[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: 24CFR982.202]



[Page 588-589]

 

                 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 E_Admission to Tenant-Based Program

 

Sec.  982.202  How applicants are selected: General requirements.



    (a) Waiting list admissions and special admissions. The PHA may 

admit an applicant for participation in the program either:

    (1) As a special admission (see Sec.  982.203).

    (2) As a waiting list admission (see Sec.  982.204 through Sec.  

982.210).



[[Page 589]]



    (b) Prohibited admission criteria--(1) Where family lives. Admission 

to the program may not be based on where the family lives before 

admission to the program. However, the PHA may target assistance for 

families who live in public housing or other federally assisted housing, 

or may adopt a residency preference (see Sec.  982.207).

    (2) Where family will live. Admission to the program may not be 

based on where the family will live with assistance under the program.

    (3) Family characteristics. The PHA preference system may provide a 

preference for admission of families with certain characteristics from 

the PHA waiting list. However, admission to the program may not be based 

on:

    (i) Discrimination because members of the family are unwed parents, 

recipients of public assistance, or children born out of wedlock;

    (ii) Discrimination because a family includes children (familial 

status discrimination);

    (iii) Discrimination because of age, race, color, religion, sex, or 

national origin;

    (iv) Discrimination because of disability; or

    (v) Whether a family decides to participate in a family self-

sufficiency program.

    (c) Applicant status. An applicant does not have any right or 

entitlement to be listed on the PHA waiting list, to any particular 

position on the waiting list, or to admission to the programs. The 

preceding sentence does not affect or prejudice any right, independent 

of this rule, to bring a judicial action challenging an PHA violation of 

a constitutional or statutory requirement.

    (d) Admission policy. The PHA must admit applicants for 

participation in accordance with HUD regulations and other requirements, 

and with PHA policies stated in the PHA administrative plan and the PHA 

plan. The PHA admission policy must state the system of admission 

preferences that the PHA uses to select applicants from the waiting 

list, including any residency preference or other local preference.



[59 FR 36682, July 18, 1994, as amended at 60 FR 34717, July 3, 1995; 61 

FR 9048, Mar. 6, 1996; 61 FR 27163, May 30, 1996; 64 FR 26643, May 14, 

1999; 65 FR 16821, Mar. 30, 2000]