[Code of Federal Regulations] [Title 24, Volume 1] [Revised as of April 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR5.100] [Page 38-41] TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents Subpart A_Generally Applicable Definitions and Federal Requirements; Waivers Sec. 5.100 Definitions. Subpart A_Generally Applicable Definitions and Federal Requirements; Waivers Sec. 5.100 Definitions. 5.105 Other Federal requirements. 5.107 Audit requirements for non-profit organizations. 5.108 Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federally Funded Construction Projects. 5.109 Equal Participation of Religious Organizations in HUD Programs and Activities. 5.110 Waivers. Subpart B_Disclosure and Verification of Social Security Numbers and Employer Identification Numbers; Procedures for Obtaining Income Information 5.210 Purpose, applicability, and Federal preemption. 5.212 Compliance with the Privacy Act and other requirements. 5.214 Definitions. Disclosure and Verification of Social Security Numbers and Employer Identification Numbers for Applicants and Participants in Certain HUD Programs 5.216 Disclosure and verification of Social Security and Employer Identification Numbers. 5.218 Penalties for failing to disclose and verify Social Security and Employer Identification Numbers. Procedures for Obtaining Income Information About Applicants and Participants 5.230 Consent by assistance applicants and participants. 5.232 Penalties for failing to sign consent forms. 5.234 Requests for information from SWICAs and Federal agencies; restrictions on use. 5.236 Procedures for termination, denial, suspension, or reduction of assistance based on information obtained from a SWICA or Federal agency. 5.238 Criminal and civil penalties. 5.240 Family disclosure of income information to the responsible entity and verification. Subpart C_Pet Ownership for the Elderly or Persons With Disabilities General Requirements 5.300 Purpose. 5.303 Exclusion for animals that assist persons with disabilities. 5.306 Definitions. 5.309 Prohibition against discrimination. 5.312 Notice to tenants. 5.315 Content of pet rules: General requirements. 5.318 Discretionary pet rules. 5.321 Lease provisions. 5.324 Implementation of lease provisions. 5.327 Nuisance or threat to health or safety. Pet Ownership Requirements for Housing Programs 5.350 Mandatory pet rules for housing programs. 5.353 Housing programs: Procedure for development of pet rules. 5.356 Housing programs: Pet rule violation procedures. 5.359 Housing programs: Rejection of units by applicants for tenancy. 5.360 Housing programs: Additional lease provisions. 5.363 Housing programs: Protection of the pet. [[Page 39]] Pet Ownership Requirements for Public Housing Programs 5.380 Public housing programs: Procedure for development of pet rules. Subpart D_Definitions for Section 8 and Public Housing Assistance Under the United States Housing Act of 1937 5.400 Applicability. 5.403 Definitions. Subpart E_Restrictions on Assistance to Noncitizens 5.500 Applicability. 5.502 Requirements concerning documents. 5.504 Definitions. 5.506 General provisions. 5.508 Submission of evidence of citizenship or eligible immigration status. 5.510 Documents of eligible immigration status. 5.512 Verification of eligible immigration status. 5.514 Delay, denial, reduction or termination of assistance. 5.516 Availability of preservation assistance to mixed families and other families. 5.518 Types of preservation assistance available to mixed families and other families. 5.520 Proration of assistance. 5.522 Prohibition of assistance to noncitizen students. 5.524 Compliance with nondiscrimination requirements. 5.526 Protection from liability for responsible entities and State and local government agencies and officials. 5.528 Liability of ineligible tenants for reimbursement of benefits. Subpart F_Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance 5.601 Purpose and applicability. 5.603 Definitions. Family Income 5.609 Annual income. 5.611 Adjusted income. 5.612 Restrictions on assistance to students enrolled in an institution of higher education. 5.613 Public housing program and Section 8 tenant-based assistance program: PHA cooperation with welfare agency. 5.615 Public housing program and Section 8 tenant-based assistance program: How welfare benefit reduction affects family income. 5.617 Self-sufficiency incentives for persons with disabilities-- Disallowance of increase in annual income. Family Payment 5.628 Total tenant payment. 5.630 Minimum rent. 5.632 Utility reimbursements. 5.634 Tenant rent. Section 8 Project-Based Assistance: Occupancy Requirements 5.653 Section 8 project-based assistance programs: Admission--Income- eligibility and income-targeting. 5.655 Section 8 project-based assistance programs: Owner preferences in selection for a project or unit. 5.657 Section 8 project-based assistance programs: Reexamination of family income and composition. 5.659 Family information and verification. 5.661 Section 8 project-based assistance programs: Approval for police or other security personnel to live in project. Subpart G_Physical Condition Standards and Inspection Requirements 5.701 Applicability. 5.703 Physical condition standards for HUD housing that is decent, safe, sanitary and in good repair (DSS/GR). 5.705 Uniform physical inspection requirements. Subpart H_Uniform Financial Reporting Standards 5.801 Uniform financial reporting standards. Subpart I_Preventing Crime in Federally Assisted Housing_Denying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse General 5.850 Which subsidized housing is covered by this subpart? 5.851 What authority do I have to screen applicants and evict tenants? 5.852 What discretion do I have in screening and eviction actions? 5.853 Definitions. Denying Admissions 5.854 When must I prohibit admission of individuals who have engaged in drug-related criminal activity? 