[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: 24CFR982.1] [Page 570-573] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 982_SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM --Table of Contents Subpart A_General Information Sec. 982.1 Programs: purpose and structure. Subpart A_General Information Sec. 982.1 Programs: Purpose and structure. 982.2 Applicability. 982.3 HUD. 982.4 Definitions. 982.5 Notices required by this part. Subpart B_HUD Requirements and PHA Plan for Administration of Program 982.51 PHA authority to administer program. 982.52 HUD requirements. 982.53 Equal opportunity requirements. 982.54 Administrative plan. Subpart C_Funding and PHA Application for Funding 982.101 Allocation of funding. 982.102 Allocation of budget authority for renewal of expiring CACC funding increments. 982.103 PHA application for funding. 982.104 HUD review of application. Subpart D_Annual Contributions Contract and PHA Administration of Program 982.151 Annual contributions contract. 982.152 Administrative fee. 982.153 PHA responsibilities. 982.154 ACC reserve account. 982.155 Administrative fee reserve. 982.156 Depositary for program funds. 982.157 Budget and expenditure. 982.158 Program accounts and records. 982.159 Audit requirements. 982.160 HUD determination to administer a local program. 982.161 Conflict of interest. 982.162 Use of HUD-required contracts and other forms. 982.163 Fraud recoveries. Subpart E_Admission to Tenant-Based Program 982.201 Eligibility and targeting. 982.202 How applicants are selected: General requirements. 982.203 Special admission (non-waiting list): Assistance targeted by HUD. 982.204 Waiting list: Administration of waiting list. 982.205 Waiting list: Different programs. 982.206 Waiting list: Opening and closing; public notice. 982.207 Waiting list: Local preferences in admission to program. Subpart F [Reserved] Subpart G_Leasing a Unit 982.301 Information when family is selected. 982.302 Issuance of certificate or voucher; Requesting PHA approval of assisted tenancy. 982.303 Term of voucher. 982.304 Illegal discrimination: PHA assistance to family. [[Page 571]] 982.305 PHA approval of assisted tenancy. 982.306 PHA disapproval of owner. 982.307 Tenant screening. 982.308 Lease and tenancy. 982.309 Term of assisted tenancy. 982.310 Owner termination of tenancy. 982.311 When assistance is paid. 982.312 Absence from unit. 982.313 Security deposit: Amounts owed by tenant. 982.314 Move with continued tenant-based assistance. 982.315 Family break-up. 982.316 Live-in aide. 982.317 Lease-purchase agreements. Subpart H_Where Family Can Live and Move 982.351 Overview. 982.352 Eligible housing. 982.353 Where family can lease a unit with tenant-based assistance. 982.355 Portability: Administration by receiving PHA. Subpart I_Dwelling Unit: Housing Quality Standards, Subsidy Standards, Inspection and Maintenance 982.401 Housing quality standards (HQS). 982.402 Subsidy standards. 982.403 Terminating HAP contract when unit is too small. 982.404 Maintenance: Owner and family responsibility; PHA remedies. 982.405 PHA initial and periodic unit inspection. 982.406 Enforcement of HQS. Subpart J_Housing Assistance Payments Contract and Owner Responsibility 982.451 Housing assistance payments contract. 982.452 Owner responsibilities. 982.453 Owner breach of contract. 982.454 Termination of HAP contract: Insufficient funding. 982.455 Automatic termination of HAP contract. 982.456 Third parties. Subpart K_Rent and Housing Assistance Payment 982.501 Overview. 982.502 Conversion to voucher program. 982.503 Voucher tenancy: Payment standard amount and schedule. 982.504 Voucher tenancy: Payment standard for family in restructured subsidized multifamily project. 982.505 Voucher tenancy: How to calculate housing assistance payment. 982.506 Negotiating rent to owner. 982.507 Rent to owner: Reasonable rent. 982.508 Maximum family share at initial occupancy. 982.509 Rent to owner: Effect of rent control. 982.510 Other fees and charges. 982.514 Distribution of housing assistance payment. 982.515 Family share: Family responsibility. 982.516 Family income and composition: Regular and interim examinations. 982.517 Utility allowance schedule. 982.518 Regular tenancy: How to calculate housing assistance payment. 982.519 Regular tenancy: Annual adjustment of rent to owner. 982.520 Regular tenancy: Special adjustment of rent to owner. 982.521 Rent to owner in subsidized project. Subpart L_Family Obligations; Denial and Termination of Assistance 982.551 Obligations of participant. 982.552 PHA denial or termination of assistance for family. 982.553 Denial of admission and termination of assistance for criminals and alcohol abusers. 982.554 Informal review for applicant. 982.555 Informal hearing for participant. Subpart M_Special Housing Types 982.601 Overview. Single Room Occupancy (SRO) 982.602 SRO: Who may reside in an SRO? 982.603 SRO: Lease and HAP contract. 982.604 SRO: Voucher housing assistance payment. 982.605 SRO: Housing quality standards. Congregate Housing 982.606 Congregate housing: Who may reside in congregate housing. 