
must have authority to administer the program. The PHA must provide
evidence, satisfactory to HUD, of its status as a PHA, of its authority to
administer the program, and of the PHA jurisdiction.
(b) The
evidence submitted by the PHA to HUD must include enabling legislation and a
supporting legal opinion satisfactory to HUD. The PHA must submit additional
evidence when there is a change that affects its status as a PHA, its authority
to administer the program, or its jurisdiction.
[60
FR 34695, July 3, 1995, as amended at 64
FR 26641, May 14, 1999; 80
FR 8245, Feb. 17, 2015]
(a) The
PHA must comply with HUD regulations and other HUD requirements for the
program. HUD requirements are issued by HUD headquarters, as regulations, Federal
Register notices or other binding program directives.
(b) The
PHA must comply with the consolidated ACC and the PHA's HUD-approved
applications for program funding.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995]
(a) The
tenant-based program requires compliance with all equal opportunity
requirements imposed by contract or federal law, including the authorities
cited at 24
CFR 5.105(a) and title II of the Americans with Disabilities
Act, 42
U.S.C. 12101 et seq.
(b) Civil
rights certification. The PHA must submit a signed certification to HUD
that:
(1) The
PHA will administer the program in conformity with the Fair Housing Act, Title
VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of
1973, and Title II of the Americans with Disabilities Act.
(2) The
PHA will affirmatively further fair housing in the administration of the
program.
(c) Obligation
to affirmatively further fair housing. The PHA shall affirmatively further
fair housing as required by §
903.7(o) of this title.
(d) State
and local law. Nothing in part 982 is intended to pre-empt operation of
State and local laws that prohibit discrimination against a Section 8
voucher-holder because of status as a Section 8 voucher-holder. However, such
State and local laws shall not change or affect any requirement of this part,
or any other HUD requirements for administration or operation of the program.
(e) 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). For purposes of compliance with
HUD's regulations in 24
CFR part 5, subpart L, the covered
housing provider is the PHA or owner, as applicable given the responsibilities
of the covered housing provider as set forth in 24
CFR part 5, subpart L. For example, the PHA is the covered housing provider
responsible for providing the Notice of occupancy rights under VAWA and
certification form described at 24
CFR 5.2005(a). In addition, the owner is the covered housing provider that
may choose to bifurcate a lease as described at 24
CFR 5.2009(a), while the PHA is the covered housing provider responsible
for complying with emergency transfer plan provisions at 24
CFR 5.2005(e).
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 63
FR 23859, Apr. 30, 1998; 64
FR 26641, May 14, 1999; 64
FR 56911, Oct. 21, 1999; 73
FR 72344, Nov. 28, 2008; 75
FR 66263, Oct. 27, 2010; 80
FR 8245, Feb. 17, 2015; 81
FR 80816, Nov. 16, 2016]
(a) The
PHA must adopt a written administrative plan that establishes local policies
for administration of the program in accordance with HUD requirements. The
administrative plan and any revisions of the plan must be formally adopted by
the PHA Board of Commissioners or other authorized PHA officials. The
administrative plan states PHA policy on matters for which the PHA has
discretion to establish local policies.
(b) The
administrative plan must be in accordance with HUD regulations and
requirements. The administrative plan is a supporting document to the PHA plan
(part
903 of this title) and must be available for public review. The PHA must
revise the administrative plan if needed to comply with HUD requirements.
(c) The
PHA must administer the program in accordance with the PHA administrative plan.
(d) The
PHA administrative plan must cover PHA policies on these subjects:
(1) Selection
and admission of applicants from the PHA waiting list, including any PHA
admission preferences, procedures for removing applicant names from the waiting
list, and procedures for closing and reopening the PHA waiting list;
(2) Issuing
or denying vouchers, including PHA policy governing the voucher term and any
extensions of the voucher term. If the PHA decides to allow extensions of the
voucher term, the PHA administrative plan must describe how the PHA determines
whether to grant extensions, and how the PHA determines the length of any
extension.
(3) Any
special rules for use of available funds when HUD provides funding to the PHA
for a special purpose (e.g., desegregation), including funding for specified
families or a specified category of families;
(4) Occupancy
policies, including:
(i) Definition
of what group of persons may qualify as a “family”;
(ii) Definition
of when a family is considered to be “continuously assisted”;
(iii) Standards
for denying admission or terminating assistance based on criminal activity or
alcohol abuse in accordance with §
982.553;
(5) Encouraging
participation by owners of suitable units located outside areas of low income
or minority concentration;
(6) Assisting
a family that claims that illegal discrimination has prevented the family from
leasing a suitable unit;
(7) Providing
information about a family to prospective owners;
(8) Disapproval
of owners;
(9) Subsidy
standards;
(10) Family
absence from the dwelling unit;
(11) How
to determine who remains in the program if a family breaks up;
(12) Informal
review procedures for applicants;
(13) Informal
hearing procedures for participants;
(14) The
process for establishing and revising payment standards, including policies on
administering decreases in the payment standard during the HAP contract term
(see §
982.505(d)(3)).
(15) The
method of determining that rent to owner is a reasonable rent (initially and
during the term of a HAP contract);
(16) Special
policies concerning special housing types in the program (e.g., use of shared
housing);
(17) Policies
concerning payment by a family to the PHA of amounts the family owes the PHA;
(18) Interim
redeterminations of family income and composition;
(19) Restrictions,
if any, on the number of moves by a participant family (see §
982.354(c));
(20) Approval
by the Board of Commissioners or other authorized officials to charge the
administrative fee reserve;
(21) Procedural
guidelines and performance standards for conducting required HQS inspections;
and
(22) PHA
screening of applicants for family behavior or suitability for tenancy.
(23) Policies
concerning application of Small Area FMRs to project-based voucher units
(see §
888.113(h)).
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61
FR 27163, May 30, 1996; 63
FR 23859, Apr. 30, 1998; 64
FR 26641, May 14, 1999; 64
FR 49658, Sept. 14, 1999; 64
FR 56911, Oct. 21, 1999; 66
FR 28804, May 24, 2001; 80
FR 8245, Feb. 17, 2015; 80
FR 50572, Aug. 20, 2015; 81
FR 80582, Nov. 16, 2016]
Subpart
E - Admission to Tenant-Based Program
§
982.201 Eligibility and targeting.
(a) When
applicant is eligible: General. The PHA may admit only eligible families
to the program. To be eligible, an applicant must be a “family;” must be
income-eligible in accordance with paragraph
(b) of this section and 24
CFR part 5, subpart F; and must be a citizen or a noncitizen who has
eligible immigration status as determined in accordance with 24
CFR part 5, subpart E. If the applicant is a victim 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) applies.
(b) Income -
(1) Income-eligibility. To
be income-eligible, the applicant must be a family in any of the following
categories:
(i) A “very
low income” family;
(ii) A
low-income family that is “continuously assisted” under the 1937 Housing Act;
(iii) A
low-income family that meets additional eligibility criteria specified in the
PHA administrative plan. Such additional PHA criteria must be consistent with
the PHA plan and with the consolidated plans for local governments in the PHA
jurisdiction;
(iv) A
low-income family that qualifies for voucher assistance as a non-purchasing
family residing in a HOPE 1 (HOPE for public housing homeownership) or HOPE 2
(HOPE for homeownership of multifamily units) project. (Section 8(o)(4)(D) of
the 1937 Act (42
U.S.C. 1437f(o)(4)(D));
(v) A
low-income or moderate-income family that is displaced as a result of the
prepayment of the mortgage or voluntary termination of an insurance contract on
eligible low-income housing as defined in §
248.101 of this title;
(vi) A
low-income family that qualifies for voucher assistance as a non-purchasing
family residing in a project subject to a resident homeownership program
under §
248.173 of this title.
(2) Income-targeting.
(i) Not less
than 75 percent of the families admitted to a PHA's HCV program during the PHA
fiscal year from the PHA waiting list shall be extremely low income families.
Annual income of such families shall be verified within the period described in paragraph
(e) of this section.
