24 C.F.R. Subpart A—General
Title 24 - Housing and Urban Development
(a) Purpose. (1) The purpose of the Family Self-Sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and housing assistance under the Section 8 rental certificate and rental voucher programs with public and private resources, to enable families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency. (2) The purpose of this part is to implement the policies and procedures applicable to operation of a local FSS program, as established under section 23 of the 1937 Act (42 U.S.C. 1437u), under HUD's rental voucher, rental certificate, and public housing programs. (b) Scope. (1) Each PHA that received funding for public housing units under the FY 1991 and FY 1992 FSS incentive award competitions must operate a public housing FSS program. (2) Each PHA that received funding for Section 8 rental certificates or rental vouchers under the combined FY 1991/1992 FSS incentive award competition must operate a Section 8 FSS program. (3) Unless the PHA receives an exemption under §984.105: (i) Each PHA for which HUD reserved funding (budget authority) for additional rental certificates or rental vouchers in FY 1993 through October 20, 1998 must operate a Section 8 FSS program. (ii) Each PHA for which HUD reserved funding (budget authority) to acquire or construct additional public housing units in FY 1993 through October 20, 1998 must operate a public housing FSS program. (c) Applicability. This part applies to: (1) The public housing program, and (2) The Section 8 certificate and voucher programs. [61 FR 8815, Mar. 5, 1996, as amended at 65 FR 16731, Mar. 29, 2000] The objective of the FSS program is to reduce the dependency of low-income families on welfare assistance and on Section 8, public, or any Federal, State, or local rent or homeownership subsidies. Under the FSS program, low-income families are provided opportunities for education, job training, counseling, and other forms of social service assistance, while living in assisted housing, so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency, as defined in §984.103 of this subpart A. The Department will measure the success of a local FSS program not only by the number of families who achieve self-sufficiency, but also by the number of FSS families who, as a result of participation in the program, have family members who obtain their first job, or who obtain higher paying jobs; no longer need benefits received under one or more welfare programs; obtain a high school diploma or higher education degree; or accomplish similar goals that will assist the family in obtaining economic independence. [61 FR 8815, Mar. 5, 1966, as amended at 65 FR 16731, Mar. 29, 2000] (a) The terms 1937 Act, Fair Market Rent, HUD, Public Housing, Public Housing Agency (PHA), Secretary, and Section 8, as used in this part, are defined in part 5 of this title. (b) As used in this part: Certification means a written assertion based on supporting evidence, provided by the FSS family or the PHA, as may be required under this part, and which: (1) Shall be maintained by the PHA in the case of the family's certification, or by HUD in the case of the PHA's certification; (2) Shall be made available for inspection by HUD, the PHA, and the public, as appropriate; and (3) Shall be deemed to be accurate for purposes of this part, unless the Secretary or the PHA, as applicable, determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. Chief executive officer (CEO). The CEO of a unit of general local government means the elected official or the legally designated official, who has the primary responsibility for the conduct of that entity's governmental affairs. The CEO for an Indian tribe is the tribal governing official. Contract of participation means a contract in a form approved by HUD, entered into between a participating family and a PHA operating an FSS program that sets forth the terms and conditions governing participation in the FSS program. The contract of participation includes all individual training and services plans entered into between the PHA and all members of the family who will participate in the FSS program, and which plans are attached to the contract of participation as exhibits. For additional detail, see §984.303 of this subpart A. Earned income means income or earnings included in annual income from wages, tips, salaries, other employee compensation, and self-employment. Earned income does not include any pension or annuity, transfer payments, any cash or in-kind benefits, or funds deposited in or accrued interest on the FSS escrow account established by a PHA on behalf of a participating family. Effective date of contract of participation means the first day of the month following the month in which the FSS family and the PHA entered into the contract of participation. Eligible families means: (1) For the public housing FSS program, current residents of public housing. Eligible families also include current residents of public housing who are participants in local public housing self-sufficiency programs; and (2) For Section 8 FSS program, current Section 8 rental certificate or rental voucher program participants, including participants in the Project Self-Sufficiency or Operation Bootstrap or other local self-sufficiency programs. Enrollment means the date that the FSS family entered into the contract of participation with the PHA. Family Self-Sufficiency program or FSS program