CFR Ch VIII Edition

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					                                                             § 884.218                                                              24 CFR Ch. VIII (4–1–09 Edition)

                                                             Contract, including abatement of hous-                     requirements of 24 CFR part 5 con-
                                                             ing assistance payments, even if the                       cerning verification of the immigration
                                                             Family continues to occupy the unit.                       status of any new family member.
                                                             If, however, the Family wishes to be re-                     (b) Interim reexaminations. The family
                                                             housed in another dwelling unit with                       must comply with provisions of its
                                                             Section 8 assistance and HUD (or the                       lease regarding interim reporting of
                                                             PHA) does not have other Section 8                         changes in income. If the owner re-
                                                             funds for such purposes, HUD (or the                       ceives    information    concerning    a
                                                             PHA) may use the abated housing as-                        change in the family’s income or other
                                                             sistance payments for the purpose of                       circumstances      between     regularly
                                                             rehousing the Family in another dwell-
                                                                                                                        scheduled reexaminations, the owner
                                                             ing unit. Where this is done, the Owner
                                                                                                                        must consult with the family and make
                                                             shall be notified that he will be enti-
                                                             tled to resumption of housing assist-                      any adjustments determined to be ap-
                                                             ance payments for the vacated dwelling                     propriate. Any change in the family’s
                                                             unit if:                                                   income or other circumstances that re-
                                                               (1) The unit is restored to Decent,                      sults in an adjustment in the Total
                                                             Safe, and Sanitary condition;                              Tenant Payment, Tenant Rent and
                                                               (2) The Family is willing to and does                    Housing Assistance Payment must be
                                                             move back to the restored dwelling                         verified. See 24 CFR 750.10(d)(2)(i) for
                                                             unit; and                                                  the requirements for the disclosure and
                                                               (3) A deduction is made for the ex-                      verification of Social Security Num-
                                                             penses incurred by the Family for both                     bers at interim reexaminations involv-
                                                             moves.                                                     ing new family members. For require-
                                                                                                                        ments regarding the signing and sub-
                                                             § 884.218 Reexamination of family in-                      mitting of consent forms by families
                                                                  come and composition.
                                                                                                                        for the obtaining of wage and claim in-
                                                                (a) Regular reexaminations. The owner                   formation from State Wage Informa-
                                                             must reexamine the income and com-                         tion Collection Agencies, see 24 CFR
                                                             position of all families at least once                     part 5. At any interim reexamination
                                                             each year. Upon verification of the in-                    after June 19, 1995 when there is a new
                                                             formation, the owner must make ap-                         family member, the owner shall follow
                                                             propriate adjustments in the Total                         the requirements of 24 CFR part 5 con-
                                                             Tenant Payment in accordance with
                                                                                                                        cerning obtaining and processing evi-
                                                             part 5 of this title and determine
                                                                                                                        dence of citizenship or eligible immi-
                                                             whether the family’s unit size is still
                                                                                                                        gration status of the new family mem-
                                                             appropriate. The owner must adjust
                                                             Tenant Rent and the Housing Assist-                        ber.
                                                             ance Payment to reflect any change in                        (c) Continuation of housing assistance
                                                             Total Tenant Payment and carry out                         payments. A family’s eligibility for
                                                             any unit transfer required by HUD. At                      Housing Assistance Payments con-
                                                             the time of the annual reexamination                       tinues until the Total Tenant Payment
                                                             of family income and composition, the                      equals the Contract Rent plus any util-
                                                             owner must require the family to dis-                      ity allowance, or until the family loses
                                                             close and verify Social Security Num-                      eligibility for continued occupancy
                                                             bers, as provided by 24 CFR part 5. For                    under Farmer’s Home Administration
                                                             requirements regarding the signing and                     regulations. However, eligibility also
                                                             submitting of consent forms by fami-                       may be terminated in accordance with
                                                             lies for the obtaining of wage and claim                   HUD requirements, for such reasons as
                                                             information from State Wage Informa-                       failure to submit requested verification
                                                             tion Collection Agencies, see 24 CFR                       information, including failure to meet
                                                             part 5. At the first regular reexamina-                    the disclosure and verification require-
                                                             tion after June 19, 1995, the owner shall                  ments for Social Security Numbers, as
                                                             follow the requirements of 24 CFR part                     provided by 24 CFR part 5, or failure to
                                                             5 concerning obtaining and processing                      sign and submit consent forms for the
                                                             evidence of citizenship or eligible im-                    obtaining of wage and claim informa-
                                                             migration status of all family mem-
                                                                                                                        tion from State Wage Information Col-
                                                             bers. Thereafter, at each regular reex-
                                                                                                                        lection Agencies, as provided by 24 CFR
                                                             amination, the owner shall follow the
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                                                             Asst. Secy., for Housing—Fed. Housing Commissioner, HUD                                          § 884.223

