NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. (2) A provision authorizing HUD, PHAs, or the owner responsible for determining eligibility for or the level of assistance to verify with previous or current employers income information pertinent to the assistance applicant's or participant's eligibility for or level of assistance under a covered program; (3) A provision authorizing HUD to request income return information from the IRS and the SSA for the sole purpose of verifying income information pertinent to the assistance applicant's or participant's eligibility or level of benefits; and. Upon completion of an inspection, or at the end of each day on a multiple-day inspection, REAC, or the appropriate party as described in 5.705(b), will provide the owner or PHA or owner's representative, a notice of any items classified as Life-Threatening or Severe deficiencies. If a PHA obtains sex offender registration information from a State or local agency under paragraph (a) of this section showing that a household member is subject to a lifetime sex offender registration requirement, 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 applicant or tenant, with a copy of such information, and an opportunity to dispute the accuracy and relevance of the information. The restrictions of 42 U.S.C. Talk to a lawyer without the retainer fees. (2) Assistance for a Section 8 voucher tenancy. The project owner shall serve on each tenant of the project, a notice of the final pet rules as provided in paragraph (f) of this section. (iii) Such other evidence of the SSN as HUD may prescribe in administrative instructions. Mandatory rules. During the term of this Consent Order, HUD may review compliance with this Consent Order, subject to and in accordance with HUD regulations. Access to the units shall be provided whether or not the resident is home or has installed additional locks for which the owner or PHA did not obtain keys. When am I specifically authorized to evict alcohol abusers? A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. (i) If an applicant or tenant does not provide the documentation requested under paragraph (a)(1) of this section within 14 business days after the date that the tenant receives a request in writing for such documentation from the covered housing provider, nothing in 5.2005 or 5.2009, which addresses the protections of VAWA, may be construed to limit the authority of the covered housing provider to: (A) Deny admission by the applicant or tenant to the covered housing program; (B) Deny assistance under the covered housing program to the applicant or tenant; (C) Terminate the participation of the tenant in the covered housing program; or. (a) Information available from SWICAs and Federal agenciesto whom and what. Owner. 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. In this context, words, gestures, actions, or other indicators will be considered an actual and imminent threat if they meet the standards provided in the definition of actual and imminent threat in 5.2003. 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. The PHA may direct such initial tenant moves as may be necessary to establish pet and no-pet areas. 8, 2016]. UNITED STATES OF AMERICA DEPARTMENT OF HOUSING (vi) No effect on contract rent. (3) State and local code compliance is not part of the determination of whether a unit passes the standards for the condition of HUD housing under this section for the HCV and PBV programs (except in accordance with 5.705(a)(3)). This subpart B also enables HUD and PHAs to obtain income information about applicants and participants in the covered programs through computer matches with State Wage Information Collection Agencies (SWICAs) and Federal agencies, in order to verify an applicant's or participant's eligibility for or level of assistance. If permanent repair will take longer than the allowable time in the relevant standard for the deficiency, the owner or PHA must provide HUD a timeframe for completing permanent repairs for HUD approval. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period. (3) Such welfare agency determinations are the responsibility of the welfare agency, and the family may seek appeal of such determinations through the welfare agency's normal due process procedures. For example, criminal conviction records may be included in pleadings or other papers filed in an eviction action, may be disclosed to parties to the action or the court, and may be filed in court or offered as evidence. (b) Assistance available for applicant mixed families. The admissions, occupancy, and operating policies and procedures of recipients, subrecipients, owners, operators, managers, and providers identified in paragraph (a) of this section, including policies and procedures to protect privacy, health, safety, and security, shall be established or amended, as necessary, and administered in a nondiscriminatory manner to ensure that: (1) Equal access to CPD programs, shelters, other buildings and facilities, benefits, services, and accommodations is provided to an individual in accordance with the individual's gender identity, and in a manner that affords equal access to the individual's family; (2) An individual is placed, served, and accommodated in accordance with the gender identity of the individual; (3) An individual is not subjected to intrusive questioning or asked to provide anatomical information or documentary, physical, or medical evidence of the individual's gender identity; and. (D) If the PHA determines that a qualifying financial hardship is temporary, the PHA must reinstate the minimum rent from the beginning of the suspension of the minimum rent. Integration means a condition, within the program participant's geographic area of analysis, in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area. (13) Nothing in this paragraph (e) may be construed to supersede any eligibility or other occupancy requirements that may apply under a covered housing program. Medical expenses. For example, if the PHA is seeking to evict a public housing tenant on the basis of criminal activity as shown in criminal conviction records provided by a law enforcement agency, the records may be disclosed to PHA employees performing functions related to the eviction, or to a PHA hearing officer conducting an administrative grievance hearing concerning the proposed eviction. Family has the meaning provided this term in 5.403, and applies to all HUD programs unless otherwise provided in the regulations for a specific HUD program. will bring you to those results. PHAs operating public housing will be scored and ranked under the Public Housing Assessment System (PHAS) outlined in part 902 of this title. (4) Any eviction or termination of assistance, as provided in paragraph (d)(3) of this section should be utilized by a covered housing provider only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. A tenant in a covered housing program may not be denied tenancy or occupancy rights solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking if: (i) The criminal activity is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, and. (d) Independence and identity of faith-based organizations. This document is available in the following developer friendly formats: Information and documentation can be found in our Utility reimbursement. Such information must be provided on an annual basis, except as required more frequently under paragraph (c)(4) of this section. For a tenancy under the voucher program, the PHA must prorate the family's assistance as follows: (i) Step 1. (D) Evict the tenant, or a lawful occupant that commits a violation of a lease. The tenant is not required to pay an escrow deposit pursuant to 966.55(e) for the portion of tenant rent attributable to the imputed welfare income in order to obtain a grievance hearing on the PHA determination. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. What authority do I have to screen applicants and to evict tenants? If an intermediaryacting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistanceis given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If an owner asks a PHA to obtain sex offender registration information concerning a household member in accordance with this section, the PHA may charge the owner reasonable fees for making the request on behalf of the owner and for taking other actions for the owner. The additional time provided should be sufficient to allow the individual the time to obtain the evidence needed. For this purpose, you 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. 29, 2000; 67 FR 47432, July 18, 2002; 70 FR 77743, Dec. 30, 2005; 79 FR 36164, June 25, 2014; 81 FR 12370, Mar. The family must pay as rent the portion of contract rent not covered by the prorated housing assistance payment. (b) Privacy Act notice. (2) Availability of documents for review. Your admission and eviction actions must be consistent with fair housing and equal opportunity provisions of 5.105. Consistent with Executive Order 13279, entitled Equal Protection of the Laws for Faith-Based and Community Organizations, as amended by Executive Order 13559, entitled Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations, and as amended by Executive Order 13831, entitled Establishment of a White House Faith and Opportunity Initiative, this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. 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). 3543(b) and 3544(a)(2), this term means the following: (1) For any program under 24 CFR parts 215, 221, 236, 290, or 891, or any program under Section 8 of the 1937 Act: A family or individual that seeks rental assistance under the program. HUD's Real Estate Assessment Center (REAC), or the appropriate entity either as described in 5.705(b), or as identified in the regulator agreement or contract for the property as described in 5.705(b)(1), will score and rank the physical condition of HUD housing properties in accordance with the procedures set out by the Secretary in 5.709. 24 CFR Part 5 -- General HUD Program Requirements; Waivers (a) Screening applicants. 1437c, 1437g, and 1437l) (Public Housing); (2) PHAs as contract administrators for any Section 8 project-based or tenant-based housing assistance payments program, which includes assistance under the following programs: (i) Section 8 project-based housing assistance payments programs, including, but not limited to, the Section 8 New Construction, Substantial Rehabilitation, Loan Management Set-Aside, Property Disposition, and Moderate Rehabilitation (including the Single Room Occupancy program for homeless individuals); (ii) Section 8 Project-Based Certificate programs; (iii) Any program providing Section 8 project-based renewal contracts; and. (iv) Shall state that violation of these rules may be grounds for removal of the pet or termination of the pet owner's tenancy (or both), in accordance with the provisions of this subpart and applicable regulations and State or local law. You may use the criminal conviction records that you obtain from a law enforcement agency under the authority of this section to screen applicants for admission to covered housing programs and for lease enforcement or eviction of families residing in public housing or receiving Section 8 project-based assistance. This short guide provides legal advocates with an overview of key tenants rights issues in the Low-Income Housing Tax Credit (LIHTC) program, including: rent The pet rules may require tenants who own or keep pets in their units to pay a refundable pet deposit. Except as otherwise specifically authorized under this subpart no project owner or PHA that owns or manages a project for the elderly or persons with disabilities may: (a) As a condition of tenancy or otherwise, prohibit or prevent any tenant of such housing from owning common household pets or having such pets living in the tenant's dwelling unit; or. Each has its own time frame when starting the eviction process. 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. 12101 et seq. 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. (C) The owner or mortgagee, as applicable, with respect to the rent supplement, Section 221(d)(3) BMIR, Section 235 homeownership assistance, or Section 236 programs. Covered person, for purposes of 24 CFR 5, subpart I, and parts 966 and 982, means a tenant, any member of the tenant's household, a guest or another person under the tenant's control. The file of a property that receives a score of 30 points or less, or two successive scores under 60, on its inspection will be subject to additional administrative review. Rental Help: Utah | HUD.gov / U.S. Department of Housing and Dispose of things in the proper manner. Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or. Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects. Except as described in paragraph (b) of this section and 5.514, no individual or family applying for assistance may receive such assistance prior to the verification of the eligibility of at least the individual or one family member. (a) Applicability. (1) Applicants. Bad landlords can be fined and/or debarred from doing business with the federal government 2004 - 2023 All Life-Threatening items must be corrected within 24 hours of receipt of notice of these items, unless HUD approves a variation. 66 FR 28794, May 24, 2001, unless otherwise noted. (2) In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. The family must be offered a reasonable repayment agreement, on terms and conditions established by the responsible entity, for the amount of back rent owed by the family. HUD provides guidance on the HOME program through Notices, Policy Memos, and the HOMEfires and HOME Facts newsletters. The responsible entity has the option of making utility reimbursement payments not less than once per calendar-year quarter, for reimbursements totaling $45 or less per quarter. (k) Commingling of Federal and State, tribal, and local funds. 1701 et seq.) (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. If the household participates in the Rent Supplement Program, the rent supplement paid on the household's behalf shall be the rent supplement the household would otherwise be entitled to, multiplied by a fraction, the denominator of which is the number of people in the household and the numerator of which is the number of eligible persons in the household; (2) Proration under Section 235 Program. PHAs shall develop the specific procedures governing tenant consultation, but these procedures must be designed to give tenants (or, if appropriate, tenant councils) adequate opportunity to review and comment upon the pet rules before they are issued for effect. (a) Required consent by assistance applicants and participants. 29, 2000]. (1) The responsible entity pays a utility reimbursement if the utility allowance (for tenant-paid utilities) exceeds the amount of the total tenant payment. (2) Specified welfare benefit reduction does not include a reduction or termination of welfare benefits by the welfare agency: (i) at expiration of a lifetime or other time limit on the payment of welfare benefits; (ii) because a family member is not able to obtain employment, even though the family member has complied with welfare agency economic self-sufficiency or work activities requirements; or.
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