5.855 When am I specifically authorized to prohibit admission of individuals who have engaged in criminal activity? 5.856 When must I prohibit admission of sex offenders? 5.857 When must I prohibit admission of alcohol abusers? [[Page 40]] Terminating Tenancy 5.858 When authority do I have to evict drug criminals? 5.859 When am I specifically authorized to evict other criminals? 5.860 When am I specifically authorized to evict alcohol abusers? 5.861 What evidence of criminal activity must I have to evict? Subpart J_Access to Criminal Records and Information 5.901 To what criminal records and searches does this subpart apply? 5.902 Definitions. 5.903 What special authority is there to obtain access to criminal records? 5.905 What special authority is there to obtain access to sex offender registration information? Subpart K_Application Submission Requirements 5.1001 Applicability. 5.1003 Use of a universal identifier for organizations applying for HUD grants. 5.1005 Electronic submission of applications for grants and other financial assistance. Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub. L. 109-115, 119 Stat. 2936. Source: 61 FR 5202, Feb. 9, 1996, unless otherwise noted. Editorial Note: Nomenclature changes to part 5 appear at 65 FR 16715, Mar. 29, 2000. The following definitions apply to this part and also in other regulations, as noted: 1937 Act means the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) ADA means the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ALJ means an administrative law judge appointed to HUD pursuant to 5 U.S.C. 3105 or detailed to HUD pursuant to 5 U.S.C. 3344. 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. Department means the Department of Housing and Urban Development. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Elderly Person means an individual who is at least 62 years of age. Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.). 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. This Fair Market Rent includes utilities (except telephone). Separate Fair Market Rents will be established by HUD for dwelling units of varying sizes (number of bedrooms) and will be published in the Federal Register in accordance with part 888 of this title. Federally assisted housing (for purposes of subparts I and J of this part) means housing assisted under any of the following programs: (1) Public housing; (2) Housing receiving project-based or tenant-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f); (3) Housing that is assisted under section 202 of the Housing Act of 1959, as amended by section 801 of the National Affordable Housing Act (12 U.S.C. 1701q); (4) Housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the National Affordable Housing Act; (5) Housing that is assisted under section 811 of the National Affordable Housing Act (42 U.S.C. 8013); (6) Housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5)); [[Page 41]] (7) Housing insured, assisted, or held by HUD or by a State or local agency under section 236 of the National Housing Act (12 U.S.C. 1715z- 1); or (8) Housing assisted by the Rural Development Administration under section 514 or section 515 of the Housing Act of 1949 (42 U.S.C. 1483, 1484). General Counsel means the General Counsel of HUD. Grantee means the person or legal entity to which a grant is awarded and that is accountable for the use of the funds provided. Guest, only for purposes of 24 CFR part 5, subparts A and I, and parts 882, 960, 966, and 982, means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. The requirements of parts 966 and 982 apply to a guest as so defined. Household, for purposes of 24 CFR part 5, subpart I, and parts, 960, 966, 882, and 982, means the family and PHA-approved live-in aide. HUD means the same as Department. MSA means a metropolitan statistical area. NAHA means the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321). NOFA means Notice of Funding Availability. OMB means the Office of Management and Budget. Organizational Unit means the jurisdictional area of each Assistant Secretary, and each office head or field administrator reporting directly to the Secretary. Other person under the tenant's control, for the purposes of the definition of covered person and for parts 5, 882, 966, and 982 means that the person, although not staying as a guest (as defined in this section) in the unit, is, or was at the time of the activity in question, on the premises (as premises is defined in this section) because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant's control. Premises, for purposes of 24 CFR part 5, subpart I, and parts 960 and 966, means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds. Public housing means housing assisted under the 1937 Act, other than under Section 8. ``Public housing'' includes dwelling units in a mixed finance project that are assisted by a PHA with capital or operating assistance. Public Housing Agency (PHA) means any State, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act. Responsible entity means: (1) For the public housing program, the Section 8 tenant-based assistance program (part 982 of this title), and the Section 8 project- based certificate or voucher programs (part 983 of this title), and the Section 8 moderate rehabilitation program (part 882 of this title), responsible entity means the PHA administering the program under an ACC with HUD; (2) For all other Section 8 programs, responsible entity means the Section 8 project owner. Section 8 means section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). Secretary means the Secretary of Housing and Urban Development. URA means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4201-4655). Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. [61 FR 5202, Feb. 9, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000; 66 FR 28791, May 24, 2001] [[Page 42]]