982.607 Congregate housing: Lease and HAP contract. 982.608 Congregate housing: Voucher housing assistance payment. 982.609 Congregate housing: Housing quality standards. Group Home 982.610 Group home: Who may reside in a group home. 982.611 Group home: Lease and HAP contract. 982.612 Group home: State approval of group home. 982.613 Group home: Rent and voucher housing assistance payment. 982.614 Group home: Housing quality standards. Shared Housing 982.615 Shared housing: Occupancy. [[Page 572]] 982.616 Shared housing: Lease and HAP contract. 982.617 Shared housing: Rent and voucher housing assistance payment. 982.618 Shared housing: Housing quality standards. Cooperative 982.619 Cooperative housing. Manufactured Home 982.620 Manufactured home: Applicability of requirements. 982.621 Manufactured home: Housing quality standards. Manufactured Home Space Rental 982.622 Manufactured home space rental: Rent to owner. 982.623 Manufactured home space rental: Housing assistance payment. 982.624 Manufactured home space rental: Utility allowance schedule. Homeownership Option 982.625 Homeownership option: General. 982.626 Homeownership option: Initial requirements. 982.627 Homeownership option: Eligibility requirements for families. 982.628 Homeownership option: Eligible units. 982.629 Homeownership option: Additional PHA requirements for family search and purchase. 982.630 Homeownership option: Homeownership counseling. 982.631 Homeownership option: Home inspections, contract of sale, and PHA disapproval of seller. 982.632 Homeownership option: Financing purchase of home; affordability of purchase. 982.633 Homeownership option: Continued assistance requirements; Family obligations. 982.634 Homeownership option: Maximum term of homeownership assistance. 982.635 Homeownership option: Amount and distribution of monthly homeownership assistance payment. 982.636 Homeownership option: Portability. 982.637 Homeownership option: Move with continued tenant-based assistance. 982.638 Homeownership option: Denial or termination of assistance for family. 982.639 Homeownership option: Administrative fees. 982.641 Homeownership option: Applicability of other requirements. 982.642 Homeownership option: Pilot program for homeownership assistance for disabled families. 982.643 Homeownership option: Downpayment assistance grants. Authority: 42 U.S.C. 1437f and 3535(d). Source: 59 FR 36682, July 18, 1994, unless otherwise noted. Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a) General description. (1) In the HUD Housing Choice Voucher Program (Voucher Program) and the HUD certificate program, HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing. Both programs are generally administered by State or local governmental entities called public housing agencies (PHAs). HUD provides housing assistance funds to the PHA. HUD also provides funds for PHA administration of the programs. PHAs are no longer allowed to enter into contracts for assistance in the certificate program. (2) Families select and rent units that meet program housing quality standards. If the PHA approves a family's unit and tenancy, the PHA contracts with the owner to make rent subsidy payments on behalf of the family. A PHA may not approve a tenancy unless the rents is reasonable. (3) In the certificate program, the rental subsidy is generally based on the actual rent of a unit leased by the assisted family. In the voucher program, the rental subsidy is determined by a formula. (4)(i) In the certificate program, the subsidy for most families is the difference between the rent and 30 percent of adjusted monthly income. (ii) In the voucher program, the subsidy is based on a local ``payment standard'' that reflects the cost to lease a unit in the local housing market. If the rent is less than the payment standard, the family generally pays 30 percent of adjusted monthly income for rent. If the rent is more than the payment standard, the family pays a larger share of the rent. (b) Tenant-based and project-based assistance. (1) Section 8 assistance may be ``tenant-based'' or ``project-based''. In [[Page 573]] project-based programs, rental assistance is paid for families who live in specific housing developments or units. With tenant-based assistance, the assisted unit is selected by the family. The family may rent a unit anywhere in the United States in the jurisdiction of a PHA that runs a voucher program. (2) To receive tenant-based assistance, the family selects a suitable unit. After approving the tenancy, the PHA enters into a contract to make rental subsidy payments to the owner to subsidize occupancy by the family. The PHA contract with the owner only covers a single unit and a specific assisted family. If the family moves out of the leased unit, the contract with the owner terminates. The family may move to another unit with continued assistance so long as the family is complying with program requirements. [60 FR 34695, July 3, 1995, as amended at 64 FR 26640, May 14, 1999]