[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: 24CFR982.315]



[Page 602]

 

                 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.  982.315  Family break-up.



    (a) The PHA has discretion to determine which members of an assisted 

family continue to receive assistance in the program if the family 

breaks up. The PHA administrative plan must state PHA policies on how to 

decide who remains in the program if the family breaks up.

    (b) The factors to be considered in making this decision under the 

PHA policy may include:

    (1) Whether the assistance should remain with family members 

remaining in the original assisted unit.

    (2) The interest of minor children or of ill, elderly or disabled 

family members.

    (3) Whether family members are forced to leave the unit as a result 

or actual or threatened physical violence against family members by a 

spouse or other member of the household.

    (4) Other factors specified by the PHA.

    (c) If a court determines the disposition of property between 

members of the assisted family in a divorce or separation under a 

settlement or judicial decree, the PHA is bound by the court's 

determination of which family members continue to receive assistance in 

the program.