(2) For Public Housing, the Section 8 Rental Certificate, the Section 8 Rental Voucher, and the Section 8 Moderate Rehabilitation programs, the PHA administering the program under an ACC with HUD. The amount payable monthly by the family as rent to the unit owner (Section 8 owner or PHA in public housing). HUD may withdraw permission to exercise those exceptions for program applicants at any time that exceptions are not being used or after a periodic review, based on the findings of the review. (6) Project based vouchers. (8) Nothing may preclude a tenant from seeking an internal emergency transfer and an external emergency transfer concurrently if a safe unit is not immediately available. Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the persons; (2) Is not obligated for the support of the persons; and. (2) For entities listed in paragraphs (a)(3) and (4) of this section, the financial information to be submitted to HUD in accordance with paragraph (b) of this section, must be submitted to HUD annually, no later than 90 days after the end of the fiscal year of the reporting period, and as otherwise provided by law. The circumstances addressed by this paragraph may include, but are not limited to, damage caused by third parties (such as a private entity or public entity undertaking work near a Public Housing project that results in damage to the project) or natural disasters. No assistance shall be provided under section 8 of the 1937 Act to any individual who: (a) Is enrolled as a student at an institution of higher education, as defined under section 102 of the Higher Education Act of 1965 (20 U.S.C. 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. WebLandlord tenant laws vary from state to state, so be sure to understand the laws in your state. For properties that scored below 60, the owner or PHA must conduct a survey of the entire project, including all units, inside areas, and outside areas, for any deficiency, and must electronically submit a copy of the results of the survey to HUD. (1) The term disability means, with respect to an individual: (i) A physical or mental impairment that substantially limits one or more major life activities of such individual; (iii) Being regarded as having such an impairment. Individual owner applicant. 4568) (with implementing regulations at 24 CFR part 93). Such an organization also may not, in providing services funded by HUD, discriminate against a beneficiary or prospective program beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. (1) Automated verification system. (g) Nondiscrimination requirements. You must establish standards that prohibit admission to federally assisted housing if you determine you have reasonable cause to believe that a household member's abuse or pattern of abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. (2) At the request of the PHA, the welfare agency will inform the PHA in writing of the amount and term of any specified welfare benefit reduction for a family member, and the reason for such reduction, and will also inform the PHA of any subsequent changes in the term or amount of such specified welfare benefit reduction. (a) Applicability. If You Need More Information To get information on the rules governing Utah landlords and tenants, view the Utah Legal Court. (iii) Step 3. They also must give written notice of having received the deposit. (2) The records management requirements do not apply to information that is public information, or is obtained by a PHA other than under this section. After notification of the INS decision on appeal, or in lieu of request of appeal to the INS, the family may request that the responsible entity provide a hearing. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. The pet rules established by a PHA may contain a reasonable definition of a common household pet. (a) Applicability. For non-fixed income, owners are not required to make adjustments pursuant to paragraph (b) of this section. A PHA that is a responsible entity under this subpart may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member. (1) PHAs may choose not to promulgate rules governing the keeping of common household pets or may include rules as provided in 5.318. (a) General. (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. 29, 2000; 67 FR 47432, July 18, 2002; 70 FR 77743, Dec. 30, 2005; 79 FR 36164, June 25, 2014; 81 FR 12370, Mar. On or after September 30, 1998 but prior to January 1, 1999, these entities may submit their financial reports in accordance with this section. 1437f, 1437n, and 13662, in accordance with established standards, as described in this subpart. Sections 5.150 through 5.180 appear at 80 FR 42352, July 16, 2015, unless otherwise noted. 42 U.S.C. If an owner requests a PHA to obtain criminal conviction records 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. full text search results Each covered housing provider, as identified in the program-specific regulations for the covered housing program, shall adopt an emergency transfer plan, no later than June 14, 2017 based on HUD's model emergency transfer plan, in accordance with the following: (1) For purposes of this section, the following definitions apply: (i) Internal emergency transfer refers to an emergency relocation of a tenant to another unit where the tenant would not be categorized as a new applicant; that is, the tenant may reside in the new unit without having to undergo an application process. (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. (5) The pet rules shall require the project owner to notify the pet owner if the project owner refuses to register a pet. Search & Navigation What discretion do I have in screening and eviction actions? 26, 2004, as amended at 80 FR 75934, Dec. 7, 2015]. You may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person in accordance with this subpart if you determine that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying a criminal conviction standard of proof of the activity. Types of health and safety concerns include, but are not limited to carbon monoxide, electrical hazards, extreme temperature, flammable materials or other fire hazards, garbage and debris, handrail hazards, infestation, lead-based paint, mold, and structural soundness. (2) Assistance for a Section 8 voucher tenancy. ); E.O. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. 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. 1270412708; E.O. (iii) The family does not include any person (who does not have eligible immigration status) other than the head of household, any spouse of the head of household, any parents of the head of household, any parents of the spouse, or any children of the head of household or spouse. As a part of such review, (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. (3) Eviction or lease enforcement. (d) A covered housing provider's compliance with the protections of 5.2005 and 5.2009, based on documentation received under this section shall not be sufficient to constitute evidence of an unreasonable act or omission by the covered housing provider. Except as provided in paragraph (d) of this section for Housing programs and, paragraph (d) of this section and 24 CFR 966.4(b) for Public Housing programs, project owners or PHAs may not prescribe pet rules that impose additional financial obligations on pet owners that are designed to compensate the project owner or PHA for costs associated with the presence of pets in the project, including (but not limited to) requiring pet owners: (i) To obtain liability or other insurance to cover damage caused by the pet; (ii) To agree to be strictly liable for all damages caused by the pet where this liability is not otherwise imposed by State or local law, or. (a) Applicability. Applicants whose applications are pending on June 19, 1995, shall be notified of the requirement to submit evidence of eligible status as soon as possible after June 19, 1995. (b) The project owner or PHA shall provide to each applicant for tenancy when he or she is offered a dwelling unit in a project for the elderly or persons with disabilities, the written notice specified in paragraphs (a) (1), (2), and (3) of this section. All elements of the unit or of the other areas of the owner or PHA's project that are subject to inspection and are not undergoing modernization at the time of the inspection (even if modernization is planned) will be subject to HUD's physical inspection protocol without adjustment. Multiply the amount determined in paragraph (c)(2)(i) (Step 1) by a fraction for which: (iii) Prorated housing assistance. The aggregate deferral period for deferrals granted prior to November 29, 1996 shall not exceed 3 years. (2) Extended inspection cycle. (2) For purposes of Public Housing programs: PHAs may define the term common household pet under 5.318. (C) For which preference in tenant selection is given for all units in the project to elderly or disabled families and that is owned by HUD or assisted under one of the programs identified by HUD through notice. (iii) Full disclosure of any family relationship between the owner and any security personnel. (A) If a family requests a financial hardship exemption, the responsible entity must suspend the minimum rent requirement beginning the month following the family's request for a hardship exemption until the responsible entity determines whether there is a qualifying financial hardship, and whether such hardship is temporary or long term.
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