(1) The score of the property is the final score if the owner or PHA files no request for technical review, as provided in paragraph (d) of this section, or for other adjustment of the physical condition score, as provided in paragraph (e) of this section. (1) Except as excluded pursuant to 42 U.S.C. One twelfth of adjusted income. 3105 or detailed to HUD pursuant to 5 U.S.C. (3) State that all comments must be submitted to the project owner no later than 30 days from the effective date of the notice of the proposed rules. (3) Contents of request. (3) Triennial cycle for small rural PHAs. 2022 Employee Handbook. 6103(l)(7) and 42 U.S.C. (ii) Standard 2 performing property. The notice of denial or termination of assistance shall advise the family: (1) That financial assistance will be denied or terminated, and provide a brief explanation of the reasons for the proposed denial or termination of assistance; (2) That the family may be eligible for proration of assistance as provided under 5.520; (3) In the case of a tenant, the criteria and procedures for obtaining relief under the provisions for preservation of families in 5.514 and 5.518; (4) That the family has a right to request an appeal to the INS of the results of secondary verification of immigration status and to submit additional documentation or a written explanation in support of the appeal in accordance with the procedures of paragraph (e) of this section; (5) That the family has a right to request an informal hearing with the responsible entity either upon completion of the INS appeal or in lieu of the INS appeal as provided in paragraph (f) of this section; (6) For applicants, the notice shall advise that assistance may not be delayed until the conclusion of the INS appeal process, but assistance may be delayed during the pendency of the informal hearing process. The aggregate deferral period for deferrals granted prior to November 29, 1996 shall not exceed 3 years. (a) This section applies to families that reside in dwelling units with assistance under the public housing program, the Section 8 tenant-based assistance programs, or for which project-based assistance is provided under the Section 8, Section 202, or Section 811 program. Properties designated as standard 1 performing properties will be required to undergo a physical inspection once every three (3) years. (v) The project owner may (subject to the HUD-prescribed limits) increase the amount of the pet deposit by amending the house pet rules in accordance with 5.353. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. 29, 2000; 65 FR 55161, Sept. 12, 2000; 66 FR 6223, Jan. 19, 2001; 67 FR 47432, July 18, 2002; 81 FR 12370, Mar. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. (c) If there is no State or local authority (or designated agent of such an authority) authorized to remove a pet under these circumstances and the project owner has placed a provision in the lease agreement (as described in 5.360(c)(2)), the project owner may enter the pet owner's unit, remove the pet, and place the pet in a facility that will provide care and shelter until the pet owner or a representative of the pet owner is able to assume responsibility for the pet, but not longer than 30 days. Race: 1 - American Indian or Alaska Native 2 - Asian 3 - Black or African . The assistance applicant shall submit the signed consent forms to the processing entity when eligibility under a covered program is being determined. (b) Prohibited basis for denial or termination of assistance or eviction . Dating violence means violence committed by a person: (1) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and. Federal Register/Vol. (a) General. (2) Housing programs: Maximum pet deposit. (ii) The distribution or possession of property among members of a household. (2) PHAs. Examples of outside components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non-dwelling buildings, and walkways. (a) An applicant for tenancy in a project for the elderly or persons with disabilities may reject a unit offered by a project owner if the unit is in close proximity to a dwelling unit in which an existing tenant of the project owns or keeps a common household pet. The reinspection will constitute the final inspection for the project, and HUD will issue a new inspection report (the final inspection report). (ii) An applicant for, or tenant of, covered housing assistance may seek relief against a PHA in these circumstances by bringing a civil action for damages and such other relief as may be appropriate against the PHA responsible for such unauthorized action. For persons with disabilities, segregation includes a condition in which the housing or services are not in the most integrated setting appropriate to an individual's needs in accordance with the requirements of the Americans with Disabilities Act (42 U.S.C. (1) For public housing, a PHA may adopt additional deductions from annual income. 1701r1) as it pertains to projects for the elderly or persons with disabilities under: (1) The housing programs administered by the Assistant Secretary for Housing-Federal Housing Commissioner; (2) Projects assisted under the programs contained in chapter VIII of this title 24; and, [61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. Exclusion for animals that assist, support, or provide service to persons with disabilities. (b) Nothing in this subpart C imposes a duty on project owners to provide alternate dwelling units to existing or prospective tenants because of the proximity of common household pets to a particular unit or the presence of such pets in the project. Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity. An applicant's rejection of a unit under this section shall not adversely affect his or her application for tenancy in the project, including (but not limited to) his or her position on the project waiting list or qualification for any tenant selection preference. HUD may determine it is appropriate to review the results of a property's physical inspection if facts and circumstances affecting the owner's or PHA's property are not reflected in the inspection or are reflected inappropriately in the inspection. MSA means a metropolitan statistical area. A responsible entity shall notify the family of its decision concerning the family's qualification for family preservation assistance. If the participant or any member of the participant's household has been assigned a new SSN, the participant must submit the following to the processing entity at either the time of receipt of the new SSN; at the next interim or regularly scheduled reexamination or recertification of family composition or income, or other reexamination or recertification; or at such earlier time specified by the processing entity: (A) The complete and accurate SSN assigned to the participant or household member involved; and. The pet's temperament may be considered as a factor in determining the prospective pet owner's ability to comply with the pet rules and other lease obligations. (17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. Housing programs serving specified populations are HUD and Federal housing programs, including designations in the programs, as applicable, such as HUD's Supportive Housing for the Elderly, Supportive Housing for Persons with Disabilities, homeless assistance programs under the McKinney-Vento Homeless Assistance Act (42 U.S.C. Organizational Unit means the jurisdictional area of each Assistant Secretary, and each office head or field administrator reporting directly to the Secretary. 