means the program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the provision of supportive services to these families, as authorized by section 23 of the 1937 Act. FSS account means the FSS escrow account authorized by section 23 of the 1937 Act, and as provided by §984.305 of this subpart A. FSS credit means the amount credited by the PHA to the participating family's FSS account. FSS family or participating family means a family that resides in public housing or receives assistance under the rental certificate or rental voucher programs, and that elects to participate in the FSS program, and whose designated head of the family has signed the contract of participation. FSS related service program means any program, publicly or privately sponsored, that offers the kinds of supportive services described in the definition of “supportive services” set forth in this §984.103. FSS slots refer to the total number of public housing units or the total number of rental certificates or rental vouchers that comprise the minimum size of a PHA's respective public housing FSS program or Section 8 FSS program. FY means Federal Fiscal Year (starting with October 1, and ending September 30, and designated by the calendar year in which it ends). Head of FSS family means the adult member of the FSS family who is the head of the household for purposes of determining income eligibility and rent. Housing subsidies means assistance to meet the costs and expenses of temporary shelter, rental housing or homeownership, including rent, mortgage or utility payments. Individual training and services plan means a written plan that is prepared for the head of the FSS family, and each adult member of the FSS family who elects to participate in the FSS program, by the PHA in consultation with the family member, and which sets forth: (1) The supportive services to be provided to the family member; (2) The activities to be completed by that family member; and (3) The agreed upon completion dates for the services and activities. Each individual training and services plan must be signed by the PHA and the participating family member, and is attached to, and incorporated as part of the contract of participation. An individual training and services plan must be prepared for the head of the FSS family. JOBS Program means the Job Opportunities and Basic Skills Training Program authorized under part F of title IV of the Social Security Act (42 U.S.C. 402(a)(19)). JTPA means the Job Training Partnership Act (29 U.S.C. 1579(a)). Low-income family. As defined in part 5 of this title. Participating family. See definition for “FSS family” in this section. Program Coordinating Committee or PCC is the committee described in §984.202 of this part. Public housing means housing assisted under the 1937 Act, excluding housing assisted under Section 8 of the 1937 Act. Self-sufficiency means that an FSS family is no longer receiving Section 8, public or Indian housing assistance, or any Federal, State, or local rent or homeownership subsidies or welfare assistance. Achievement of self-sufficiency, although an FSS program objective, is not a condition for receipt of the FSS account funds. (See §984.305 of this part.) Supportive services means those appropriate services that a PHA will make available, or cause to be made available to an FSS family under a contract of participation, and may include: (1) Child care—child care of a type that provides sufficient hours of operation and serves an appropriate range of ages; (2) Transportation—transportation necessary to enable a participating family to receive available services, or to commute to their places of employment; (3) Education—remedial education; education for completion of secondary or post secondary schooling; (4) Employment—job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the contract of participation; (5) Personal welfare—substance/alcohol abuse treatment and counseling; (6) Household skills and management—training in homemaking and parenting skills; household management; and money management; (7) Counseling—counseling in the areas of: (i) The responsibilities of homeownership; (ii) Opportunities available for affordable rental and homeownership in the private housing market, including information on an individual's rights under the Fair Housing Act; and (iii) Money management; and (8) Other services—any other services and resources, including case management, reasonable accommodations for individuals with disabilities, that the PHA may determine to be appropriate in assisting FSS families to achieve economic independence and self-sufficiency. Unit size or size of unit refers to the number of bedrooms in a dwelling unit. Very low-income family. See definitions in 24 CFR 813.102 and 913.102. Welfare assistance means (for purposes of the FSS program only) income assistance from Federal or State welfare programs, and includes only cash maintenance payments designed to meet a family's ongoing basic needs. Welfare assistance does not include: (1) Nonrecurrent, short-term benefits that: (i) Are designed to deal with a specific crisis situation or episode of need; (ii) Are not intended to meet recurrent or ongoing needs; and (iii) Will not extend beyond four months. (2) Work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); (3) Supportive services such as child care and transportation provided to families who are employed; (4) Refundable earned income tax credits; (5) Contributions