[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: 24CFR982.207]



[Page 591-592]

 

                 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.  982.207  Waiting list: Local preferences in admission to program.



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

establish a system of local preferences for selection of families 

admitted to the program. PHA selection preferences must be described in 

the PHA administrative plan.

    (2) The PHA system of local 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. The PHA shall consider public comment on the proposed public 

housing agency 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).

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

any local preference.

    (4) The PHA shall not deny a local preference, nor otherwise exclude 

or penalize a family in admission to the program, solely because the 

family resides in a public housing project. The PHA may establish a 

preference for families residing in public housing who are victims of a 

crime of violence (as defined in 18 U.S.C. 16).

    (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



[[Page 592]]



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 title. 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 shall 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 admission 

of 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 persons 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 among families with preference. The PHA system of 

preferences may use either of the following to select among applicants 

on the waiting list with the same preference status:

    (1) Date and time of application; or

    (2) A drawing or other random choice technique.

    (d) Preference for higher-income families. The PHA must not select 

families for admission to the program in an order different from the 

order on the waiting list for the purpose of selecting higher income 

families for admission to the program.

    (e) Verification of selection method. The method for selecting 

applicants from a preference category must leave a clear audit trail 

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

accordance with the method specified in the administrative plan.



[64 FR 26643, May 14, 1999, as amended at 64 FR 56912, Oct. 21, 1999; 65 

FR 16821, Mar. 30, 2000]



Subpart F [Reserved]