(ii) A PHA
may admit a lower percent of extremely low income families during a PHA fiscal
year (than otherwise required under paragraph
(b)(2)(i) of this section) if HUD approves the use of such lower
percent by the PHA, in accordance with the PHA plan, based on HUD's
determination that the following circumstances necessitate use of such lower
percent by the PHA:
(A) The PHA
has opened its waiting list for a reasonable time for admission of extremely
low income families residing in the same metropolitan statistical area (MSA) or
non-metropolitan county, both inside and outside the PHA jurisdiction;
(B) The PHA
has provided full public notice of such opening to such families, and has
conducted outreach and marketing to such families, including outreach and
marketing to extremely low income families on the Section 8 and public housing
waiting lists of other PHAs with jurisdiction in the same MSA or
non-metropolitan county;
(C)
Notwithstanding such actions by the PHA (in accordance with paragraphs
(b)(2)(ii)(A) and (B) of
this section), there are not enough extremely low income families on the PHA's
waiting list to fill available slots in the program during any fiscal year for
which use of a lower percent is approved by HUD; and
(D) Admission
of the additional very low income families other than extremely low income
families to the PHA's tenant-based voucher program will substantially address
worst case housing needs as determined by HUD.
(iii) If
approved by HUD, the admission of a portion of very low income welfare-to-work
(WTW) families that are not extremely low income families may be disregarded in
determining compliance with the PHA's income-targeting obligations under paragraph
(b)(2)(i) of this section. HUD will grant such approval only if and to
the extent that the PHA has demonstrated to HUD's satisfaction that compliance
with such targeting obligations with respect to such portion of WTW families
would interfere with the objectives of the welfare-to-work voucher program. If
HUD grants such approval, admission of that portion of WTW families is not
counted in the base number of families admitted to a PHA's tenant-based voucher
program during the fiscal year for purposes of income targeting.
(iv)
Admission of families as described in paragraphs
(b)(1)(ii) or (b)(1)(v) of
this section is not subject to targeting under paragraph
(b)(2)(i) of this section.
(v) If the
jurisdictions of two or more PHAs that administer the HCV program cover an
identical geographic area, such PHAs may elect to be treated as a single PHA
for purposes of targeting under paragraph
(b)(2)(i) of this section. In such a case, the PHAs shall cooperate to
assure that aggregate admissions by such PHAs comply with the targeting
requirement. If such PHAs do not have a single fiscal year, HUD will determine
which PHA's fiscal year is used for this purpose.
(vi) If a
family initially leases a unit outside the PHA jurisdiction under portability
procedures at admission to the HCV program, such admission shall be counted
against the targeting obligation of the initial PHA (unless the receiving PHA
absorbs the portable family into the receiving PHA's HCV program from the point
of admission).
(3) The
annual income (gross income) of an applicant family is used both for
determination of income-eligibility under paragraph
(b)(1) of this section and for targeting under paragraph
(b)(2)(i) of this section. In determining annual income of an
applicant family that includes a person with disabilities, the determination
must include the disallowance of increase in annual income as provided in 24
CFR 5.617, if applicable.
(4) The
applicable income limit for issuance of a voucher when a family is selected for
the program is the highest income limit (for the family size) for areas in the
PHA jurisdiction. The applicable income limit for admission to the program is
the income limit for the area where the family is initially assisted in the
program. At admission, the family may only use the voucher to rent a unit in an
area where the family is income eligible.
(c) Family
composition. See definition of “family” in 24
CFR 5.403.
(d) Continuously
assisted.
(1) An
applicant is continuously assisted under the 1937 Housing Act if the family is
already receiving assistance under any 1937 Housing Act program when the family
is admitted to the voucher program.
(2) The PHA
must establish policies concerning whether and to what extent a brief
interruption between assistance under one of these programs and admission to
the voucher program will be considered to break continuity of assistance under
the 1937 Housing Act.
(e) When
PHA verifies that applicant is eligible. The PHA must receive information
verifying that an applicant is eligible within the period of 60 days before the
PHA issues a voucher to the applicant.
(f) Decision
to deny assistance -
(1) Notice
to applicant. The PHA must give an applicant prompt written notice of
a decision denying admission to the program (including a decision that the
applicant is not eligible, or denying assistance for other reasons). The notice
must give a brief statement of the reasons for the decision. The
notice must also state that the applicant may request an informal review
of the decision, and state how to arrange for the informal review.
(2) For
description of the grounds for denying assistance because of action or inaction
by the applicant, see §
982.552(b) and (c) (requirement
and authority to deny admission) and §
982.553(a) (crime by family members).
[59
FR 36682, July 18, 1994, as amended at 60
FR 34717, July 3, 1995; 61
FR 13627, Mar. 27, 1996; 64
FR 26642, May 14, 1999; 64
FR 49658, Sept. 14, 1999; 64
FR 56911, Oct. 21, 1999; 66
FR 6226, Jan. 19, 2001; 66
FR 8174, Jan. 30, 2001; 67
FR 6820, Feb. 13, 2002; 70
FR 77744, Dec. 30, 2005; 73
FR 72344, Nov. 28, 2008; 75
FR 66263, Oct. 27, 2010; 77
FR 5676, Feb. 3, 2012; 80
FR 8246, Feb. 17, 2015; 81
FR 80816, Nov. 16, 2016]
§
982.202 How applicants are selected: General requirements.
(a) Waiting
list admissions and special admissions. The PHA may admit an applicant for
participation in the program either:
(1) As a
special admission (see §
982.203).
(2) As a
waiting list admission (see §
982.204 through §
982.210).
(b) Prohibited
admission criteria -
(1) Where
family lives. Admission to the program may not be based on where the
family lives before admission to the program. However, the PHA may target
assistance for families who live in public housing or other federally assisted
housing, or may adopt a residency preference (see §
982.207).
(2) Where
family will live. Admission to the program may not be based on where the
family will live with assistance under the program.
(3) Family
characteristics. The PHA preference system may provide a preference for
admission of families with certain characteristics from the PHA waiting list.
However, admission to the program may not be based on:
(i)
Discrimination because members of the family are unwed parents, recipients of
public assistance, or children born out of wedlock;
(ii)
Discrimination because a family includes children (familial status
discrimination);
(iii)
Discrimination because of age, race, color, religion, sex, or national origin;
(iv)
Discrimination because of disability; or
(v) Whether a
family decides to participate in a family self-sufficiency program.
(c) Applicant
status. An applicant does not have any right or entitlement to be listed
on the PHA waiting list, to any particular position on the waiting list, or to
admission to the programs. The preceding sentence does not affect or prejudice
any right, independent of this rule, to bring a judicial action challenging an
PHA violation of a constitutional or statutory requirement.
(d) Admission
policy. The PHA must admit applicants for participation in accordance with
HUD regulations and other requirements, including, but not limited to, 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking), and with PHA policies stated in
the PHA administrative plan and the PHA plan. The PHA admission policy must
state the system of admission preferences that the PHA uses to select
applicants from the waiting list, including any residency preference or other
local preference.
[59
FR 36682, July 18, 1994, as amended at 60
FR 34717, July 3, 1995; 61
FR 9048, Mar. 6, 1996; 61
FR 27163, May 30, 1996; 64
FR 26643, May 14, 1999; 65
FR 16821, Mar. 30, 2000; 73
FR 72344, Nov. 28, 2008; 75
FR 66263, Oct. 27, 2010; 81
FR 80816, Nov. 16, 2016]
§
982.203 Special admission (non-waiting list): Assistance targeted by HUD.
(a) If HUD
awards a PHA program funding that is targeted for families living in specified
units:
(1) The PHA
must use the assistance for the families living in these units.
(2) The PHA
may admit a family that is not on the PHA waiting list, or without considering
the family's waiting list position. The PHA must maintain records showing that
the family was admitted with HUD-targeted assistance.
(b) The
following are examples of types of program funding that may be targeted for a
family living in a specified unit:
(1) A family
displaced because of demolition or disposition of a public housing project;
(2) A family
residing in a multifamily rental housing project when HUD sells, forecloses or
demolishes the project;
(3) For
housing covered by the Low Income Housing Preservation and Resident
Homeownership Act of 1990 (41
U.S.C. 4101 et seq.):
(i) A
non-purchasing family residing in a project subject to a homeownership program
(under 24
CFR 248.173); or
(ii) A family
displaced because of mortgage prepayment or voluntary termination of a mortgage
insurance contract (as provided in 24
CFR 248.165);
(4) A family
residing in a project covered by a project-based Section 8 HAP contract at or
near the end of the HAP contract term; and
(5) A
non-purchasing family residing in a HOPE 1 or HOPE 2 project.
[59
FR 36682, July 18, 1994, as amended at 64
FR 26643, May 14, 1999]
§
982.204 Waiting list: Administration of waiting list.
(a) Admission
from waiting list. Except for special admissions, participants must be
selected from the PHA waiting list. The PHA must select participants from the
waiting list in accordance with admission policies in the PHA administrative
plan.
