[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.202]

[Page 573-574]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
              Subpart E--Admission to Tenant-Based Program
 
Sec. 982.202  How applicants are selected: General requirements.

    (a) Waiting list admissions and special admissions. The PHA may 
admit an applicant for participation in the program either:
    (1) As a special admission (see Sec. 982.203).
    (2) As a waiting list admission (see Sec. 982.204 through 
Sec. 982.210).
    (b) Prohibited admission criteria--(1) Where family lives. Admission 
to the program may not be based on where the family lives before 
admission to the program. However, the PHA may target assistance for 
families who live in public housing or other federally assisted housing, 
or may adopt a residency preference (see Sec. 982.207).
    (2) Where family will live. Admission to the program may not be 
based on where the family will live with assistance under the program.
    (3) Family characteristics. The PHA preference system may provide a 
preference for admission of families with certain characteristics from 
the PHA waiting list. However, admission to the program may not be based 
on:
    (i) Discrimination because members of the family are unwed parents, 
recipients of public assistance, or children born out of wedlock;
    (ii) Discrimination because a family includes children (familial 
status discrimination);
    (iii) Discrimination because of age, race, color, religion, sex, or 
national origin;
    (iv) Discrimination because of disability; or
    (v) Whether a family decides to participate in a family self-
sufficiency program.
    (c) Applicant status. An applicant does not have any right or 
entitlement to be listed on the PHA waiting list, to any

[[Page 574]]

particular position on the waiting list, or to admission to the 
programs. The preceding sentence does not affect or prejudice any right, 
independent of this rule, to bring a judicial action challenging an PHA 
violation of a constitutional or statutory requirement.
    (d) Admission policy. The PHA must admit applicants for 
participation in accordance with HUD regulations and other requirements, 
and with PHA policies stated in the PHA administrative plan and the PHA 
plan. The PHA admission policy must state the system of admission 
preferences that the PHA uses to select applicants from the waiting 
list, including any residency preference or other local preference.

[59 FR 36682, July 18, 1994, as amended at 60 FR 34717, July 3, 1995; 61 
FR 9048, Mar. 6, 1996; 61 FR 27163, May 30, 1996; 64 FR 26643, May 14, 
1999; 65 FR 16821, Mar. 30, 2000]