24 C.F.R. Subpart B—HUD Requirements and PHA Plan for Administration of Program
Title 24 - Housing and Urban Development
Source: 60 FR 34695, July 3, 1995, unless otherwise noted.
(a) The PHA must have authority to administer the program. The PHA must provide evidence, satisfactory to HUD, of its status as a PHA, of its authority to administer the program, and of the PHA jurisdiction. (b) The evidence submitted by the PHA to HUD must include enabling legislation and a supporting legal opinion satisfactory to HUD. The PHA must submit additional evidence when there is a change that affects its status as a PHA, authority to administer the program, or the PHA jurisdiction. [60 FR 34695, July 3, 1995, as amended at 64 FR 26641, May 14, 1999] (a) The PHA must comply with HUD regulations and other HUD requirements for the program. HUD requirements are issued by HUD headquarters, as regulations, (b) The PHA must comply with the consolidated ACC and the PHA's HUD-approved applications for program funding. [60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995] (a) The tenant-based program requires compliance with all equal opportunity requirements imposed by contract or federal law, including the authorities cited at 24 CFR 5.105(a) and title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. (b) Civil rights certification. The PHA must submit a signed certification to HUD that: (1) The PHA will administer the program in conformity with the Fair Housing Act, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. (2) The PHA will affirmatively further fair housing in the administration of the program. (c) Obligation to affirmatively further fair housing. The PHA shall affirmatively further fair housing as required by §903.7(o) of this title. (d) State and local law. Nothing in part 982 is intended to pre-empt operation of State and local laws that prohibit discrimination against a Section 8 voucher-holder because of status as a Section 8 voucher-holder. However, such State and local laws shall not change or affect any requirement of this part, or any other HUD requirements for administration or operation of the program. [60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 63 FR 23859, Apr. 30, 1998; 64 FR 26641, May 14, 1999; 64 FR 56911, Oct. 21, 1999] (a) The PHA must adopt a written administrative plan that establishes local policies for administration of the program in accordance with HUD requirements. The administrative plan and any revisions of the plan must be formally adopted by the PHA Board of Commissioners or other authorized PHA officials. The administrative plan states PHA policy on matters for which the PHA has discretion to establish local policies. (b) The administrative plan must be in accordance with HUD regulations and requirements. The administrative plan is a supporting document to the PHA plan (part 903 of this title) and must be available for public review. The PHA must revise the administrative plan if needed to comply with HUD requirements. (c) The PHA must administer the program in accordance with the PHA administrative plan. (d) The PHA administrative plan must cover PHA policies on these subjects: (1) Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list; (2) Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions or suspensions of the voucher term. “Suspension” means stopping the clock on the term of a family's voucher after the family submits a request for approval of the tenancy. If the PHA decides to allow extensions or suspensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions or suspensions, and how the PHA determines the length of any extension or suspension; (3) Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families; (4) Occupancy policies, including: (i) Definition of what group of persons may qualify as a “family”; (ii) Definition of when a family is considered to be “continuously assisted”; (iii) Standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with §982.553; (5) Encouraging participation by owners of suitable units located outside areas of low income or minority concentration; (6) Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit; (7) Providing information about a family to prospective owners; (8) Disapproval of owners; (9) Subsidy standards; (10) Family absence from the dwelling unit; (11) How to determine who remains in the program if a family breaks up; (12) Informal review procedures for applicants; (13) Informal hearing procedures for participants; (14) The process for establishing and revising voucher payment standards; (15) The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract); (16) Special policies concerning special housing types in the program (e.g., use of shared housing); (17) Policies concerning payment by a family to the PHA of amounts the family owes the PHA; (18) Interim redeterminations of family income and composition; (19) Restrictions, if any, on the number of moves by a participant family (see §982.314(c)); and (20) Restrictions, if any, on the number of moves by a participant family (see §982.314(c)); (21) Approval by the Board of Commissioners or other authorized officials to charge the administrative fee reserve; (22) Procedural guidelines and performance standards for conducting required HQS inspections; and (23) PHA screening of applicants for family behavior or suitability for tenancy. [60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 61 FR 27163, May 30, 1996; 63 FR 23859, Apr. 30, 1998; 64 FR 26641, May 14, 1999; 64 FR 49658, 64 FR Sept. 14, 1999; 56911, Oct. 21, 1999; 66 FR 28804, May 24, 2001]
Title 24: Housing and Urban Development
PART 982—SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM
Subpart B—HUD Requirements and PHA Plan for Administration of Program
§ 982.51 PHA authority to administer program.
§ 982.52 HUD requirements.
§ 982.53 Equal opportunity requirements.
§ 982.54 Administrative plan.