(b) Organization
of waiting list. The PHA must maintain information that permits the PHA to
select participants from the waiting list in accordance with the PHA admission
policies. The waiting list must contain the following information for each
applicant listed:
(1) Applicant
name;
(2) Family
unit size (number of bedrooms for which family qualifies under PHA occupancy
standards);
(3) Date and
time of application;
(4)
Qualification for any local preference;
(5) Racial or
ethnic designation of the head of household.
(c) Removing
applicant names from the waiting list.
(1) The PHA
administrative plan must state PHA policy on when applicant names may be
removed from the waiting list. The policy may provide that the PHA will remove
names of applicants who do not respond to PHA requests for information or updates.
(2) An
PHA decision to withdraw from the waiting list the name of an applicant family
that includes a person with disabilities is subject to reasonable accommodation
in accordance with 24
CFR part 8. If the applicant did not respond to the PHA request for
information or updates because of the family member's disability, the PHA must
reinstate the applicant in the family's former position on the waiting list.
(d) Family
size.
(1) The order
of admission from the waiting list may not be based on family size, or on the
family unit size for which the family qualifies under the PHA occupancy policy.
(2) If the
PHA does not have sufficient funds to subsidize the family unit size of the
family at the top of the waiting list, the PHA may not skip the top family to
admit an applicant with a smaller family unit size. Instead, the family at the
top of the waiting list will be admitted when sufficient funds are available.
(e) Funding
for specified category of waiting list families. When HUD awards an PHA
program funding for a specified category of families on the waiting list, the
PHA must select applicant families in the specified category.
(f) Number
of waiting lists. A PHA must use a single waiting list for admission to
its Section 8 tenant-based assistance program. However, the PHA may use a
separate single waiting list for such admissions for a county or municipality.
(Approved by
the Office of Management and Budget under OMB control number 2577-0169)
[59
FR 36682, July 18, 1994, as amended at 60
FR 34717, July 3, 1995; 63
FR 23860, Apr. 30, 1998; 64
FR 26643, May 14, 1999; 65
FR 16821, Mar. 30, 2000]
§
982.205 Waiting list: Different programs.
(a) Merger
and cross-listing -
(1) Merged
waiting list. A PHA may merge the waiting list for tenant-based assistance
with the PHA waiting list for admission to another assisted housing program,
including a federal or local program. In admission from the merged waiting
list, admission for each federal program is subject to federal regulations and
requirements for the particular program.
(2) Non-merged
waiting list: Cross-listing. If the PHA decides not to merge the waiting
list for tenant-based assistance with the waiting list for the PHA's public
housing program, project-based voucher program or moderate rehabilitation program:
(i) If the
PHA's waiting list for tenant-based assistance is open when an applicant is
placed on the waiting list for the PHA's public housing program, project-based
voucher program or moderate rehabilitation program, the PHA must offer to place
the applicant on its waiting list for tenant-based assistance.
(ii) If the
PHA's waiting list for its public housing program, project-based voucher
program or moderate rehabilitation program is open when an applicant is placed
on the waiting list for its tenant-based program, and if the other program
includes units suitable for the applicant, the PHA must offer to place the
applicant on its waiting list for the other program.
(b) Other
housing assistance: Effect of application for, receipt or refusal.
(1) For
purposes of this section, “other housing subsidy” means a housing subsidy other
than assistance under the voucher program. Housing subsidy includes subsidy
assistance under a federal housing program (including public housing), a State
housing program, or a local housing program.
(2) The PHA
may not take any of the following actions because an applicant has applied for,
received, or refused other housing assistance:
(i) Refuse to
list the applicant on the PHA waiting list for tenant-based assistance;
(ii) Deny any
admission preference for which the applicant is currently qualified;
(iii) Change
the applicant's place on the waiting list based on preference, date and time of
application, or other factors affecting selection under the PHA selection
policy; or
(iv) Remove
the applicant from the waiting list.
[59
FR 36682, July 18, 1994, as amended at 61
FR 27163, May 30, 1996; 63
FR 23860, Apr. 30, 1998; 64
FR 26643, May 14, 1999; 65
FR 16821, Mar. 30, 2000; 80
FR 8246, Feb. 17, 2015]
§
982.206 Waiting list: Opening and closing; public notice.
(a) Public
notice.
(1) When the
PHA opens a waiting list, the PHA must give public notice that families may
apply for tenant-based assistance. The public notice must state where and when
to apply.
(2) The PHA
must give the public notice by publication in a local newspaper of general
circulation, and also by minority media and other suitable means. The notice
must comply with HUD fair housing requirements.
(3) The
public notice must state any limitations on who may apply for available slots
in the program.
(b) Criteria
defining what families may apply.
(1) The PHA
may adopt criteria defining what families may apply for assistance under a
public notice.
(2) If the
waiting list is open, the PHA must accept applications from families for whom
the list is open unless there is good cause for not accepting the application
(such as denial of assistance because of action or inaction by members of the
family) for the grounds stated in §§
982.552 and 982.553.
(c) Closing
waiting list. If the PHA determines that the existing waiting list
contains an adequate pool for use of available program funding, the PHA may
stop accepting new applications, or may accept only applications meeting
criteria adopted by the PHA.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[59
FR 36682, July 18, 1994, as amended at 60
FR 34717, July 3, 1995; 60
FR 45661, Sept. 1, 1995; 63
FR 23860, Apr. 30, 1998; 64
FR 26643, May 14, 1999]
§
982.207 Waiting list: Local preferences in admission to program.
(a) Establishment
of PHA local preferences.
(1) The PHA
may establish a system of local preferences for selection of families admitted
to the program. PHA selection preferences must be described in the PHA
administrative plan.
(2) The PHA
system of local 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. The PHA shall consider
public comment on the proposed public housing agency 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).
(3) The PHA
may limit the number of applicants that may qualify for any local preference.
(4) The PHA
shall not deny a local preference, nor otherwise exclude or penalize a family
in admission to the program, solely because the family resides in a public
housing project. The PHA may establish a preference for families residing in
public housing who are victims of a crime of violence (as defined in 18
U.S.C. 16).
(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 documents) pursuant to part
903 of this title. Such policies must specify that use of a residency
preference will not have the purpose or effect of delaying or otherwise denying
admission to the program based on the race, color, ethnic origin, gender,
religion, disability, or age of any member of an applicant family.
(iv) A
residency preference must not be based on how long an applicant has resided or
worked in a residency preference area.
(v)
Applicants who are working or who have been notified that they are hired to
work in a residency preference area must be treated as residents of the
residency preference area. The PHA may treat graduates of, or active
participants in, education and training programs in a residency preference area
as residents of the residency preference area if the education or training
program is designed to prepare individuals for the job market.
(2) Preference
for working families. The PHA may adopt a preference for admission of
working families (families where the head, spouse or sole member is employed).
However, an applicant shall be given the benefit of the working family
preference if the head and spouse, or sole member is age 62 or older, or is a
person with disabilities.
(3) Preference
for person with disabilities. The PHA may adopt a preference for admission
of families that include a person with disabilities. However, the PHA may not
adopt a preference for admission of persons with a specific disability.
(4) Preference
for victims of domestic violence, dating violence, sexual assault, or stalking. The
PHA should consider whether to adopt a local preference for admission of
families that include victims of domestic violence, dating violence, sexual
assault, or stalking.
(5) Preference
for single persons who are elderly, displaced, homeless, or persons with
disabilities. The PHA may adopt a preference for admission of single
persons who are age 62 or older, displaced, homeless, or persons with
disabilities over other single persons.
(c) Selection
among families with preference. The PHA system of preferences may use
either of the following to select among applicants on the waiting list with the
same preference status:
(1) Date and
time of application; or
(2) A drawing
or other random choice technique.
(d) Preference
for higher-income families. The PHA must not select families for admission
to the program in an order different from the order on the waiting list for the
purpose of selecting higher income families for admission to the program.
(e) Verification
of selection method. The method for selecting applicants from a preference
category must leave a clear audit trail that can be used to verify that each
applicant has been selected in accordance with the method specified in the
administrative plan.
[64
FR 26643, May 14, 1999, as amended at 64
FR 56912, Oct. 21, 1999; 65
FR 16821, Mar. 30, 2000; 81
FR 80816, Nov. 16, 2016]
Subpart
H - Where Family Can Live and Move
Source: 60
FR 34695, July 3, 1995, unless otherwise noted.
This subpart
describes what kind of housing is eligible for leasing, and the areas where a
family can live with tenant-based assistance. The subpart covers:
(a)
Assistance for a family that rents a dwelling unit in the jurisdiction of the
PHA that originally selected the family for tenant-based assistance.
