[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: 24CFR5.516]



[Page 72-73]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents

 

           Subpart E_Restrictions on Assistance to Noncitizens

 

Sec.  5.516  Availability of preservation assistance to mixed families 

and other families.



    (a) Assistance available for tenant mixed families--(1) General. 

Preservation assistance is available to tenant mixed families, following 

completion of the appeals and informal hearing procedures provided in 

Sec.  5.514. There are three types of preservation assistance:

    (i) Continued assistance (see paragraph (a) of Sec.  5.518);

    (ii) Temporary deferral of termination of assistance (see paragraph 

(b) of Sec.  5.518); or

    (iii) Prorated assistance (see Sec.  5.520, a mixed family must be 

provided prorated assistance if the family so requests).

    (2) Availability of assistance--(i) For Housing covered programs: 

One of the three types of assistance described is available to tenant 

mixed families assisted under a National Housing Act or



[[Page 73]]



1965 HUD Act covered program, depending upon the family's eligibility 

for such assistance. Continued assistance must be provided to a mixed 

family that meets the conditions for eligibility for continued 

assistance.

    (ii) For Section 8 or Public Housing covered programs. One of the 

three types of assistance described may be available to tenant mixed 

families assisted under a Section 8 or Public Housing covered program.

    (b) Assistance available for applicant mixed families. Prorated 

assistance is also available for mixed families applying for assistance 

as provided in Sec.  5.520.

    (c) Assistance available to other families in occupancy. Temporary 

deferral of termination of assistance may be available to families 

receiving assistance under a Section 214 covered program on June 19, 

1995, and who have no members with eligible immigration status, as set 

forth in paragraphs (c)(1) and (2) of this section.

    (1) For Housing covered programs: Temporary deferral of termination 

of assistance is available to families assisted under a Housing covered 

program.

    (2) For Section 8 or Public Housing covered programs: The 

responsible entity may make temporary deferral of termination of 

assistance to families assisted under a Section 8 or Public Housing 

covered program.

    (d) Section 8 covered programs: Discretion afforded to provide 

certain family preservation assistance--(1) Project owners. With respect 

to assistance under a Section 8 Act covered program administered by a 

project owner, HUD has the discretion to determine under what 

circumstances families are to be provided one of the two statutory forms 

of assistance for preservation of the family (continued assistance or 

temporary deferral of assistance). HUD is exercising its discretion by 

specifying the standards in this section under which a project owner 

must provide one of these two types of assistance to a family. However, 

project owners and PHAs must offer prorated assistance to eligible mixed 

families.

    (2) PHAs. The PHA, rather than HUD, has the discretion to determine 

the circumstances under which a family will be offered one of the two 

statutory forms of assistance (continued assistance or temporary 

deferral of termination of assistance). The PHA must establish its own 

policy and criteria to follow in making its decision. In establishing 

the criteria for granting continued assistance or temporary deferral of 

termination of assistance, the PHA must incorporate the statutory 

criteria, which are set forth in paragraphs (a) and (b) of Sec.  5.518. 

However, the PHA must offer prorated assistance to eligible families.



[61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 

64 FR 25732, May 12, 1999]