12101, et seq. The owner may not pass along to the applicant or tenant the costs of a criminal records check. The new inspection score will be considered the final score. Housing programs: Procedure for development of pet rules. (v) The amount payable monthly as rent to the unit owner by security personnel residing in the project (including a description of how this amount is determined), and the amount of any other compensation by the owner to such resident security personnel. Participation in housing programs serving specified populations as defined in this section does not present a fair housing issue of segregation, provided that such programs are administered to comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. (1) PHAs which have established pet rules and project owners shall ensure that the leases for all tenants of projects for the elderly or persons with disabilities: (i) State that tenants are permitted to keep common household pets in their dwelling units (subject to the provisions of this subpart and the pet rules); (ii) Shall incorporate by reference the pet rules promulgated by the project owner or PHA; (iii) Shall provide that the tenant agrees to comply with these rules; and. (m) Rule of construction. 2000cc5(7)(A). (G) Hearing to be recorded. The PHA, rather than HUD, has the discretion to determine the circumstances under which a family will be offered one of the two statutory forms of assistance (continued assistance or temporary deferral of termination of assistance). Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The owner or PHA is required to correct any deficiency HUD identifies within the timeframes HUD has established for the identified deficiency. Proration of the housing assistance payment does not affect contract rent to the owner. [63 FR 46591, Sept. 1, 1998, as amended at 64 FR 1505, Jan. 11, 1999; 64 FR 33755, June 24, 1999; 65 FR 16295, Mar. Search & Navigation (iii) Destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or final disposition of any such litigation. (1) Section 8 assistance other than assistance provided for a tenancy under the Section 8 Housing Choice Voucher Program. (3) Burden of proof that error or adverse conditions occurred rests with owner or PHA. (i) Administrative review of properties. Submission of evidence of citizenship or eligible immigration status. For individuals with disabilities, integration also means that such individuals are able to access housing and services in the most integrated setting appropriate to the individual's needs. The amount determined in paragraph (c)(1)(iv) (Step 4) is the prorated housing assistance payment for a mixed family. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. (1) Project owners. (1) Manual search of INS records. (ii) Without evicting, removing, terminating assistance to, or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government-funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary. Preventing Crime in Federally Assisted HousingDenying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse. Customer Service Center Handbook. (1) When extension must be granted. Table of Contents. (1) A covered housing provider must provide to each of its applicants and to each of its tenants the notice of occupancy rights and the certification form as described in this section: (i) A Notice of Occupancy Rights under the Violence Against Women Act, as prescribed and in accordance with directions provided by HUD, that explains the VAWA protections under this subpart, including the right to confidentiality, and any limitations on those protections; and. (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. (a) This subpart implements section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12 U.S.C. If the extension is granted, the notice shall specify the extension period granted (which shall not exceed thirty (30) days). 36003620; 42 U.S.C. Mandatory pet rules for housing programs. Unless modified by program-specific regulations, NSPIRE Standards will apply for these special housing types. If the pet owner makes a timely request for a meeting to discuss an alleged pet rule violation, the project owner shall establish a mutually agreeable time and place for the meeting but no later than 15 days from the effective date of service of the notice of pet rule violation (unless the project owner agrees to a later date). (4) Basis for technical review. (2) An owner must obtain third-party verification of all family assets every 3 years. PHAs and owners exercising this option must have a hardship policy in place for tenants. Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. The requirements of this section apply to recipients and subrecipients, as well as to owners, operators, and managers of shelters and other buildings and facilities and providers of services funded in whole or in part by any CPD program. Where a tenant has received the benefit of HUD financial assistance to which the tenant was not entitled because the tenant intentionally misrepresented eligible status, the ineligible tenant is responsible for reimbursing HUD for the assistance improperly paid. Where assistance is provided under more than one covered housing program and there is a conflict between VAWA protections or remedies under those programs, the individual seeking the VAWA protections or remedies may choose to use the protections or remedies under any or all of those programs, as long as the protections or remedies would be feasible and permissible under each of the program statutes. Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance. (B) Notify the tenant family in writing, at least 60 days in advance of the expiration of the deferral period, that termination of financial assistance will not be deferred because either granting another deferral will result in aggregate deferral periods that exceed the maximum deferral period (unless the family includes a refugee under section 207 of the Immigration and Nationality Act or an individual seeking asylum under section 208 of that Act), or a determination has been made that other affordable housing is available. (1) During approved occupancy by security personnel as provided in this section, the amount of the monthly housing assistance payment to the owner shall be equal to the contract rent (as determined in accordance with the HAP contract and HUD requirements) minus the amount (as approved by the contract administrator) of rent payable monthly as rent to the unit owner by such security personnel. (ii) A covered housing provider may, at its discretion, extend the 14-business-day deadline under paragraph (a)(2)(i) of this section. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 64 FR 25731, May 12, 1999]. (l) Tax exempt organizations. Pet Ownership Requirements for Housing Programs. (d) Section 8 covered programs: Discretion afforded to provide certain family preservation assistance . (1) Applicability. A religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Uniform self-inspection requirement and report. and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. A request by an owner for approval of admission of low income families other than very low income families to section 8 project-based units must state the basis for requesting the exception and provide supporting data. (4) For the Housing Choice Voucher program under 24 CFR part 982, the project-based voucher program under 24 CFR part 983, the public housing admission and occupancy requirements under 24 CFR part 960, and renewed funding or leases of the Section 8 project-based program under 24 CFR parts 880, 882, 883, 884, 886, as well as project-based section 8 provided in connection with housing under part 891, the HUD-required lease, lease addendum, or tenancy addendum, as applicable, must include a description of specific protections afforded to the victims of domestic violence, dating violence, sexual assault, or stalking, as provided in this subpart. (3) Engaging in other forms of technical assistance. A unit count error occurs if the total number of units considered in scoring is incorrect due to the fault of HUD. (ii) Each participant subject to the disclosure requirements under paragraph (e)(1)(i) of this section must submit the following information to the processing entity at the next interim or regularly scheduled reexamination or recertification of family composition or income, or other reexamination or recertification for the program involved: (A) The complete and accurate SSN assigned to the participant and to each member of the participant's household; and. If each organization is submitting a separate application as part of a group of applications, then each organization must include its unique entity identifier with its application submission. (iii) Timing of mortgagor's notice. 794); the Americans with Disabilities Act (42 U.S.C. (1) Limits or impairs the rights of persons with disabilities; (2) Authorizes project owners or PHAs to limit or impair the rights of persons with disabilities; or. (iii) Step 3. Notification of the requirement to submit evidence of citizenship or eligible immigration status, as required by this section, or to elect not to contend that one has eligible status as provided by paragraph (e) of this section, shall be given by the responsible entity as follows: (i) Applicant's notice. 4321). Similarly, a person who has a mobility disability is a member of the protected class of persons with disabilities and a member of the protected class of persons with mobility disabilities. 1.0, Physical Security Handbook for HUD Regional and Field Offices. 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. Disclosure of income information obtained from the SSA or IRS is restricted under 26 U.S.C. 26, 2004, unless otherwise noted. (a) Applicable programs. (ii) For purposes of Public Housing programs. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. A very low-income family whose annual income does not exceed the higher of: (1) The poverty guidelines established by the Department of Health and Human Services applicable to the family of the size involved (except in the case of families living in Puerto Rico or any other territory or possession of the United States); or. 2000e1), is not forfeited when the organization participates in a HUD program. Housing programs: Rejection of units by applicants for tenancy. Dependent. If, upon expiration of the provided time period, the participant fails to produce a SSN, the processing entity shall follow the provisions of 5.218. (f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs. title 24 of the Code of Federal Regulations. (a) Authority. For Section 8 programs other than the Section 8 voucher program, tenant rent is total tenant payment minus any utility allowance. (1) When is family exempt from minimum rent? Any information submitted to a covered housing provider under this section, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking (confidential information), shall be maintained in strict confidence by the covered housing provider. The reinspection will constitute the final inspection for the project, and HUD will issue a new inspection report (the final inspection report). If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. (3) PHAs that choose not to promulgate pet rules, shall not impose, by lease modification or otherwise, any requirement that is inconsistent with the provisions of this subpart C. (1) This subpart C does not define with specificity the limits of the project owners' or PHAs' discretion to promulgate pet rules. (2) Good cause for terminating the assistance, tenancy, or occupancy rights under a covered housing program of the victim or threatened victim of such incident. (vi) Any pet deposit that is established within the parameters set forth by paragraph (d)(2) of this section shall be deemed reasonable for purposes of this subpart C. (3) Public Housing programs: Maximum pet deposit. It briefly describes the programs purposes and features, explains how eligible jurisdictions apply to participate in HOME, and outlines some of the basic rules that govern the use of program funds. Some covered housing programs may provide different time frames than are specified in this paragraph (b), and in such cases, the program-specific regulations govern. Properties designated as standard 1 performing properties will be required to undergo a physical inspection once every three (3) years. (2) All HUD housing other than units assisted under the HCV and PBV programs must comply with State or local housing codes in order to comply with this subpart. The plan must include policies for assisting a tenant who is seeking an external emergency transfer under VAWA out of the covered housing provider's program or project, and a tenant who is seeking an external emergency transfer under VAWA into the covered housing provider's program or project. The owner shall bear the risk of collecting such rent from such security personnel, and the amount of the housing assistance payment shall not be increased because of non-payment by such security personnel. Examples of components included in the interior of a unit may include the balcony, bathroom, call-for-aid (if applicable), carbon monoxide devices, ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater, and windows. - FHA Single Family Housing Policy Handbook (PDF) The notice of pet rule violation must: (1) Contain a brief statement of the factual basis for the determination and the pet rule or rules alleged to be violated; (2) State that the pet owner has 10 days from the effective date of service of the notice to correct the violation (including, in appropriate circumstances, removal of the pet) or to make a written request for a meeting to discuss the violation; (3) State that the pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and. 8, 2016; 88 FR 9655, Feb. 14, 2023]. NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. With