[Code of Federal Regulations]

[Title 7, Volume 15]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR3560.155]



[Page 518-519]

 

                          TITLE 7--AGRICULTURE

 

     CHAPTER XXXV--RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 3560_DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS--Table of Contents

 

                Subpart D_Multi-Family Housing Occupancy

 

Sec. 3560.155  Assignment of rental units and occupancy policies.



    (a) General. Available rental units are assigned in accordance with 

the requirements of this section and the priorities and preferences 

outlined in Sec. 3560.154.

    (b) Rental units accessible to individuals with disabilities. If a 

rental unit accessible to individuals with disabilities is available and 

there are no applicants that require the features of the unit, borrowers 

may rent the unit to a non-disabled tenant subject to the inclusion of a 

lease provision that requires the tenant to vacate the unit within 30 

days of notification from management that an eligible individual with 

disabilities requires the unit and provided the accessible unit has been 

marketed as an accessible unit, outreach has been made to organizations 

representing the disabled, and marketing of the unit as an accessible 

unit continues after it has been rented to a tenant who is not in need 

of the special design features.

    (c) Transfer of existing tenants within a housing project. When a 

rental unit becomes available for occupancy and an eligible tenant in 

the housing project is either over housed or under housed as provided 

for in paragraph (e) of this section, the borrower must use the 

available unit for the over housed or under housed tenant, if suitable, 

prior to selecting an eligible applicant from the waiting list.

    (d) Applicant placement. When a specific rental unit type becomes 

available for occupancy, borrowers must select eligible applicants 

suitable for the available unit according to the priorities established 

in Sec. 3560.154.

    (e) Occupancy policies. Borrowers must establish occupancy policies 

for each housing project. Households living in a rental unit with more 

bedrooms than persons in the household will be considered over housed 

and must be relocated in accordance with paragraph (c) of this section. 

Households under housed as defined by the project's occupancy standards 

must be relocated in accordance with paragraph (c) of this section. 

Borrowers with no one-bedroom units in a housing project may make an 

exception to this requirement in their occupancy policies. In addition, 

a borrower's occupancy policies must establish:

    (1) Reasonable standards for determining when a tenant household is 

considered under housed. The standards will describe the maximum number 

of persons that may occupy units of a given size based on occupancy 

guidelines provided by the Agency or another governmental source;

    (2) The order in which eligible applicants and existing tenants will 

be housed or re-housed; and

    (3) How fair housing requirements will be met, including how 

reasonable accommodations will be made for applicants and tenants with 

disabilities.

    (f) Agency concurrence. The Agency must concur with a borrower's 

occupancy rules prior to initial occupancy



[[Page 519]]



of the housing project. All modifications to occupancy rules must be 

posted for tenant comment in accordance with Sec. 3560.160 and receive 

Agency concurrence prior to implementation.