[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: 24CFR960.202]



[Page 433-434]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 960_ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING--Table of Contents

 

                           Subpart B_Admission

 

Sec.  960.202  Tenant selection policies.



    (a) Selection policies, generally. (1) The PHA shall establish and 

adopt written policies for admission of tenants.

    (2) These policies shall provide for and include the following:

    (i) Targeting admissions to extremely low income families as 

provided in paragraph (b) of this section.

    (ii) Deconcentration of poverty and income-mixing in accordance with 

the PHA Plan regulations (see 24 CFR part 903).

    (iii) Precluding admission of applicants whose habits and practices 

reasonably may be expected to have a detrimental effect on the residents 

or the project environment;

    (iv) Objective and reasonable policies for selection by the PHA 

among otherwise eligible applicants, including requirements for 

applications and waiting lists (see 24 CFR 1.4), and for verification 

and documentation of information relevant to acceptance or rejection of 

an applicant, including documentation and verification of citizenship 

and eligible immigration status under 24 CFR part 5; and

    (v) Policies of participant transfer between units, developments, 

and programs. For example, a PHA could adopt a criterion for voluntary 

transfer that the tenant had met all obligations under the current 

program, including payment of charges to the PHA.

    (b) Targeting admissions to extremely low income families--(1) 

Targeting requirement. (i) Not less than 40 percent of the families 

admitted to a PHA's public housing program during the



[[Page 434]]



PHA fiscal year from the PHA waiting list shall be extremely low income 

families. This is called the ``basic targeting requirement.''

    (ii) To the extent provided in paragraph (b)(2) of this section, 

admission of extremely low income families to the PHA's Section 8 

voucher program during the same PHA fiscal year is credited against the 

basic targeting requirement.

    (iii) A PHA must comply with both the targeting requirement found in 

this part and the deconcentration requirements found in part 903 of this 

chapter.

    (2) Credit for admissions to PHA voucher program. (i) If admissions 

of extremely low income families to the PHA's voucher program during a 

PHA fiscal year exceeds the 75 percent minimum targeting requirement for 

the PHA's voucher program (see 24 CFR 982.201(b)(2)), such excess shall 

be credited (subject to the limitations in paragraph (b)(2)(ii) of this 

section) against the PHA's basic targeting requirement for the same 

fiscal year.

    (ii) The fiscal year credit for voucher program admissions that 

exceed the minimum voucher program targeting requirement shall not 

exceed the lower of:

    (A) Ten percent of public housing waiting list admissions during the 

PHA fiscal year;

    (B) Ten percent of waiting list admission to the PHA's Section 8 

tenant-based assistance program during the PHA fiscal year; or

    (C) The number of qualifying low income families who commence 

occupancy during the fiscal year of PHA public housing units located in 

census tracts with a poverty rate of 30 percent or more. For this 

purpose, qualifying low income family means a low income family other 

than an extremely low income family.

    (c) Adoption and availability of tenant selection policies. These 

selection policies shall:

    (1) Be duly adopted and implemented;

    (2) Be publicized by posting copies thereof in each office where 

applications are received and by furnishing copies to applicants or 

tenants upon request, free or at their expense, at the discretion of the 

PHA; and

    (3) Be consistent with the fair housing and equal opportunity 

provisions of Sec.  5.105 of this title; and

    (4) Be submitted to the HUD field office upon request from that 

office.