[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: 24CFR982.312]



[Page 600-601]

 

                 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.  982.312  Absence from unit.



    (a) The family may be absent from the unit for brief periods. For 

longer absences, the PHA administrative plan establishes the PHA policy 

on how long the family may be absent from the assisted unit. However, 

the family may not be absent from the unit for a period of more than 180 

consecutive calendar days in any circumstance, or for any reason. At its 

discretion, the PHA may



[[Page 601]]



allow absence for a lesser period in accordance with PHA policy.

    (b) Housing assistance payments terminate if the family is absent 

for longer than the maximum period permitted. The term of the HAP 

contract and assisted lease also terminate.

    (The owner must reimburse the PHA for any housing assistance payment 

for the period after the termination.)

    (c) Absence means that no member of the family is residing in the 

unit.

    (d)(1) The family must supply any information or certification 

requested by the PHA to verify that the family is residing in the unit, 

or relating to family absence from the unit. The family must cooperate 

with the PHA for this purpose. The family must promptly notify the PHA 

of absence from the unit, including any information requested on the 

purposes of family absences.

    (2) The PHA may adopt appropriate techniques to verify family 

occupancy or absence, including letters to the family at the unit, phone 

calls, visits or questions to the landlord or neighbors.

    (e) The PHA administrative plan must state the PHA policies on 

family absence from the dwelling unit. The PHA absence policy includes:

    (1) How the PHA determines whether or when the family may be absent, 

and for how long. For example, the PHA may establish policies on 

absences because of vacation, hospitalization or imprisonment; and

    (2) Any provision for resumption of assistance after an absence, 

including readmission or resumption of assistance to the family.