(b)
“Portability” assistance for a family PHA rents a unit outside the jurisdiction
of the initial PHA.
(a) Ineligible
housing. The following types of housing may not be assisted by a PHA in
the tenant-based programs:
(1) A public
housing or Indian housing unit;
(2) A unit
receiving project-based assistance under section 8 of the 1937 Act (42
U.S.C. 1437f);
(3) Nursing
homes, board and care homes, or facilities providing continual psychiatric,
medical, or nursing services;
(4) College
or other school dormitories;
(5) Units on
the grounds of penal, reformatory, medical, mental, and similar public or
private institutions;
(6) A unit
occupied by its owner or by a person with any interest in the unit.
(7) For
provisions on PHA disapproval of an owner, see §
982.306.
(b) PHA-owned
housing.
(1) A unit
that is owned by the PHA that administers the assistance under the consolidated
ACC (including a unit owned by an entity substantially controlled by the PHA)
may only be assisted under the tenant-based program if all the following
conditions are satisfied:
(i) The PHA
must inform the family, both orally and in writing, that the family has the
right to select any eligible unit available for lease, and a PHA-owned unit is
freely selected by the family, without PHA pressure or steering.
(ii) The unit
is not ineligible housing.
(iii) During
assisted occupancy, the family may not benefit from any form of housing subsidy
that is prohibited under paragraph
(c) of this section.
(iv)
(A) The PHA
must obtain the services of an independent entity to perform the following PHA
functions as required under the program rule:
(1) To
determine rent reasonableness in accordance with §
982.507. The independent agency shall communicate the rent reasonableness
determination to the family and the PHA.
(2) To assist
the family negotiate the rent to owner in accordance with §
982.506.
(3) To
inspect the unit for compliance with the HQS in accordance with §
982.305(a) and §
982.405 (except that §
982.405(e) is not applicable). The independent agency shall
communicate the results of each such inspection to the family and the PHA.
(B) The
independent agency used to perform these functions must be approved by HUD. The
independent agency may be the unit of general local government for the PHA
jurisdiction (unless the PHA is itself the unit of general local government or
an agency of such government), or may be another HUD-approved independent
agency.
(C) The PHA
may compensate the independent agency from PHA ongoing administrative fee
income for the services performed by the independent agency. The PHA may not
use other program receipts to compensate the independent agency for such
services. The PHA and the independent agency may not charge the family any fee
or charge for the services provided by the independent agency.
(c) Prohibition
against other housing subsidy. A family may not receive the benefit of
tenant-based assistance while receiving the benefit of any of the following
forms of other housing subsidy, for the same unit or for a different unit:
(1) Public or
Indian housing assistance;
(2) Other
Section 8 assistance (including other tenant-based assistance);
(3)
Assistance under former Section 23 of the United States Housing Act of 1937
(before amendment by the Housing and Community Development Act of 1974);
(4) Section
101 rent supplements;
(5) Section
236 rental assistance payments;
(6)
Tenant-based assistance under the HOME Program;
(7) Rental
assistance payments under Section 521 of the Housing Act of 1949 (a program of
the Rural Development Administration);
(8) Any local
or State rent subsidy;
(9) Section
202 supportive housing for the elderly;
(10) Section
811 supportive housing for persons with disabilities;
(11) Section
202 projects for non-elderly persons with disabilities (Section 162
assistance); or
(12) Any
other duplicative federal, State, or local housing subsidy, as determined by
HUD. For this purpose, “housing subsidy” does not include the housing component
of a welfare payment, a social security payment received by the family, or a
rent reduction because of a tax credit.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 63
FR 23860, Apr. 30, 1998; 64
FR 13057, Mar. 16, 1999; 64
FR 26645, May 14, 1999; 65
FR 55162, Sept. 12, 2000]
§
982.353 Where family can lease a unit with tenant-based assistance.
(a) Assistance
in the initial PHA jurisdiction. The family may receive tenant-based
assistance to lease a unit located anywhere in the jurisdiction (as determined
by State and local law) of the initial PHA. HUD may nevertheless restrict the
family's right to lease such a unit anywhere in such jurisdiction if HUD
determines that limitations on a family's opportunity to select among available
units in that jurisdiction are appropriate to achieve desegregation goals in
accordance with obligations generated by a court order or consent decree.
(b) Portability:
Assistance outside the initial PHA jurisdiction. Subject to paragraph
(c) of this section, and to §
982.552 and §
982.553, a voucher-holder or participant family has the right to receive
tenant-based voucher assistance, in accordance with requirements of this part,
to lease a unit outside the initial PHA jurisdiction, anywhere in the United
States, in the jurisdiction of a PHA with a tenant-based program under this
part. The initial PHA must not provide such portable assistance for a
participant if the family has moved out of the assisted unit in violation of
the lease except as provided for in this subsection. If the family moves out in
violation of the lease in order to protect the health or safety of a person who
is or has been the victim of domestic violence, dating violence, sexual
assault, or stalking and who reasonably believes him- or herself to be
threatened with imminent harm from further violence by remaining in the
dwelling unit (or any family member has been the victim of a sexual assault
that occurred on the premises during the 90-calendar-day period preceding the
family's move or request to move), and has otherwise complied with all other
obligations under the Section 8 program, the family may receive a voucher from
the initial PHA and move to another jurisdiction under the Housing Choice
Voucher Program.
(c) Nonresident
applicants.
(1)
This paragraph
(c) applies if neither the household head nor spouse of an assisted
family already had a “domicile” (legal residence) in the jurisdiction of the
initial PHA at the time when the family first submitted an application for
participation in the program to the initial PHA.
(2) The
following apply during the 12 month period from the time when a family
described in paragraph
(c)(1) of this section is admitted to the program:
(i) The
family may lease a unit anywhere in the jurisdiction of the initial PHA;
(ii) The
family does not have any right to portability;
(iii) The
initial PHA may choose to allow portability during this period.
(3) If the
initial PHA approves, the family may lease a unit outside the PHA jurisdiction
under portability procedures.
(4) Paragraph
(c) of this section does not apply when the family or a member of the
family is or has been the victim of domestic violence, dating violence, sexual
assault, or stalking, as provided in 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking), and the move is needed to
protect the health or safety of the family or family member, or any family
member who has been the victim of a sexual assault that occurred on the
premises during the 90-calendar-day period preceding the family's request to
move.
(d) Income
eligibility.
(1) For
admission to the program, a family must be income eligible in the area where
the family initially leases a unit with assistance under the program.
(2) If a
family is a participant in the initial PHA's voucher program, income
eligibility is not redetermined when the family moves to the receiving PHA
program under portability procedures.
(e) Freedom
of choice. The PHA may not directly or indirectly reduce the family's
opportunity to select among available units, except as provided in paragraph
(a) of this section, or elsewhere in this part 982 (e.g., prohibition
on the use of ineligible housing, housing not meeting HQS, or housing for which
the rent to owner exceeds a reasonable rent). However, the PHA must provide
families the information required in §
982.301 for both the oral briefing and the information packet to
ensure that they have the information they need to make an informed decision on
their housing choice.
[60
FR 34695, July 3, 1995, as amended at 61
FR 27163, May 30, 1996; 61
FR 42131, Aug. 13, 1996; 64
FR 26646, May 14, 1999; 73
FR 72344, Nov. 28, 2008; 75
FR 66264, Oct. 27, 2010; 80
FR 50573, Aug. 20, 2015; 81
FR 80816, Nov. 16, 2016]
§
982.354 Move with continued tenant-based assistance.
(a) Applicability. This
section states when a participant family may move to a new unit with continued
tenant-based assistance:
(b) When
family may move. A family may move to a new unit if:
(1) The
assisted lease for the old unit has terminated. This includes a termination because:
(i) The PHA
has terminated the HAP contract for the owner's breach; or
(ii) The
lease has terminated by mutual agreement of the owner and the tenant.
(2) The owner
has given the tenant a notice to vacate, or has commenced an action to evict
the tenant, or has obtained a court judgment or other process allowing the
owner to evict the tenant.
(3) The
tenant has given notice of lease termination (if the tenant has a right to
terminate the lease on notice to the owner, for owner breach, or otherwise).
