[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: 24CFR960.206]



[Page 437-439]

 

                 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.  960.206  Waiting list: Local preferences in admission to public 

housing program.



    (a) Establishment of PHA local preferences. (1) The PHA may adopt a 

system of local preferences for selection of families admitted to the 

PHA's public housing program. The PHA system of selection preferences 

must be based on local housing needs and priorities as determined by the 

PHA. In determining such needs and priorities, the PHA shall use 

generally accepted data sources. Such sources include public comment on 

the PHA plan (as received pursuant to Sec.  903.17 of this chapter), and 

on the consolidated plan for the relevant jurisdiction (as received 

pursuant to part 91 of this title).

    (2) The PHA may limit the number of applicants that qualify for any 

local preference.

    (3) PHA adoption and implementation of local preferences is subject 

to HUD requirements concerning income-



[[Page 438]]



targeting (Sec.  960.202(b)), deconcentration and income-mixing (Sec.  

903.7), and selection preferences for developments designated 

exclusively for elderly or disabled families or for mixed population 

developments (Sec.  960.407).

    (4) The PHA must inform all applicants about available preferences 

and must give applicants an opportunity to show that they qualify for 

available preferences.

    (b) Particular local preferences--(1) Residency requirements or 

preferences. (i) Residency requirements are prohibited. Although a PHA 

is not prohibited from adopting a residency preference, the PHA may only 

adopt or implement residency preferences in accordance with non-

discrimination and equal opportunity requirements listed at Sec.  

5.105(a) of this title.

    (ii) A residency preference is a preference for admission of persons 

who reside in a specified geographic area (``residency preference 

area''). A county or municipality may be used as a residency preference 

area. An area smaller than a county or municipality may not be used as a 

residency preference area.

    (iii) Any PHA residency preferences must be included in the 

statement of PHA policies that govern eligibility, selection and 

admission to the program, which is included in the PHA annual plan (or 

supporting documents) pursuant to part 903 of this chapter. Such 

policies must specify that use of a residency preference will not have 

the purpose or effect of delaying or otherwise denying admission to the 

program based on the race, color, ethnic origin, gender, religion, 

disability, or age of any member of an applicant family.

    (iv) A residency preference must not be based on how long an 

applicant has resided or worked in a residency preference area.

    (v) Applicants who are working or who have been notified that they 

are hired to work in a residency preference area must be treated as 

residents of the residency preference area. The PHA may treat graduates 

of, or active participants in, education and training programs in a 

residency preference area as residents of the residency preference area 

if the education or training program is designed to prepare individuals 

for the job market.

    (2) Preference for working families. The PHA may adopt a preference 

for admission of working families (families where the head, spouse, or 

sole member, is employed). However, an applicant must be given the 

benefit of the working family preference if the head and spouse, or sole 

member is age 62 or older, or is a person with disabilities.

    (3) Preference for person with disabilities. The PHA may adopt a 

preference for admission of families that include a person with 

disabilities. However, the PHA may not adopt a preference for persons 

with a specific disability.

    (4) Preference for victims of domestic violence. The PHA should 

consider whether to adopt a local preference for admission of families 

that include victims of domestic violence.

    (5) Preference for single persons who are elderly, displaced, 

homeless or a person with disabilities. The PHA may adopt a preference 

for admission of single persons who are age 62 or older, displaced, 

homeless, or persons with disabilities over other single persons.

    (c) Selection for particular unit. In selecting a family to occupy a 

particular unit, the PHA may match characteristics of the family with 

the type of unit available, for example, number of bedrooms. In 

selection of families to occupy units with special accessibility 

features for persons with disabilities, the PHA must first offer such 

units to families which include persons with disabilities who require 

such accessibility features (see Sec. Sec.  8.27 and 100.202 of this 

title).

    (d) Housing assistance limitation for single persons. A single 

person who is not an elderly or displaced person, or a person with 

disabilities, or the remaining member of a resident family may not be 

provided a housing unit with two or more bedrooms.

    (e) Selection method. (1) The PHA must use the following to select 

among applicants on the waiting list with the same priority for 

admission:

    (i) Date and time of application; or

    (ii) A drawing or other random choice technique.

    (2) The method for selecting applicants must leave a clear audit 

trail



[[Page 439]]



that can be used to verify that each applicant has been selected in 

accordance with the method specified in the PHA plan.