respect to behavior such as illegal use of a drug, other drug-related criminal activity, or other criminal activity, currently engaging in means that the individual has engaged in the behavior recently enough to justify a reasonable belief that the individual's behavior is current. (3) For all other Section 8 programs, the Section 236 Program, and the Rent Supplement Program, the owner. The term responsible entity is used in this subpart E to refer collectively to these entities, and is further defined in 5.504. Register for upcoming training, webinars, conferences, and more. Previously unemployed includes a person with disabilities who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Responsible entity. Action by the responsible entity to terminate the tenancy and to evict the tenant must be in accordance with applicable HUD regulations and other HUD requirements. What evidence of criminal activity must I have to evict? Access to Criminal Records and Information. PDF Roles and Responsibilities Quick Reference - HUD Exchange Neither HUD nor the PHA may disclose income information obtained from a SWICA directly to an owner (unless a PHA is the owner). However, project owners and PHAs must offer prorated assistance to eligible mixed families. Further, this term does not include those programs providing assistance under section 8 of the 1937 Act. A single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a resident family may not be provided a housing unit with two or more bedrooms. (f) Disclosure required of entity applicants. (2) If a covered housing provider receives documentation under paragraph (b)(1) of this section that contains conflicting information (including certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator), the covered housing provider may require an applicant or tenant to submit third-party documentation, as described in paragraphs (b)(1)(ii), (b)(1)(iii), or (b)(1)(iv) of this section, within 30 calendar days of the date of the request for the third-party documentation. (a) Applicability. (3) Security includes the protection of project residents, including resident project management from criminal or other activity that is a threat to person or property, or that arouses fears of such threat. (2) The law enforcement agency may charge you a reasonable fee for releasing criminal conviction records. (2) EIN. (c) Computer matching agreements. Learn about what HUD grantees are doing across the nation. The verification consent form shall provide that evidence of eligible immigration status may be released by the responsible entity without responsibility for the further use or transmission of the evidence by the entity receiving it, to: (ii) The INS for purposes of verification of the immigration status of the individual. (4) HOME Investment Partnerships (HOME) program (42 U.S.C. Identifies avenues under which discrimination claims may be pursued. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Owners must determine all other income pursuant to paragraph (b) of this section. Public housing program and Section 8 tenant-based assistance program: How welfare benefit reduction affects family income. For a tenancy under the voucher program, the PHA must prorate the family's assistance as follows: (i) Step 1. (2) The information covered by consent forms described in this subpart involves income information from SWICAs, and wages, net earnings from self-employment, payments of retirement income, and unearned income as referenced at 26 U.S.C. Request in-depth assistance with implementing a HUD-funded program. 12101, et seq. (2) Admission to units available on or after October 1, 1981. The notice must be translated into other languages if necessary to provide meaningful access for limited English proficient (LEP) individuals. Responsible entity. If, for any reason, the INS is unable to issue a decision within the 30 day time period, the INS will inform the family and responsible entity of the reasons for the delay. (2) Form and content of notice. Memorandum for All Executive Departments and Agencies, From the Attorney General, Federal Law Protections for Religious Liberty (Oct. 6, 2017) (describing Federal law protections for religious liberty). At the end of the 90-day suspension period, the responsible entity must reinstate the minimum rent from the beginning of the suspension. It is conveniently designed to accompany the practitioner into the courtroom as a portable reference guide. Such certifications are made in accordance with applicable regulations. (2) Notice of release of evidence by responsible entity. If they so choose, the PHAs may modify the provisions in 5.350 in any manner consistent with this subpart C. (2) If PHAs choose to promulgate pet rules, tenants must be permitted to own and keep pets in their units in accordance with the terms and conditions of their leases, the provisions of this subpart C, and any applicable State or local law or regulation governing the owning or keeping of pets in dwelling accommodations. (2) For the public housing program and the section 8 moderate rehabilitation, and certificate or voucher programs, the PHA may establish a minimum rent of up to $50. This self-inspection is independent of other HUD inspections discussed in 5.705. (c) Disclosure required of individual owner applicants. When am I specifically authorized to evict alcohol abusers? (iii) In the case of any Section 8 program, by a PHA acting as contract administrator under an ACC. guide. Utility allowance. (2) Rehabilitation of the multifamily rental housing in which the pre-construction estimated cost of the rehabilitation is equal to or greater than 75 percent of the total estimated cost of replacing the multifamily rental housing after the rehabilitation is complete. This document is available in the following developer friendly formats: Information and documentation can be found in our (iii) A non-existent deficiency error. (i) Exemption from Title VII employment discrimination requirements. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income. The following additional definitions are provided solely for purposes of 5.150 through 5.152 and related amendments in 24 CFR parts 91, 92, 570, 574, 576, and 903: Affirmatively furthering fair housing means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. (6) The emergency transfer plan must describe policies for assisting a tenant in making an internal emergency transfer under VAWA when a safe unit is not immediately available, and these policies must ensure that requests for internal emergency transfers under VAWA receive, at a minimum, any applicable additional priority that housing providers may already provide to other types of emergency transfer requests. The project owner or PHA shall refund the unused portion of the pet deposit to the tenant within a reasonable time after the tenant moves from the project or no longer owns or keeps a pet (or a cat or dog in the case of project owners) in the dwelling unit.