(4) The
family or a member of the family, is or has been the victim of domestic
violence, dating violence, sexual assault, or stalking, as provided in 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking), and the move is needed to
protect the health or safety of the family or family member, or if any family
member has been the victim of a sexual assault that occurred on the premises
during the 90-calendar-day period preceding the family's request to move. A PHA
may not terminate assistance if the family, with or without prior notification
to the PHA, moves out of a unit in violation of the lease, if such move occurs
to protect the health or safety of a family member who is or has been the
victim of domestic violence, dating violence, sexual assault, or stalking and
who reasonably believed he or she was threatened with imminent harm from
further violence if he or she remained in the dwelling unit. However, any
family member that has been the victim of a sexual assault that occurred on the
premises during the 90-calendar-day period preceding the family's move or
request to move is not required to believe that he or she was threatened with
imminent harm from further violence if he or she remained in the dwelling unit.
(c) How
many moves.
(1) A
participant family may move with continued assistance under the program, either
inside the PHA jurisdiction, or under the portability procedures (See §
982.353) in accordance with the PHA's policies.
(2)
Consistent with applicable civil rights laws and regulations, the PHA may
establish policies that:
(i) Prohibit
any move by the family during the initial lease term;
(ii) Prohibit
more than one move by the family during any one-year period; and
(iii) The
above policies do not apply when the family or a member of the family is or has
been the victim of domestic violence, dating violence, sexual assault, or
stalking, as provided in 24
CFR part 5, subpart L, and the move is needed to protect the health or
safety of the family or family member, or any family member has been the victim
of a sexual assault that occurred on the premises during the 90-calendar-day
period preceding the family's request to move.
(d) Notice
that family wants to move. If the family wants to move to a new unit, the
family must notify the PHA and the owner before moving from the old unit. If
the family wants to move to a new unit that is located outside the initial PHA
jurisdiction, the notice to the initial PHA must specify the area where the
family wants to move. See portability procedures in subpart
H of this part.
(e) When
the PHA may deny permission to move.
(1) The PHA
may deny permission to move if the PHA does not have sufficient funding for
continued assistance. The PHA must provide written notification to the local HUD
Office within 10 business days of determining it is necessary to deny moves to
a higher-cost unit based on insufficient funding.
(2) At any
time, the PHA may deny permission to move in accordance with §
982.552 (grounds for denial or termination of assistance).
[60
FR 34695, July 3, 1995, as amended at 64
FR 56913, Oct. 21, 1999; 75
FR 66263, Oct. 27, 2010. Redesignated and amended at 80
FR 50573, Aug. 20, 2015; 81
FR 80817, Nov. 16, 2016]
§
982.355 Portability: Administration by initial and receiving PHA.
(a) General. When
a family moves under portability (in accordance with §
982.353(b)) to an area outside the initial PHA jurisdiction, the receiving
PHA must administer assistance for the family if a PHA with a HCV program has
jurisdiction in the area where the unit is located.
(b) Requirement
to administer assistance. A receiving PHA cannot refuse to assist incoming
portable families or direct them to another neighboring PHA for assistance. If
there is more than one such PHA, the initial PHA provides the family with the
contact information for the receiving PHAs that serve the area, and the family
selects the receiving PHA. The family must inform the initial PHA which PHA it
has selected as the receiving PHA. In cases where the family prefers not to
select the receiving PHA, the initial PHA selects the receiving PHA on behalf
of the family. HUD may determine in certain instances that a PHA is not
required to accept incoming portable families, such as a PHA in a declared
disaster area. However, the PHA must have approval in writing from HUD before
refusing any incoming portable families.
(c) Portability
procedures. The following portability procedures must be followed:
(1) When the
family decides to use the voucher outside of the PHA jurisdiction, the family
must notify the initial PHA of its desire to relocate and must specify the
location where it wants to live.
(2) The
initial PHA must determine the family's eligibility to move in accordance
with §§
982.353 and 982.354.
(3) Once
the receiving PHA is determined in accordance with paragraph
(b) of this section, the initial PHA must contact the receiving PHA,
via email or other confirmed delivery method, prior to approving the family's
request to move in order to determine whether the voucher will be absorbed or
billed by the receiving PHA. The receiving PHA must advise the initial PHA in
writing, via email or other confirmed delivery method, of its decision.
(4) If the
receiving PHA notifies the initial PHA that it will absorb the voucher, the
receiving PHA cannot reverse its decision at a later date without consent of
the initial PHA.
(5) If the
receiving PHA will bill the initial PHA for the portability voucher and the
cost of the HAP will increase due to the move, the initial PHA may deny the
move if it does not have sufficient funding for continued assistance in
accordance with §
982.354 (e)(1).
(6) If a
billing arrangement is approved by the initial PHA or if the voucher is to be
absorbed by the receiving PHA, the initial PHA must issue the family a voucher
to move, if it has not already done so, and advise the family how to contact
and request assistance from the receiving PHA.
(7) The
initial PHA must promptly notify the receiving PHA to expect the family. The
initial PHA must give the receiving PHA the form HUD-52665, the most recent
form HUD 50058 (Family Report) for the family, and all related verification
information.
(8) The
family must promptly contact the receiving PHA in order to be informed of the
receiving PHA's procedures for incoming portable families and comply with these
procedures. The family's failure to comply may result in denial or termination
of the receiving PHA's voucher.
(9) The
receiving PHA does not redetermine eligibility for a participant family.
However, for a family that was not already receiving assistance in the PHA's
HCV program, the initial PHA must determine whether the family is eligible for
admission to the receiving PHA's HCV program. In determining income eligibility,
the receiving PHA's income limits are used by the initial PHA.
(10) When
a receiving PHA assists a family under portability, administration of the
voucher must be in accordance with the receiving PHA's policies. This
requirement also applies to policies of Moving to Work agencies. The receiving
PHA procedures and preferences for selection among eligible applicants do not
apply to the family, and the receiving PHA waiting list is not used.
(11) If the
receiving PHA opts to conduct a new reexamination for a current participant
family, the receiving PHA may not delay issuing the family a voucher or
otherwise delay approval of a unit.
(12) The
receiving PHA must determine the family unit size for the family, and base its
determination on the subsidy standards of the receiving PHA.
(13) The
receiving PHA must issue a voucher to the family. The term of the receiving PHA
voucher may not expire before 30 calendar days from the expiration date of the
initial PHA voucher. If the voucher expires before the family arrives at the
receiving PHA, the receiving PHA must contact the initial PHA to determine if
it will extend the voucher.
(14) Once the
receiving PHA issues the portable family a voucher, the receiving PHA's
policies on extensions of the voucher term apply. The receiving PHA must notify
the initial PHA of any extensions granted to the term of the voucher.
(15) The
family must submit a request for tenancy approval to the receiving PHA during
the term of the receiving PHA voucher. As required in §
982.303, if the family submits a request for tenancy approval during the
term of the voucher, the PHA must suspend the term of that voucher.
(16) The
receiving PHA must promptly notify the initial PHA if the family has leased an
eligible unit under the program, or if the family fails to submit a request for
tenancy approval for an eligible unit within the term of the voucher.
(17) At
any time, either the initial PHA or the receiving PHA may make a determination
to deny or terminate assistance to the family in accordance with §
982.552 and 982.553.
(d) Absorption
by the receiving PHA.
(1) If
funding is available under the consolidated ACC for the receiving PHA's HCV
program, the receiving PHA may absorb the family into the receiving PHA's HCV
program. After absorption, the family is assisted with funds available under
the consolidated ACC for the receiving PHA's HCV program.
(2) HUD may
require that the receiving PHA absorb all, or a portion of, incoming portable
families. Under circumstances described in a notice published in the Federal
Register, HUD may determine that receiving PHAs, or categories of receiving
PHAs, should absorb all or a portion of incoming portable families. If HUD
makes such a determination, HUD will provide an opportunity for public comment,
for a period of no less than 60 calendar days, on such policy and procedures.
After consideration of public comments, HUD will publish a final notice in the
Federal Register advising PHAs and the public of HUD's final determination on
the subject of mandatory absorption of incoming portable families.
(3) HUD may
provide financial or nonfinancial incentives (or both) to PHAs that absorb
portability vouchers.
(e) Portability
billing.
(1) To cover
assistance for a portable family that was not absorbed in accordance with paragraph
(d) of this section, the receiving PHA may bill the initial PHA for
housing assistance payments and administrative fees.
(2) The
initial PHA must promptly reimburse the receiving PHA for the full amount of
the housing assistance payments made by the receiving PHA for the portable
family. The amount of the housing assistance payment for a portable family in
the receiving PHA program is determined in the same manner as for other
families in the receiving PHA program.
