[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR1000.110]

[Page 743-744]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents
 
                 Subpart B_Affordable Housing Activities
 
Sec. 1000.110  Under what conditions may non low-income Indian families 
participate in the program?

    (a) A family who is purchasing housing under a lease purchase 
agreement and who was low income at the time the lease was signed is 
eligible without further conditions.
    (b) A recipient may provide the following types of assistance to non 
low-income Indian families under the conditions specified in paragraphs 
(c), (d) and (e) of this section:
    (1) Homeownership activities under section 202(2) of NAHASDA, which 
may include assistance in conjunction with loan guarantees under the 
Section 184 program (see 24 CFR part 1005);
    (2) Model activities under section 202(6) of NAHASDA; and
    (3) Loan guarantee activities under title VI of NAHASDA.

[[Page 744]]

    (c) A recipient must determine and document that there is a need for 
housing for each family which cannot reasonably be met without such 
assistance.
    (d) A recipient may use up to 10 percent of its annual grant amount 
for families whose income falls within 80 to 100 percent of the median 
income without HUD approval. HUD approval is required if a recipient 
plans to use more than 10 percent of its annual grant amount for such 
assistance or to provide housing for families with income over 100 
percent of median income.
    (e) Non low-income Indian families cannot receive the same benefits 
provided low-income Indian families. The amount of assistance non low-
income Indian families may receive will be determined as follows:
    (1) The rent (including homebuyer payments under a lease purchase 
agreement) to be paid by a non low-income Indian family cannot be less 
than: (Income of non low-income family/Income of family at 80 percent of 
median income) x (Rental payment of family at 80 percent of median 
income), but need not exceed the fair market rent or value of the unit.
    (2) Other assistance, including down payment assistance, to non low-
income Indian families, cannot exceed: (Income of family at 80 percent 
of median income/Income of non low-income family) x (Present value of 
the assistance provided to family at 80 percent of median income).
    (f) The requirements set forth in paragraph (e) of this section do 
not apply to non low-income Indian families which the recipient has 
determined to be essential to the well-being of the Indian families 
residing in the housing area.