                                                             part 5. For provisions requiring termi-                    retary and request approval of new
                                                             nation of assistance for failure to es-                    Utility Allowances. Whenever a Utility
                                                             tablish citizenship or eligible immigra-                   Allowance for a unit is adjusted, the
                                                             tion status, see 24 CFR part 5 and also                    owner will promptly notify affected
                                                             for provisions concerning certain as-                      families and make a corresponding ad-
                                                             sistance for mixed families (families                      justment of the tenant rent and the
                                                             whose members include those with eli-                      amount of the housing assistance pay-
                                                             gible immigration status, and those                        ment for the unit.
                                                             without eligible immigration status) in
                                                                                                                        (Approved by the Office of Management and
                                                             lieu of termination of assistance, and
                                                                                                                        Budget under control number 2502–0161)
                                                             for provisions concerning deferral of
                                                             termination of assistance.                                 [50 FR 39098, Sept. 27, 1985]
                                                             [56 FR 7541, Feb. 22, 1991, as amended at 60               § 884.221    Continued family participa-
                                                             FR 14845, Mar. 20, 1995; 61 FR 13594, Mar. 27,                 tion.
                                                             1996; 65 FR 16723, Mar. 29, 2000]
                                                                                                                          A Family must continue to occupy
                                                             § 884.219 Overcrowded and underoccu-                       its approved unit to remain eligible for
                                                                  pied units.                                           participation in the Housing Assist-
                                                                If HUD or the PHA, as the case may                      ance Payments Program except that if
                                                             be, determines that a Contract unit as-                    the Family (a) wishes to vacate its unit
                                                             sisted under this part is not Decent,                      at the end of the Lease term (or prior
                                                             Safe, and Sanitary by reason of in-                        thereto but in accordance with the pro-
                                                             crease in Family size, or that a Con-                      visions of the Lease), or (b) is required
                                                             tract unit is larger than appropriate                      to move for reasons other than viola-
                                                             for the size of the Family in occu-                        tion of the Lease on the part of the
                                                             pancy, housing assistance payments                         Family, and if the Family wishes to re-
                                                             with respect to such unit will not be                      ceive the benefit of housing assistance
                                                             abated, unless the Owner fails to offer                    payments in another approvable unit,
                                                             the Family a suitable unit as soon as                      the Family should give reasonable no-
                                                             one becomes vacant and ready for occu-                     tice of the circumstances to HUD or to
                                                             pancy. In the case of an overcrowded                       the PHA, as appropriate, so that HUD
                                                             unit, if the Owner does not have any                       or the PHA may have the opportunity
                                                             suitable units or if no vacancy of a                       to consider the Family’s request.
                                                             suitable unit occurs within a reason-
                                                             able time, HUD (or the PHA) will assist                    § 884.222 Inapplicability of low-rent
                                                                                                                            public housing model lease and
                                                             the Family in finding a suitable dwell-                        grievance procedures.
                                                             ing unit and require the Family to
                                                             move to such a unit as soon as possible.                     Model lease and grievance procedures
                                                             The Owner may receive housing assist-                      established by HUD for PHA-owned
                                                             ance payments for the vacated unit if                      low-rent public housing are applicable
                                                             he complies with the requirements of                       only to PHA-Owner Projects under the
                                                             § 884.106(c)(1).                                           Section 8 Housing Assistance Pay-
                                                                                                                        ments Program.
                                                             § 884.220 Adjustment of utility allow-
                                                                  ances.                                                § 884.223    Leasing to eligible families.
                                                                In connection with annual and spe-                        (a) Availability of units for occupancy
                                                             cial adjustments of contract rents, the                    by Eligible Families. During the term of
                                                             owner must submit an analysis of the                       the Contract, an owner shall make
                                                             project’s Utility Allowances. Such data                    available for occupancy by eligible
                                                             as changes in utility rates and other                      families the total number of units for
                                                             facts affecting utility consumption                        which assistance is committed under
                                                             should be provided as part of this anal-                   the Contract. For purposes of this sec-
                                                             ysis to permit appropriate adjustments                     tion, making units available for occu-
                                                             in the Utility Allowances. In addition,                    pancy by eligible families means that
                                                             when approval of a utility rate change                     the owner: (1) Is conducting marketing
                                                             would result in a cumulative increase                      in accordance with § 884.214; (2) has
                                                             of 10 percent or more in the most re-                      leased or is making good faith efforts
                                                             cently approved Utility Allowances,                        to lease the units to eligible and other-
                                                             the project owner must advise the Sec-                     wise acceptable families, including
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