(3) The
initial PHA must promptly reimburse the receiving PHA for the lesser of 80
percent of the initial PHA ongoing administrative fee or 100 percent of the
receiving PHA's ongoing administrative fee for each program unit under HAP
contract on the first day of the month for which the receiving PHA is billing
the initial PHA under this section. If administrative fees are prorated for the
HCV program, the proration will apply to the amount of the administrative fee
for which the receiving PHA may bill under this section (e.g., the receiving
PHA may bill for the lesser of 80 percent of the initial PHA's prorated ongoing
administrative fee or 100 percent of the receiving PHA's prorated ongoing
administrative fee). If both PHAs agree, the PHAs may negotiate a different
amount of reimbursement.
(4) When a
portable family moves out of the HCV program of a receiving PHA that has not
absorbed the family, the PHA in the new jurisdiction to which the family moves
becomes the receiving PHA, and the first receiving PHA is no longer required to
provide assistance for the family.
(5) In
administration of portability, the initial PHA and the receiving PHA must
comply with financial procedures required by HUD, including the use of
HUD-required billing forms. The initial and receiving PHA must also comply with
billing and payment deadlines under the financial procedures.
(6) A PHA must
manage the PHA HCV program in a manner that ensures that the PHA has the
financial ability to provide assistance for families that move out of the PHA's
program under the portability procedures, and that have not been absorbed by
the receiving PHA, as well as for families that remain in the PHA's program.
(7) HUD may
reduce the administrative fee to an initial or receiving PHA if the PHA does
not comply with HUD portability requirements.
(f) Portability
funding.
(1) HUD may
transfer units and funds for assistance to portable families to the receiving
PHA from funds available under the initial PHA ACC.
(2) HUD may
provide additional funding (e.g., funds for incremental units) to the initial
PHA for funds transferred to a receiving PHA for portability purposes.
(3) HUD may
provide additional funding (e.g., funds for incremental units) to the receiving
PHA for absorption of portable families.
(4) HUD may
require the receiving PHA to absorb portable families.
(g) Special
purpose vouchers.
(1) The
initial PHA must submit the codes used for special purpose vouchers on the form
HUD-50058, Family Report, and the receiving PHA must maintain the codes on the
Family Report, as long as the Receiving PHA chooses to bill the initial PHA.
(2) Initial
and receiving PHAs must administer special purpose vouchers, such as the
HUD-Veterans Affairs Supportive Housing vouchers, in accordance with
HUD-established policy in cases where HUD has established alternative program
requirements of such special purpose vouchers.
[80
FR 50573, Aug. 20, 2015]
Subpart
L - Family Obligations; Denial and Termination of Assistance
Source: 60
FR 34695, July 3, 1995, unless otherwise noted.
§
982.551 Obligations of participant.
(a) Purpose. This
section states the obligations of a participant family under the program.
(b) Supplying
required information -
(1) The
family must supply any information that the PHA or HUD determines is necessary
in the administration of the program, including submission of required evidence
of citizenship or eligible immigration status (as provided by 24
CFR part 5). “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 interim reexamination of family income and
composition in accordance with HUD requirements.
(3) The
family must disclose and verify social security numbers (as provided by part 5,
subpart B, of this title) and must sign and submit consent forms for obtaining
information in accordance with part 5, subpart B, of this title.
(4) Any
information supplied by the family must be true and complete.
(c) HQS
breach caused by family. The family is responsible for an HQS breach
caused by the family as described in §
982.404(b).
(d) Allowing
PHA inspection. The family must allow the PHA to inspect the unit at
reasonable times and after reasonable notice.
(e) Violation
of lease. The family may not commit any serious or repeated violation of
the lease. Under 24
CFR 5.2005(c), an incident or incidents of actual or threatened domestic
violence, dating violence, sexual assault, or stalking will not be construed as
a serious or repeated lease violation by the victim, or threatened victim, of
the domestic violence, dating violence, sexual assault, or stalking, or as good
cause to terminate the tenancy, occupancy rights, or assistance of the victim.
(f) Family
notice of move or lease termination. The family must notify the PHA and the
owner before the family moves out of the unit, or terminates the lease on
notice to the owner. See §
982.354(d).
(g) Owner
eviction notice. The family must promptly give the PHA a copy of any owner
eviction notice.
(h) Use
and occupancy of unit -
(1) The
family must use the assisted unit for residence by the family. The unit must be
the family's only residence.
(2) The
composition of the assisted family residing in the unit must be approved by the
PHA. The family must promptly inform the PHA of the birth, adoption or
court-awarded custody of a child. The family must request PHA approval to add
any other family member as an occupant of the unit. No other person [i.e.,
nobody but members of the assisted family] may reside in the unit (except for a
foster child or live-in aide as provided in paragraph
(h)(4) of this section).
(3) The
family must promptly notify the PHA if any family member no longer resides in
the unit.
(4) If the
PHA has given approval, a foster child or a live-in-aide may reside in the
unit. The PHA has the discretion to adopt reasonable policies concerning
residence by a foster child or a live-in-aide, and defining when PHA consent
may be given or denied.
(5) Members
of the household may engage in legal profitmaking activities in the unit, but
only if such activities are incidental to primary use of the unit for residence
by members of the family.
(6) The
family must not sublease or let the unit.
(7) The
family must not assign the lease or transfer the unit.
(i) Absence
from unit. The family must supply any information or certification
requested by the PHA to verify that the family is living in the unit, or
relating to family absence from the unit, including any PHA-requested
information or certification on the purposes of family absences. The family
must cooperate with the PHA for this purpose. The family must promptly notify
the PHA of absence from the unit.
(j) Interest
in unit. The family must not own or have any interest in the unit.
(k) Fraud
and other program violation. The members of the family must not commit
fraud, bribery or any other corrupt or criminal act in connection with the
programs.
(l) Crime
by household members. The members of the household may not engage in
drug-related criminal activity or violent criminal activity or other criminal
activity that threatens the health, safety, or right to peaceful enjoyment of
other residents and persons residing in the immediate vicinity of the premises
(see §
982.553). Under 24
CFR 5.2005(b)(2), criminal activity directly related to domestic violence,
dating violence, sexual assault, or stalking, engaged in by a member of a
tenant's household, or any guest or other person under the tenant's control,
shall not be cause for termination of tenancy, occupancy rights, or assistance
of the victim, if the tenant or an affiliated individual of the tenant, as
defined in 24
CFR 5.2003, is the victim.
(m) Alcohol
abuse by household members. The members of the household must not abuse
alcohol in a way that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of
the premises.
(n) Other
housing assistance. An assisted family, or members of the family, may not
receive Section 8 tenant-based assistance while receiving another housing subsidy,
for the same unit or for a different unit, under any duplicative (as determined
by HUD or in accordance with HUD requirements) federal, State or local housing
assistance program.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61
FR 11119, Mar. 18, 1996; 61
FR 13627, Mar. 27, 1996; 61
FR 27163, May 30, 1996; 64
FR 26650, May 14, 1999; 66
FR 28805, May 24, 2001; 73
FR 72345, Nov. 28, 2008; 75
FR 66264, Oct. 27, 2010; 80
FR 50575, Aug. 20, 2015; 81
FR 80817, Nov. 16, 2016]
§
982.552 PHA denial or termination of assistance for family.
(a) Action
or inaction by family.
(1) A PHA may
deny assistance for an applicant or terminate assistance for a participant
under the programs because of the family's action or failure to act as
described in this section or §
982.553. The provisions of this section do not affect denial or termination
of assistance for grounds other than action or failure to act by the family.
(2) Denial of
assistance for an applicant may include any or all of the following: denying
listing on the PHA waiting list, denying or withdrawing a voucher, refusing to
enter into a HAP contract or approve a lease, and refusing to process or
provide assistance under portability procedures.
(3)
Termination of assistance for a participant may include any or all of the
following: refusing to enter into a HAP contract or approve a lease,
terminating housing assistance payments under an outstanding HAP contract, and
refusing to process or provide assistance under portability procedures.
(4) This
section does not limit or affect exercise of the PHA rights and remedies
against the owner under the HAP contract, including termination, suspension or
reduction of housing assistance payments, or termination of the HAP contract.
(b) Requirement
to deny admission or terminate assistance.
(1) For
provisions on denial of admission and termination of assistance for illegal
drug use, other criminal activity, and alcohol abuse that would threaten other
residents, see §
982.553.
(2) The PHA
must terminate program assistance for a family evicted from housing assisted
under the program for serious violation of the lease.
(3) The PHA
must deny admission to the program for an applicant, or terminate program
assistance for a participant, if any member of the family fails to sign and
submit consent forms for obtaining information in accordance with part 5,
subparts B and F of this title.
