[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR884.214]



[Page 122-123]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 884_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION 

SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS--Table of Contents

 

               Subpart B_Project Development and Operation

 

Sec.  884.214  Marketing.



    (a) Compliance with equal opportunity requirements. Marketing of 

units and selection of Families by the Owner shall be in accordance with 

the Owner's FmHA-approved Affirmative Fair Housing Marketing Plan, if 

required, and with all regulations relating to fair housing advertising 

including use of the equal opportunity logotype statement and slogan in 

all advertising. Projects shall be managed and operated without regard 

to race, color, creed, religion, sex, or national origin.

    (b) Eligibility, selection and admission of families. (1) The owner 

is responsible for determination of eligibility of applicants in 

accordance with the procedure of 24 CFR part part 5, selection of 

families from among those determined to be eligible (including provision 

of Federal selection preferences in accordance with 24 CFR part 5), and 

computation of the amount of housing assistance payments on behalf of 

each selected family, in accordance with schedules and criteria 

established by HUD.

    (2) For every family that applies for admission, the owner and the 

applicant will complete and sign the form of application prescribed by 

HUD. However, if there are no vacant units and the owner's waiting list 

is such that there would be an unreasonable length of time before the 

applicant could be admitted, the owner may advise the applicant that the 

owner is not accepting applications for that reason.



The owner must retain copies of all completed applications together with 

any related correspondence for three years. For each family selected for 

admission, the owner must submit one copy of the completed and signed 

application to the HUD field office (in the case of private-owner/PHA 

projects, the owner simultaneously must send a copy of the form to the 

PHA). Housing assistance payments will not be made on behalf of an 

admitted family unit after this copy has been received by the HUD field 

office (or, in the case of private-owner/PHA projects, until the copy 

has been received by the PHA with a certification by the owner that the 

owner has sent a copy to HUD).



[[Page 123]]



    (3) If the Owner determines that the applicant is eligible on the 

basis of Income and family composition and is otherwise acceptable but 

the Owner does not have a suitable unit to offer, the Owner shall place 

such Family on his waiting list and so advise the Family.

    (4) If the Owner determines that the applicant is eligible on the 

basis of Income and family composition and is otherwise acceptable and 

if the Owner has a suitable unit, the Owner and the Family shall enter 

into a Lease. Such Lease shall be on the form of Lease included in the 

Owner's approved Final Proposal and shall otherwise be in conformity 

with the provisions of this part.

    (5) Records on applicant families and approved Families shall be 

maintained by the Owner so as to provide HUD with racial, ethnic and 

gender data and shall be retained by the Owner for three years.

    (6) In the case of a PHA-Owner project, (i) if the PHA places a 

Family on its waiting list, it shall notify the Family of the 

approximate date of availability of a suitable unit insofar as such date 

can be reasonably determined, and (ii) if the PHA determines that an 

applicant is ineligible on the basis of income or family composition, or 

that the PHA is not selecting the applicant for other reasons, the PHA 

shall promptly send the applicant a letter notifying him of the 

determination and the reasons and that the applicant has the right 

within a reasonable time (specified in the letter) to request an 

informal hearing. If, after conducting such an informal hearing, the PHA 

determines that the applicant shall not be admitted, the PHA shall so 

notify the applicant in writing and such notice shall inform the 

applicant that he has the right to request a review by HUD of the PHA's 

determination. The procedures of this subparagraph do not preclude the 

applicant from exercising his other rights if he believes he is being 

discriminated against on the basis of race, color, creed, religion, sex, 

or national origin. The PHA shall retain for three years a copy of the 

application, the letter, the applicant's response if any, the record of 

any informal hearing, and a statement of final disposition.

    (7) See 24 CFR part 5 for the informal review provisions for the 

denial of a Federal selection preference.

    (8) For the informal hearing provisions related to denial of 

assistance based upon failure to establish citizenship or eligible 

immigration status, see part 5 of this title for provisions concerning 

certain assistance for mixed families (families whose members include 

those with eligible immigration status, and those without eligible 

immigration status) in lieu of denial of assistance.



[41 FR 47168, Oct. 27, 1976. Redesignated at 45 FR 6909, Jan. 30, 1980, 

and amended at 53 FR 1162, Jan. 15, 1988; 53 FR 6601, Mar. 2, 1988; 60 

FR 14845, Mar. 20, 1995; 61 FR 9047, Mar. 6, 1996; 61 FR 13594, Mar. 27, 

1996; 65 FR 16723, Mar. 29, 2000]