[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: 24CFR945.303]



[Page 404-405]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 945_DESIGNATED HOUSING_PUBLIC HOUSING DESIGNATED FOR OCCUPANCY BY 

DISABLED, ELDERLY, OR DISABLED AND ELDERLY FAMILIES--Table of Contents

 

                 Subpart C_Operating Designated Housing

 

Sec.  945.303  Requirements governing occupancy in designated housing.



    (a) Priority for occupancy. Except as provided in paragraph (c) of 

this section, in determining priority for admission to designated 

housing, the PHA shall make units in the designated housing available 

only to designated families.

    (b) Compliance with preference regulations. Among the designated 

families, the PHA shall give preference in accordance with the 

preferences in 24 CFR part 960, subpart B.

    (c) Eligibility of other families for housing designated for elderly 

families--(1) Insufficient elderly families. If there are an 

insufficient number of elderly families for the units in a project 

designated for elderly families, the PHA may make dwelling units 

available to near-elderly families, who qualify for preferences under 24 

CFR part 960, subpart B. The election to make dwelling units available 

to near-elderly families if there are an insufficient number of elderly 

families should be explained in the PHA's allocation plan.

    (2) Insufficient elderly families and near-elderly families. If 

there are an insufficient number of elderly families and near-elderly 

families for the units in a project designated for elderly families, the 

PHA shall make available to all other families any dwelling unit that 

is:

    (i) Ready for re-rental and for a new lease to take effect; and

    (ii) Vacant for more than 60 consecutive days.

    (d) Tenant choice of housing. (1) Subject to paragraph (d)(2) of 

this section, the decision of any disabled family or elderly family not 

to occupy or accept occupancy in designated housing shall not have an 

adverse affect on:

    (i) The family's admission to or continued occupancy in public 

housing; or

    (ii) The family's position on or placement on a public housing 

waiting list.

    (2) The protection provided by paragraph (d)(1) of this section 

shall not apply to any family who refuses to occupy or accept occupancy 

in designated housing because of the race, color, religion, sex, 

disability, familial status, or national origin of the occupants of the 

designated housing or the surrounding area.

    (3) The protection provided by paragraph (d)(1) of this section 

shall apply to an elderly family or disabled family that declines to 

accept occupancy, respectively, in a designated project for elderly 

families or for disabled families, and requests occupancy in a general 

occupancy project or in a mixed population project.



[[Page 405]]



    (e) Appropriateness of dwelling unit to family size. This part may 

not be construed to require a PHA to offer a dwelling in a designated 

project to any family who is not of appropriate family size for the 

dwelling unit. The temporary absence of a child from the home due to 

placement in foster care is not considered in determining family 

composition and family size.

    (f) Prohibition of evictions. Any tenant who is lawfully residing in 

a dwelling unit in a public housing project may not be evicted or 

otherwise required to vacate the unit because of the designation of the 

project, or because of any action taken by HUD or the PHA in accordance 

with this part.

    (g) Prohibition of coercion to accept supportive services. As with 

other HUD-assisted housing, no disabled family or elderly family 

residing in designated housing may be required to accept supportive 

services made available by the PHA under this part.

    (h) Availability of grievance procedures in 24 CFR part 966. The 

grievance procedures in 24 CFR part 966, subpart B, which applies to 

public housing tenants, is applicable to this part.