(4) The
family must submit required evidence of citizenship or eligible immigration
status. See part
5 of this title for a statement of circumstances in which the PHA must
deny admission or terminate program assistance because a family member does not
establish citizenship or eligible immigration status, and the applicable
informal hearing procedures.
(5) The PHA
must deny or terminate assistance if any family member fails to meet the
eligibility requirements concerning individuals enrolled at an institution of
higher education as specified in 24
CFR 5.612.
(c) Authority
to deny admission or terminate assistance -
(1) Grounds
for denial or termination of assistance. The PHA may at any time deny
program assistance for an applicant, or terminate program assistance for a
participant, for any of the following grounds:
(i) If the
family violates any family obligations under the program (see §
982.551). See §
982.553 concerning denial or termination of assistance for crime by
family members.
(ii) If any
member of the family has been evicted from federally assisted housing in the
last five years;
(iii) If a
PHA has ever terminated assistance under the program for any member of the
family.
(iv) If any
member of the family has committed fraud, bribery, or any other corrupt or
criminal act in connection with any Federal housing program (see also §
982.553(a)(1));
(v) If the
family currently owes rent or other amounts to the PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act.
(vi) If the
family has not reimbursed any PHA for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family
under the lease.
(vii) If the
family breaches an agreement with the PHA to pay amounts owed to a PHA, or
amounts paid to an owner by a PHA. (The PHA, at its discretion, may offer a
family the opportunity to enter an agreement to pay amounts owed to a PHA or
amounts paid to an owner by a PHA. The PHA may prescribe the terms of the
agreement.)
(viii) If a
family participating in the FSS program fails to comply, without good cause,
with the family's FSS contract of participation.
(ix) If the
family has engaged in or threatened abusive or violent behavior toward PHA
personnel.
(x) If a
welfare-to-work (WTW) family fails, willfully and persistently, to fulfill its
obligations under the welfare-to-work voucher program.
(xi) If the
family has been engaged in criminal activity or alcohol abuse as described
in §
982.553.
(2) Consideration
of circumstances. In determining whether to deny or terminate assistance
because of action or failure to act by members of the family:
(i) The PHA
may consider all relevant circumstances such as the seriousness of the case,
the extent of participation or culpability of individual family members,
mitigating circumstances related to the disability of a family member, and the
effects of denial or termination of assistance on other family members who were
not involved in the action or failure.
(ii) The PHA
may impose, as a condition of continued assistance for other family members, a
requirement that other family members who participated in or were culpable for
the action or failure will not reside in the unit. The PHA may permit the other
members of a participant family to continue receiving assistance.
(iii) In
determining whether to deny admission or terminate assistance for illegal use
of drugs or alcohol abuse by a household member who is no longer engaged in
such behavior, the PHA 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, the PHA 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 rehabilitation
program or evidence of otherwise having been rehabilitated successfully.
(iv) If the
family includes a person with disabilities, the PHA decision concerning such
action is subject to consideration of reasonable accommodation in accordance
with part
8 of this title.
(v) Nondiscrimination
limitation and protection for victims of domestic violence, dating violence,
sexual assault, or stalking. The PHA's admission and termination actions
must be consistent with fair housing and equal opportunity provisions of 24
CFR 5.105, and with the requirements of 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking).
(d) Information
for family. The PHA must give the family a written description of:
(1) Family
obligations under the program.
(2) The
grounds on which the PHA may deny or terminate assistance because of family
action or failure to act.
(3) The PHA
informal hearing procedures.
(e) Applicant
screening. The PHA may at any time deny program assistance for an
applicant in accordance with the PHA policy, as stated in the PHA
administrative plan, on screening of applicants for family behavior or
suitability for tenancy.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61
FR 13627, Mar. 27, 1996; 63
FR 23865, Apr. 30, 1998; 64
FR 26650, May 14, 1999; 64
FR 49659, Sept. 14, 1999; 64
FR 56915, Oct. 21, 1999; 65
FR 16823, Mar. 30, 2000; 66
FR 28805, May 24, 2001; 70
FR 77744, Dec. 30, 2005; 73
FR 72345, Nov. 28, 2008; 75
FR 66264, Oct. 27, 2010; 80
FR 8247, Feb. 17, 2015; 81
FR 80817, Nov. 16, 2016]
§
982.553 Denial of admission and termination of assistance for criminals and
alcohol abusers.
(a) Denial
of admission -
(1) Prohibiting
admission of drug criminals.
(i) The
PHA must prohibit admission to the program of an applicant for three
years from the date of eviction if a 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:
(A) That the
evicted household member who engaged in drug-related criminal activity has
successfully completed a supervised drug rehabilitation program approved by the
PHA; or
(B) That the
circumstances leading to eviction no longer exist (for example, the criminal
household member has died or is imprisoned).
(ii) The PHA
must establish standards that prohibit admission if:
(A) The PHA
determines that any household member is currently engaging in illegal use of a
drug;
(B) The PHA
determines that it has reasonable cause to believe that a household member's
illegal drug use or a pattern of illegal drug use may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents; or
(C) 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.
(2) Prohibiting
admission of other criminals -
(i) Mandatory
prohibition. The PHA must establish standards that prohibit
admission to the program if any member of the household is subject to a
lifetime registration requirement under a State sex offender registration
program. In this screening of applicants, the PHA must perform criminal history
background checks necessary to determine whether any household member is
subject to a lifetime sex offender registration requirement in the State where
the housing is located and in other States where the household members are
known to have resided.
(ii) Permissive
prohibitions.
(A) The
PHA may prohibit admission of a household to the program if the PHA
determines that any household member is currently engaged in, or has engaged in
during a reasonable time before the admission:
(1)
Drug-related criminal activity;
(2) Violent
criminal activity;
(3) Other
criminal activity which may threaten the health, safety, or right to peaceful
enjoyment of the premises by other residents or persons residing in the
immediate vicinity; or
(4) Other
criminal activity which may threaten the health or safety of the owner,
property management staff, or persons performing a contract administration
function or responsibility on behalf of the PHA (including a PHA employee or a
PHA contractor, subcontractor or agent).
(B) The PHA
may establish a period before the admission decision during which an applicant
must not have engaged in the activities specified in paragraph
(a)(2)(i) of this section (“reasonable time”).
(C) If the PHA
previously denied admission to an applicant because a member of the household
engaged in criminal activity, the PHA may reconsider the applicant if the PHA
has sufficient evidence that the members of the household are not currently
engaged in, and have not engaged in, such criminal activity during a reasonable
period, as determined by the PHA, before the admission decision.
(1) The PHA
would have “sufficient evidence” if the household member submitted a
certification that she or he is not currently engaged in and has not engaged in
such criminal activity during the specified period and provided supporting
information from such sources as a probation officer, a landlord, neighbors,
social service agency workers and criminal records, which the PHA verified.
(2) For
purposes of this section, a household member is “currently engaged in” criminal
activity if the person has engaged in the behavior recently enough to justify a
reasonable belief that the behavior is current.
(3) Prohibiting
admission of alcohol abusers. The PHA must establish standards that
prohibit admission to the program if the PHA determines that it has reasonable
cause to believe that a household member's abuse or pattern of abuse of alcohol
may threaten the health, safety, or right to peaceful enjoyment of the premises
by other residents.
(b) Terminating
assistance -
(1) Terminating
assistance for drug criminals.
(i) The
PHA must establish standards that allow the PHA to terminate
assistance for a family under the program if the PHA determines that:
(A) Any
household member is currently engaged in any illegal use of a drug; or
(B) A pattern
of illegal use of a drug by any household member interferes with the health,
safety, or right to peaceful enjoyment of the premises by other residents.
(ii) The PHA
must immediately terminate assistance for a family under the program if the PHA
determines that any member of the household has ever been convicted of
drug-related criminal activity for manufacture or production of methamphetamine
on the premises of federally assisted housing.
(iii) The PHA
must establish standards that allow the PHA to terminate assistance under the
program for a family if the PHA determines that any family member has violated
the family's obligation under §
982.551 not to engage in any drug-related criminal activity.
(2) Terminating
assistance for other criminals. The PHA must establish standards that
allow the PHA to terminate assistance under the program for a family if the PHA
determines that any household member has violated the family's obligation
under §
982.551 not to engage in violent criminal activity.
(3) Terminating
assistance for alcohol abusers. The PHA must establish standards that
allow termination of assistance for a family if the PHA determines that a
household member's abuse or pattern of abuse of alcohol may threaten the health,
safety, or right to peaceful enjoyment of the premises by other residents.
