[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: 24CFR891.410]



[Page 191-193]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 891_SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

--Table of Contents

 

                      Subpart D_Project Management

 

Sec.  891.410  Selection and admission of tenants.



    (a) Written procedures. The Owner shall adopt written tenant 

selection procedures that ensure nondiscrimination in the selection of 

tenants and that are consistent with the purpose of improving housing 

opportunities for very low-income elderly persons and persons with 

disabilities (as applicable); and reasonably related to program 

eligibility and an applicant's ability to perform the obligations of the 

lease. Owners shall promptly inform in writing any rejected applicant of 

the grounds for any rejection. Additionally, Owners shall maintain a 

written, chronological waiting list showing the name, race, gender, 

ethnicity, and date of each person applying for the program.

    (b) Application for admission. The Owner must accept applications 

for admission to the project in the form prescribed by HUD, and (under 

the Section 202 Program only) is obligated to confirm all information 

provided by applicant families on the application. Applicant households 

applying for assisted units (or residential spaces in a group home) must 

complete a certification of eligibility as part of the application for 

admission. Applicant households must meet the disclosure and 

verification requirements for Social Security Numbers, as provided by 24 

CFR part 5, subpart B. Applicant families must sign and submit consent 

forms for the obtaining of wage and claim information from State Wage 

Information Collection Agencies, as provided by 24 CFR part 5, subpart 

B. Both the Owner and the applicant household must complete and sign the 

application for admission. On request, the Owner must furnish copies of 

all applications for admission to HUD.

    (c) Determination of eligibility and selection of tenants. (1) The 

Owner is responsible for determining whether applicants are eligible for 

admission and for the selection of households. To be eligible for 

admission, an applicant must be an elderly person or a person with 

disabilities, as applicable (as defined in Sec. Sec.  891.205 and 

891.305, respectively); must meet the disclosure and verification 

requirements for Social Security Numbers, as provided by 24 CFR part 5, 

subpart B; must sign and submit consent forms for the obtaining of wage 

and claim information from State Wage Information Collection Agencies, 

as provided by 24 CFR part 5, subpart B; and must be a very low-income 

family, as defined in Sec.  891.105.

    (2) Under the Section 811 Program:

    (i) In order to be eligible for admission, the applicant must also 

meet any project occupancy requirements approved by HUD.

    (ii) Owners shall make selections in a nondiscriminatory manner 

without regard to considerations such as race, religion, color, sex, 

national origin, familial status, or disability. An Owner may, with the 

approval of the Secretary, limit occupancy within housing developed 

under this part 891 to persons with disabilities who have similar 

disabilities and require a similar set of supportive services in a 

supportive housing environment. However, the Owner must permit occupancy 

by any qualified person with a disability who could benefit from the 

housing and/or services provided regardless of the person's disability.

    (d) Unit assignment. If the Owner determines that the household is 

eligible and is otherwise acceptable and units (or residential spaces in 

a group home) are available, the Owner will assign the household a unit 

or residential space in a group home. If the household will occupy an 

assisted unit, the Owner will assign the household a unit of the 

appropriate size in accordance with HUD's general occupancy guidelines. 

If no suitable unit (or residential space in a group home) is available, 

the Owner will place the household on a waiting list for the project and 

notify the household when a suitable unit or residential space may 

become available. If the waiting list is so long that the applicant 

would not be likely to be admitted for the next 12 months, the Owner may 

advise the applicant that



[[Page 192]]



no additional applications for admission are being considered for that 

reason.

    (e) Ineligibility determination. If the Owner determines that an 

applicant is ineligible for admission or the Owner is not selecting the 

applicant for other reasons, the Owner will promptly notify the 

applicant in writing of the determination, the reasons for the 

determination, and the applicant's right to request a meeting to review 

the rejection, in accordance with HUD requirements. The review, if 

requested, may not be conducted by a member of the Owner's staff who 

made the initial decision to reject the applicant. The applicant may 

also exercise other rights (e.g., rights granted under Federal, State or 

local civil rights laws) if the applicant believes he or she is being 

discriminated against on a prohibited basis.

    (f) Records. Records on applicants and approved eligible households, 

which provide racial, ethnic, gender and place of previous residency 

data required by HUD, must be retained for three years. See Sec.  

891.410(a).

    (g) Reexamination of household family income and composition--(1) 

Regular reexaminations. The Owner must reexamine the income and 

composition of the household at least every 12 months. Upon verification 

of the information, the Owner must make appropriate adjustments in the 

total tenant payment in accordance with part 813 of this chapter, as 

modified by Sec.  891.105, and must determine whether the household's 

unit size is still appropriate. The Owner must adjust tenant payment and 

the project rental assistance payment, and must carry out any unit 

transfer in accordance with HUD standards. At the time of reexamination 

under paragraph (g)(1) of this section, the Owner must require the 

household to meet the disclosure and verification requirements for 

Social Security Numbers, as provided by 24 CFR part 5, subpart B. For 

requirements regarding the signing and submitting of consent forms by 

families for obtaining of wage and claim information from State Wage 

Information Collection Agencies, see 24 CFR part 5, subpart B.

    (2) Interim reexaminations. The household must comply with the 

provisions in its lease regarding interim reporting of changes in 

income. If the Owner receives information concerning a change in the 

household's income or other circumstances between regularly scheduled 

reexaminations, the Owner must consult with the household and make any 

adjustments determined to be appropriate. See 24 CFR part 5, subpart B 

for the requirements for the disclosure and verification of Social 

Security Number at interim reexaminations involving new household 

members. For requirements regarding the signing and submitting of 

consent forms by families for the obtaining of wage and claim 

information from State Wage Information Collection Agencies, see 24 CFR 

part 5, subpart B. Any change in the household's income or other 

circumstances that result in an adjustment in the total tenant payment, 

tenant payment, and project rental assistance payment must be verified.

    (3) Continuation of project rental assistance payment. (i) A 

household shall remain eligible for project rental assistance payment 

until the total tenant payment equals or exceeds the gross rent (or a 

pro rata share of the gross rent in a group home). The termination of 

subsidy eligibility will not affect the household's other rights under 

its lease. Project rental assistance payment may be resumed if, as a 

result of changes in income, rent or other relevant circumstances during 

the term of the PRAC, the household meets the income eligibility 

requirements of 24 CFR part 813 (as modified in Sec.  891.105) and 

project rental assistance is available for the unit or residential space 

under the terms of the PRAC. The household will not be required to 

establish its eligibility for admission to the project under the 

remaining requirements of paragraph (c) of this section.

    (ii) A household's eligibility for project rental assistance payment 

may be terminated in accordance with HUD requirements for such reasons 

as failure to submit requested verification information, including 

information related to disclosure and verification of Social Security 

Numbers, as provided by 24 CFR part 5, subpart B or failure to sign and 

submit consent forms for the obtaining of wage and claim information 

from State Wage Information



[[Page 193]]



Collection Agencies (as provided by 24 CFR part 5, subpart B).



[61 FR 11956, Mar. 22, 1996, as amended at 65 FR 16724, Mar. 29, 2000]