[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: 24CFR982.306]



[Page 595-596]

 

                 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 G_Leasing a Unit

 

Sec.  982.306  PHA disapproval of owner.



    (a) The PHA must not approve an assisted tenancy if the PHA has been 

informed (by HUD or otherwise) that the owner is debarred, suspended, or 

subject to a limited denial of participation under 24 CFR part 24.

    (b) When directed by HUD, the PHA must not approve an assisted 

tenancy if:

    (1) The federal government has instituted an administrative or 

judicial action against the owner for violation of the Fair Housing Act 

or other federal equal opportunity requirements, and such action is 

pending; or

    (2) A court or administrative agency has determined that the owner 

violated the Fair Housing Act or other federal equal opportunity 

requirements.

    (c) In its administrative discretion, the PHA may deny approval of 

an assisted tenancy for any of the following reasons:

    (1) The owner has violated obligations under a HAP contract under 

Section 8 of the 1937 Act (42 U.S.C. 1437f);

    (2) The owner has committed fraud, bribery or any other corrupt or 

criminal act in connection with any federal housing program;

    (3) The owner has engaged in any drug-related criminal activity or 

any violent criminal activity;

    (4) The owner has a history or practice of non-compliance with the 

HQS for units leased under the tenant-based programs, or with applicable 

housing standards for units leased with project-based Section 8 

assistance or leased under any other federal housing program;

    (5) The owner has a history or practice of failing to terminate 

tenancy of tenants of units assisted under Section 8 or any other 

federally assisted housing program for activity engaged in by the 

tenant, any member of the household, a guest or another person under



[[Page 596]]



the control of any member of the household that:

    (i) Threatens the right to peaceful enjoyment of the premises by 

other residents;

    (ii) Threatens the health or safety of other residents, of employees 

of the PHA, or of owner employees or other persons engaged in management 

of the housing;

    (iii) Threatens the health or safety of, or the right to peaceful 

enjoyment of their residences, by persons residing in the immediate 

vicinity of the premises; or

    (iv) Is drug-related criminal activity or violent criminal activity; 

or

    (6) The owner has a history or practice of renting units that fail 

to meet State or local housing codes; or

    (7) The owner has not paid State or local real estate taxes, fines 

or assessments.

    (d) The PHA must not approve a unit if the owner is the parent, 

child, grandparent, grandchild, sister, or brother of any member of the 

family, unless the PHA determines that approving the unit would provide 

reasonable accommodation for a family member who is a person with 

disabilities. This restriction against PHA approval of a unit only 

applies at the time a family initially receives tenant-based assistance 

for occupancy of a particular unit, but does not apply to PHA approval 

of a new tenancy with continued tenant-based assistance in the same 

unit.

    (e) Nothing in this rule is intended to give any owner any right to 

participate in the program.

    (f) For purposes of this section, ``owner'' includes a principal or 

other interested party.



[60 FR 34695, July 3, 1995, as amended at 63 FR 27437, May 18, 1998; 64 

FR 26644, May 14, 1999; 64 FR 56913, Oct. 21, 1999; 65 FR 16821, Mar. 

30, 2000]