hud rules and regulations handbook 2023

The owner shall not be entitled to receive any vacancy payment for the period following occupancy by such security personnel. For each project assisted under a contract for project-based assistance, of the dwelling units that become available for occupancy in any fiscal year that are assisted under the contract, not less than 40 percent shall be available for leasing only by families that are extremely low income families at the time of admission. Section by Section Summary. (4) For 24 CFR part 235: A homeowner or a cooperative member receiving homeownership assistance. (Gross rent is contract rent plus any allowance for tenant paid utilities). The processing entity must not reject documentation referred to in paragraph (g) of this section, except as HUD may otherwise prescribe through publicly issued notice. (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. 29, 2000]. (ii) A qualified security professional, with adequate training and experience to provide security services for project residents. (2) The emergency transfer plan must provide that a tenant receiving rental assistance through, or residing in a unit subsidized under, a covered housing program who is a victim of domestic violence, dating violence, sexual assault, or stalking qualifies for an emergency transfer if: (i) The tenant expressly requests the transfer; and, (A) The tenant reasonably believes there is a threat of imminent harm from further violence if the tenant remains within the same dwelling unit that the tenant is currently occupying; or. ; 42 U.S.C. (4) Preference for victims of domestic violence. (i) Exemption from Title VII employment discrimination requirements. Unaudited financial statements will be required 60 days after the PHA's fiscal year end, and audited financial statements will then be required no later than 9 months after the PHA's fiscal year end, in accordance with the Single Audit Act and 2 CFR part 200, subpart F. A PHA with a fiscal year ending September 30, 1999 that elects to submit its unaudited financial report earlier than the due date of November 30, 1999 must submit its report as required in this section. 12 U.S.C. (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. (iv) Require pet owners to remove pets from the premises to permit the pet to exercise or deposit waste, if no area in the project is designated for such purposes. 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). 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. (a) Applicability. The lease shall permit entry and inspection only if the project owner has received a signed, written complaint alleging (or the project owner has reasonable grounds to believe) that the conduct or condition of a pet in the dwelling unit constitutes, under applicable State or local law, a nuisance or a threat to the health or safety of the occupants of the project or other persons in the community where the project is located. (See definition of Section 8 Covered Programs in this section.). In accordance with the provisions governing the program involved, if the assistance applicant or participant, or any member of the assistance applicant's or participant's family, does not sign and submit the consent form as required in 5.230, then: (1) The processing entity shall deny assistance to and admission of an assistance applicant; (2) Assistance to, and the tenancy of, a participant may be terminated. An inspection shall be conducted no earlier than 3 months before and no later than 3 months after the date marking the anniversary of the previous inspection, except that inspections due on or before July 1, 2024, shall be conducted no earlier than 6 months before and no later than 6 months after the date marking the anniversary of the previous inspection. IRS means the Internal Revenue Service. Nothing in this subpart is intended to create any right of the family residing in HUD Housing or any party, other than HUD or a PHA, to require enforcement of the standards required by this subpart or to assert any claim against HUD or the PHA for damages, injunction, or other relief for alleged failure to enforce the standards. (a) Authority. Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. (3) For requirements concerning the following, see part 5, subpart B of this title: (i) Family verification and disclosure of social security numbers; (ii) Family execution and submission of consent forms for obtaining wage and claim information from State Wage Information Collection Agencies (SWICAs). (G) Hearing to be recorded. This document is available in the following developer friendly formats: Information and documentation can be found in our If the extension is denied, the notice shall explain the reasons for denial of the extension. 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. Except with the prior approval of HUD under paragraphs (d)(3) and (d)(4) of this section, the owner may only lease such units to very low income families. (9) Where applicable, the emergency transfer plan must describe policies for a tenant who has tenant-based rental assistance and who meets the requirements of paragraph (e)(2) of this section to move quickly with that assistance. (e) Independent HUD review. Tenants or tenant representatives may submit written comments on the proposed pet rules to the project owner by the date specified in the notice of proposed rules. (2) Processing entities must use HUD's EIV system in its entirety: (i) As a third party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income, in accordance with 5.236, and administrative guidance issued by HUD; and. (c) Assistance available to other families in occupancy. Total tenant payment is the highest of the following amounts, rounded to the nearest dollar: (1) 30 percent of the family's monthly adjusted income; (2) 10 percent of the family's monthly income; (3) If the family is receiving payments for welfare assistance from a public agency and a part of those payments, adjusted in accordance with the family's actual housing costs, is specifically designated by such agency to meet the family's housing costs, the portion of those payments which is so designated; (4) The minimum rent, as determined in accordance with 5.630; or. 3543(b) and 3544(a)(2), this term has the following meaning: (1) For any program under 24 CFR part 891, or Section 8 of the 1937 Act: A family receiving rental assistance under the program; (2) For the public housing program: A family or individual that is assisted under the program; (3) For 24 CFR parts 215, 221, 236, and 290: A tenant or qualified tenant under any of the programs; and. Public Housing Agency (PHA) is defined in 5.100. The standards under this section apply to all HUD housing. Participant. (5) The emergency transfer plan must allow a tenant to make an internal emergency transfer under VAWA when a safe unit is immediately available. You may require an applicant (or tenant) to exclude a household member in order to be admitted to the housing program (or continue to reside in the assisted unit), where that household member has participated in or been culpable for action or failure to act that warrants denial (or termination). Bases for exceptions that may be considered include the following: (i) Need for admission of a broader range of tenants to preserve the financial or management viability of a project because there is an insufficient number of potential applicants who are very low income families; (ii) Commitment of an owner to attaining occupancy by families with a broad range of incomes; (iii) Project supervision by a State Housing Finance Agency having a policy of occupancy by families with a broad range of incomes supported by evidence that the Agency is pursuing this goal throughout its assisted projects in the community, or a project with financing through Section 11(b) of the 1937 Act (42 U.S.C. (7) Housing with mortgages insured or held by HUD, or housing that is receiving assistance from HUD, under the following authorities: (i) Section 207 of the National Housing Act (NHA) (12 U.S.C. Inside of HUD housing (or inside areas) refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. ALJ means an administrative law judge appointed to HUD pursuant to 5 U.S.C. (2) Lead-based paint. HUD may approve requests by an owner or PHA for extensions of the deadline for an inspection for good cause as determined by HUD and HUD may extend inspection deadlines without owner request, as deemed necessary by the Secretary. Search online for a HUD-approved housing counseling agency by zip code here or call HUD's interactive voice system at (800) 569-4287. (a) Notification of occupancy rights under VAWA, and certification form. (3) Posting on the availability of materials. Some HUD programs' requirements govern any activity assisted under those programs. (2) The regulations in this subpart are supplemented by the specific regulations for the HUD-covered housing programs listed in 5.2003. (i) Before the end of each deferral period, the responsible entity must satisfy the applicable requirements of either paragraph (b)(5)(i)(A) or (B) of this section. Section 8 project-based assistance programs: Owner preferences in selection for a project or unit. ; 24 CFR part 8; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 19641965 Comp., p. 339; 3 CFR, 19661970 Comp., p. 684; 3 CFR, 19661970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 19711975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise). To allow for a period of consistent assessment of the financial reports submitted to HUD under this subpart part, PHAs listed in paragraphs (a)(1) and (a)(2) of this section will not be allowed to change their fiscal years for their first three full fiscal years following October 1, 1998. The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. 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. (b) Entity conducting inspections. Please do not provide confidential Information includes any requested certification, release or other documentation. Medical expenses. (d) Owner responsibility for verification. (ii) If the owner adopts a preference for admission of working families, the owner must not give a preference based on the amount of earned income. 26, 2004, as amended at 80 FR 75934, Dec. 7, 2015]. (ii) Addition of new household member who is under the age of 6 and has no assigned SSN. This check must be carried out with respect to the State in which the housing is located and with respect to States where members of the applicant household are known to have resided. The official, published CFR, is updated annually and available below under 8, 2016]. The regulations in this subpart may be supplemented by the specific regulations for the HUD-assisted programs listed in paragraph (a) of this section. (3) Which are not specifically excluded in paragraph (c) of this section. The PHA may direct such initial tenant moves as may be necessary to establish pet and no-pet areas. Determine the amount of the pre-proration housing assistance payment. Baseline income. (i) For each adult, the form must be signed by the adult. 2000bb et seq., HUD will not, in the selection of recipients, discriminate against an organization on the basis of the organization's religious character, affiliation, or exercise. (iv) How residence by security personnel in a project unit will increase security for Section 8 assisted families residing in the project. At the end of the 90-day suspension period, the responsible entity must reinstate the minimum rent from the beginning of the suspension. 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. (g) Judicial relief. Any entity responsible for conducting an inspection of HUD housing to determine compliance with this subpart, must inspect and score such HUD housing in accordance with the standards and procedures for identifying safe, habitable housing set out by the Secretary and published in the Federal Register as described in 5.711. (4) Action on request for exception. The responsible entity must request secondary verification, within 10 days of receiving the results of the primary verification, if the primary verification system does not confirm eligible immigration status, or if the primary verification system verifies immigration status that is ineligible for assistance under a Section 214 covered program. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows. PHAs must inspect units subject to 24 CFR part 983 in accordance with the frequency described in 24 CFR 983.103. [61 FR 11113, Mar. The provisions of 5.516 and 5.518 permitting continued assistance or temporary deferral of termination of assistance for certain families do not apply to any person who is determined to be a noncitizen student as in paragraph (c)(2)(A) of Section 214 (42 U.S.C. 1270412708; E.O. (m) Rule of construction. (12) The covered housing provider must keep a record of all emergency transfers requested under its emergency transfer plan, and the outcomes of such requests, and retain these records for a period of three years, or for a period of time as specified in program regulations. 14043e et seq.) All owners and PHAs are required to provide HUD or its representative with full and free access to all HUD-assisted properties. Continued assistance must be provided to a mixed family that meets the conditions for eligibility for continued assistance. (iv) No effect on rent to owner. (a) Required consent by assistance applicants and participants. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Low income family. Unless specified in the regulations for each of the programs listed in paragraph (d) of this section or in another regulatory section of this part 5, subpart F, the regulations in part 5, subpart F, generally are not applicable to these programs; and. Sexual orientation means one's emotional or physical attraction to the same and/or opposite sex (e.g., homosexuality, heterosexuality, or bisexuality). 794). (2) Thirty (30) percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30 percent of the area median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes. This Fair Market Rent includes utilities (except telephone). (3) Would not be living in the unit except to provide the necessary supportive services. (g) Public Housing programs: Designated pet areas. T: 202-708-1112 (a) Compliance with the Privacy Act. Compliance with nondiscrimination requirements. 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.

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