(c) Evidence
of criminal activity. The PHA may terminate assistance for criminal
activity by a household member as authorized in this section if the PHA
determines, based on a preponderance of the evidence, that the household member
has engaged in the activity, regardless of whether the household member has
been arrested or convicted for such activity.
(d) Use
of criminal record -
(1) Denial. If
a PHA proposes to deny admission for criminal activity as shown by a criminal
record, the PHA must provide the subject of the record and the applicant with a
copy of the criminal record. The PHA must give the family an opportunity to
dispute the accuracy and relevance of that record, in the informal review
process in accordance with §
982.554. (See part 5, subpart J for provision concerning access to criminal
records.)
(2) Termination
of assistance. If a PHA proposes to terminate assistance for criminal
activity as shown by a criminal record, the PHA must notify the household of
the proposed action to be based on the information and must provide the subject
of the record and the tenant with a copy of the criminal record. The PHA must
give the family an opportunity to dispute the accuracy and relevance of that
record in accordance with §
982.555.
(3) Cost
of obtaining criminal record. The PHA may not pass along to the tenant the
costs of a criminal records check.
(e) The
requirements in 24
CFR part 5, subpart L (Protection for Victims of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking) apply to this section.
[66
FR 28805, May 24, 2001, as amended at 73
FR 72345, Nov. 28, 2008; 75
FR 66264, Oct. 27, 2010; 80
FR 8247, Feb. 17, 2015; 81
FR 80817, Nov. 16, 2016]
§
982.554 Informal review for applicant.
(a) Notice
to applicant. The PHA must give an applicant for participation prompt
notice of a decision denying assistance to the applicant. The notice must
contain a brief statement of the reasons for the PHA decision. The notice must
also state that the applicant may request an informal review of the decision
and must describe how to obtain the informal review.
(b) Informal
review process. The PHA must give an applicant an opportunity for an
informal review of the PHA decision denying assistance to the applicant. The
administrative plan must state the PHA procedures for conducting an informal
review. The PHA review procedures must comply with the following:
(1) The
review may be conducted by any person or persons designated by the PHA, other
than a person who made or approved the decision under review or a subordinate
of this person.
(2) The
applicant must be given an opportunity to present written or oral objections to
the PHA decision.
(3) The PHA
must notify the applicant of the PHA final decision after the informal review,
including a brief statement of the reasons for the final decision.
(c) When
informal review is not required. The PHA is not required to provide the
applicant an opportunity for an informal review for any of the following:
(1)
Discretionary administrative determinations by the PHA.
(2) General
policy issues or class grievances.
(3) A
determination of the family unit size under the PHA subsidy standards.
(4) A PHA
determination not to approve an extension of the voucher term.
(5) A PHA
determination not to grant approval of the tenancy.
(6) An PHA
determination that a unit selected by the applicant is not in compliance with
HQS.
(7) An PHA
determination that the unit is not in accordance with HQS because of the family
size or composition.
(d) Restrictions
on assistance for noncitizens. The informal hearing provisions for the
denial of assistance on the basis of ineligible immigration status are
contained in 24
CFR part 5.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61
FR 13627, Mar. 27, 1996; 64
FR 26650, May 14, 1999; 80
FR 50575, Aug. 20, 2015]
§
982.555 Informal hearing for participant.
(a) When
hearing is required.
(1) A PHA
must give a participant family an opportunity for an informal hearing to
consider whether the following PHA decisions relating to the individual circumstances
of a participant family are in accordance with the law, HUD regulations and PHA
policies:
(i) A
determination of the family's annual or adjusted income, and the use of such
income to compute the housing assistance payment.
(ii) A
determination of the appropriate utility allowance (if any) for tenant-paid
utilities from the PHA utility allowance schedule.
(iii) A
determination of the family unit size under the PHA subsidy standards.
(iv) A
determination to terminate assistance for a participant family because of the
family's action or failure to act (see §
982.552).
(v) A
determination to terminate assistance because the participant family has been
absent from the assisted unit for longer than the maximum period permitted
under PHA policy and HUD rules.
(2) In the
cases described in paragraphs
(a)(1) (iv), (v) and (vi) of
this section, the PHA must give the opportunity for an informal hearing before
the PHA terminates housing assistance payments for the family under an
outstanding HAP contract.
(b) When
hearing is not required. The PHA is not required to provide a participant
family an opportunity for an informal hearing for any of the following:
(1)
Discretionary administrative determinations by the PHA.
(2) General
policy issues or class grievances.
(3)
Establishment of the PHA schedule of utility allowances for families in the
program.
(4) A PHA
determination not to approve an extension of the voucher term.
(5) A PHA
determination not to approve a unit or tenancy.
(6) A PHA
determination that an assisted unit is not in compliance with HQS. (However,
the PHA must provide the opportunity for an informal hearing for a decision to
terminate assistance for a breach of the HQS caused by the family as described
in §
982.551(c).)
(7) A PHA
determination that the unit is not in accordance with HQS because of the family
size.
(8) A
determination by the PHA to exercise or not to exercise any right or remedy
against the owner under a HAP contract.
(c) Notice
to family.
(1) In the
cases described in paragraphs
(a)(1) (i), (ii) and (iii) of
this section, the PHA must notify the family that the family may ask for an
explanation of the basis of the PHA determination, and that if the family does
not agree with the determination, the family may request an informal hearing on
the decision.
(2) In the
cases described in paragraphs
(a)(1) (iv), (v) and (vi) of
this section, the PHA must give the family prompt written notice that the family
may request a hearing. The notice must:
(i) Contain a
brief statement of reasons for the decision,
(ii) State
that if the family does not agree with the decision, the family may request an
informal hearing on the decision, and
(iii) State
the deadline for the family to request an informal hearing.
(d) Expeditious
hearing process. Where a hearing for a participant family is required
under this section, the PHA must proceed with the hearing in a reasonably
expeditious manner upon the request of the family.
(e) Hearing
procedures -
(1) Administrative
plan. The administrative plan must state the PHA procedures for conducting
informal hearings for participants.
(2) Discovery -
(i) By
family. The family must be given the opportunity to examine before the PHA
hearing any PHA documents that are directly relevant to the hearing. The family
must be allowed to copy any such document at the family's expense. If the PHA
does not make the document available for examination on request of the family,
the PHA may not rely on the document at the hearing.
(ii) By
PHA. The PHA hearing procedures may provide that the PHA must be given the
opportunity to examine at PHA offices before the PHA hearing any family
documents that are directly relevant to the hearing. The PHA must be allowed to
copy any such document at the PHA's expense. If the family does not make the
document available for examination on request of the PHA, the family may not
rely on the document at the hearing.
(iii) Documents. The
term “documents” includes records and regulations.
(3) Representation
of family. At its own expense, the family may be represented by a lawyer
or other representative.
(4) Hearing
officer: Appointment and authority.
(i) The
hearing may be conducted by any person or persons designated by the PHA, other
than a person who made or approved the decision under review or a subordinate
of this person.
(ii) The
person who conducts the hearing may regulate the conduct of the hearing in
accordance with the PHA hearing procedures.
(5) Evidence. The
PHA and the family must be given the opportunity to present evidence, and may
question any witnesses. Evidence may be considered without regard to
admissibility under the rules of evidence applicable to judicial proceedings.
(6) Issuance
of decision. The person who conducts the hearing must issue a written
decision, stating briefly the reasons for the decision. Factual determinations
relating to the individual circumstances of the family shall be based on a
preponderance of the evidence presented at the hearing. A copy of the hearing
decision shall be furnished promptly to the family.
(f) Effect
of decision. The PHA is not bound by a hearing decision:
(1)
Concerning a matter for which the PHA is not required to provide an opportunity
for an informal hearing under this section, or that otherwise exceeds the
authority of the person conducting the hearing under the PHA hearing
procedures.
(2) Contrary
to HUD regulations or requirements, or otherwise contrary to federal, State, or
local law.
(3) If the
PHA determines that it is not bound by a hearing decision, the PHA must
promptly notify the family of the determination, and of the reasons for the
determination.
(g) Restrictions
on assistance to noncitizens. The informal hearing provisions for the
denial of assistance on the basis of ineligible immigration status are
contained in 24
CFR part 5.
(Approved by
the Office of Management and Budget under control number 2577-0169)
[60
FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61
FR 13627, Mar. 27, 1996; 64
FR 26650, May 14, 1999; 65
FR 16823, Mar. 30, 2000; 80
FR 8247, Feb. 17, 2015; 80
FR 50575, Aug. 20, 2015
