[Code of Federal Regulations]
[Title 24, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR291.405]

[Page 501-502]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
 CHAPTER II--OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING 
        COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY--Table of Contents
 
 Subpart E--Lease and Sale of HUD-Acquired Single Family Properties for 
                              the Homeless
 
Sec. 291.405  Definitions.

    For purposes of this subpart E:
    Applicant means a State, metropolitan city, urban county, 
governmental entity, tribe, or private nonprofit organization that 
submits a written expression of interest in eligible properties under 
this subpart E. Governmental entities include those that have general 
governmental powers (e.g., a city or county), as well as those with 
limited or special powers (e.g., public housing agencies or State 
housing finance agencies). In the case of applicants leasing properties 
while their applications for Supportive Housing assistance are pending, 
``applicant'' is defined in 24 CFR part 583.
    Homeless means:
    (1) Individuals or families who lack the resources to obtain 
housing, whose annual income is not in excess of 50 percent of the 
median income for the area, as determined by HUD, and who:
    (i) Have a primary nighttime residence that is a public or private 
place not designed for, or ordinarily used as, a regular sleeping 
accommodation for human beings;
    (ii) Have a primary nighttime residence that is a supervised 
publicly or privately operated shelter designed to provide temporary 
living accommodations (including welfare hotels, congregate shelters, 
and transitional housing, but excluding prisons or other detention 
facilities); or

[[Page 502]]

    (iii) Are at imminent risk of homelessness because they face 
immediate eviction and have been unable to identify a subsequent 
residence, which would result in emergency shelter placement (except 
that persons facing eviction on the basis of criminal conduct such as 
drug trafficking and violations of handgun prohibitions shall not be 
considered homeless for purposes of this definition); or
    (2) Persons with disabilities who are about to be released from an 
institution and are at risk of imminent homelessness because no 
subsequent residences have been identified and because they lack the 
resources and support networks necessary to obtain access to housing.
    Lessee means the applicant, approved by HUD as financially 
responsible, that executes a lease agreement with HUD for an eligible 
property.

[64 FR 6482, Feb. 9, 1999]