66 FR 28794, May 24, 2001, unless otherwise noted. Disallowance. Verification of eligible immigration status. Procedures for Obtaining Income Information About Applicants and Participants. (11) The unit must have a permanently mounted light fixture in the kitchen and each bathroom. (i) Residency requirements are prohibited. In the case of project owners, this pet deposit shall be limited to those tenants who own or keep cats or dogs in their units. The request for appeal shall be made by the family communicating that request in writing directly to the INS. Application, Registration, and Submission Requirements. Public Housing Occupancy Guidebook | HUD.gov / U.S. Department of PDF 2022 Employee Handbook The disallowance of earned income provided by this section is applicable only to the following programs: HOME Investment Partnerships Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part 574); Supportive Housing Program (24 CFR part 583); and the Housing Choice Voucher Program (24 CFR part 982). (Form G845S is available from the local INS Office.). Substantial rehabilitation, for the purposes of determining when installation of broadband infrastructure is required as part of substantial rehabilitation of multifamily rental housing, unless otherwise defined by a program, means work that involves: (1) Significant work on the electrical system of the multifamily rental housing. (5) Determination of availability of affordable housing at end of each deferral period. Submission of evidence of citizenship or eligible immigration status. Fair Market Rent (FMR) means the rent that would be required to be paid in the particular housing market area in order to obtain privately owned, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Work activities. (i) Jurisdictions and Insular Areas, as described in 570.405 and defined in 570.3, that are required to submit consolidated plans for the following programs: (A) The Community Development Block Grant (CDBG) program (see 24 CFR part 570, subparts D and I); (B) The Emergency Solutions Grants (ESG) program (see 24 CFR part 576); (C) The HOME Investment Partnerships (HOME) program (see 24 CFR part 92); and. The result is the maximum subsidy for which the family could qualify if all members were eligible (family maximum subsidy). (ii) Any person, including an officer, employee, or authorized representative of any PHA or a project owner, who knowingly and willfully discloses any such information in any manner to any individual not entitled under any law to receive the information. The new inspection score will be considered the final score. Self-sufficiency incentives for persons with disabilitiesDisallowance of increase in annual income. Access to Criminal Records and Information. (a) Threat to other residents. Computer match means the automated comparison of data bases containing records about individuals. Pursuant to the affirmatively furthering fair housing mandate in section 808(e)(5) of the Fair Housing Act, and in subsequent legislative enactments, the purpose of the Affirmatively Furthering Fair Housing (AFFH) regulations is to provide program participants with a substantive definition of the AFFH requirement, as well as to provide access to an effective planning approach to aid those program participants that wish to avail themselves of it in taking meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. 13925 and 42 U.S.C. 3543(b), 3544(a)(2), and paragraph (2) of this definition, this term means a partnership, corporation, or any other association or entity, other than an individual owner applicant, that seeks to participate as a private owner in any of the following: (i) The project-based assistance programs under Section 8 of the 1937 Act; (ii) The programs in 24 CFR parts 215, 221, or 236; or. 42014655). A request for a technical review of inspection results must be submitted electronically and must be received by the inspecting entity no later than the 45th calendar day following the day the inspection report is provided to the owner or PHA. The PHA may not refuse to admit (or delay admission of) an applicant for tenancy on the grounds that the applicant's admission would violate a pet or no-pet area. The consent forms expire after a certain time and may authorize the collection of other information from assistance applicants or participants to determine eligibility or level of benefits as provided in 813.109, 913.109, and 950.315 of this title. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program's statutory and regulatory provisions. (3) The State or local agency may charge a reasonable fee for providing the information. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant's control. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns about individual residents. Family disclosure of income information to the responsible entity and verification. Very low income family. [65 FR 16720, Mar. Gender identity means the gender with which a person identifies, regardless of the sex assigned to that person at birth and regardless of the person's perceived gender identity. But the HUD FHA guidelines can be a bit overwhelming for home buyers and borrowers. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person's individual safety or the safety of others; or. Each member of the family of an assistance applicant or participant who is at least 18 years of age, and each family head and spouse regardless of age, shall sign one or more consent forms. (i) Tenants assisted under a Section 8 covered program: For tenants assisted under a Section 8 covered program, the procedures for the hearing before the responsible entity are set forth in: (A) For Section 8 Moderate Rehabilitation assistance: 24 CFR part 882; (B) For Section 8 tenant-based assistance: 24 CFR part 982; or. (5) Homeless programs under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
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