to, and distributions from, Individual Development Accounts under TANF; (6) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement and other employment-related services that do not provide basic income support; (7) Transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k) of the Social Security Act, to an individual who is not otherwise receiving assistance; (8) Amounts solely directed to meeting housing expenses; (9) Amounts for health care; (10) Food stamps and emergency rental and utilities assistance; and (11) SSI, SSDI, or Social Security. [61 FR 8815, Mar. 5, 1996, as amended at 65 FR 16731, Mar. 29, 2000] An FSS program established under this part shall be operated in conformity with: (a) The regulations of this part, and for a Section 8 FSS program, the rental certificate and rental voucher regulations, codified in 24 CFR parts 882, 887, and 982 respectively, and for a public housing FSS program, the applicable public housing regulations, including the regulations in 24 CFR parts 913, 960, and 966; (b) An Action Plan, as described in §984.201, and provide comprehensive supportive services as defined in §984.103; and (c) An FSS program established under this part shall be operated in compliance with the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5, with the exception of Executive Orders 11246, 11625, 12432, and 12138. (a) FSS program size—(1) Minimum program size requirement. A PHA must operate an FSS program of the minimum program size determined in accordance with paragraph (b) of this section. (2) Exception or reduction of minimum program size. Paragraph (c) of this section states when HUD may grant an exception to the minimum program size requirement, and paragraph (d) states when the minimum program size may be reduced. (3) Option to operate larger FSS program. A PHA may choose to operate an FSS program of a larger size than the minimum. (b) How to determine FSS minimum program size—(1) Public housing. The minimum size of a PHA's public housing FSS program is equal to the number of public housing units specified below: (i) The total number of public housing units reserved in FY 1993 through October 20, 1998; plus (ii) The number of public housing units reserved in FY 1991 and FY 1992 under the FSS incentive award competitions; minus (iii) The number of families that have graduated from the PHA's public housing FSS program on or after October 21, 1998, by fulfilling their FSS contract of participation obligations. (2) Section 8. The minimum size of a PHA's Section 8 FSS program is equal to the number of Section 8 certificate and voucher program units as calculated below: (i) Units included. (A) The number of rental certificates and rental voucher units reserved under the combined FY 1991/1992 FSS incentive award competition; plus (B) The number of additional rental certificates and rental voucher units reserved in FY 1993 through October 20, 1998 (not including the renewal of funding for units previously reserved), minus such units that are excluded from minimum program size in accordance with paragraph (b)(2)(ii) of this section; minus (C) The number of families who have graduated from the PHA's Section 8 FSS program on or after October 21, 1998, by fulfilling their contract of participation obligations. (ii) Units excluded. When determining a PHA's minimum Section 8 FSS program size, funding reserved in FY 1993 through October 20, 1998 for the following program categories is excluded (except as provided in paragraph (b)(2)(ii)(B) of this section): (A) Funding for families affected by termination, expiration or owner opt-out under Section 8 project-based programs; (B) Funding for families affected by demolition or disposition of a public housing project or replacement of a public housing project; (C) Funding for families affected by conversion of assistance from the Section 23 leased housing or housing assistance payments programs to the Section 8 program; (D) Funding for families affected by the sale of a HUD-owned project; and (E) Funding for families affected by the prepayment of a mortgage or voluntary termination of mortgage insurance. (3) Maintaining minimum program size. The minimum program size for a PHA's public housing or Section 8 FSS program is reduced by one slot for each family that graduates from the FSS program by fulfilling its FSS contract of participation on or after October 21, 1998. If an FSS slot is vacated by a family that has not completed its FSS contract of participation obligations, the slot must be filled by a replacement family which has been selected in accordance with the FSS family selection procedures set forth in §984.203. (c) Exception to program operation. (1) Upon approval by HUD, a PHA will not be required to establish and carry out a public housing or a Section 8 FSS program if the PHA provides to HUD a certification, as defined in §984.103, that the establishment and operation of such an FSS program is not feasible because of local circumstances, which may include, but are not limited to: (i) Lack of accessible supportive services funding, including lack of the availability of programs under JTPA or JOBS; (ii) Lack of funding for reasonable administrative costs; (iii) Lack of cooperation by other units of State or local government; or (iv) Lack of interest in participating in the FSS program on the part of eligible families. (2) An exception will not be granted if HUD determines that local circumstances do not preclude the PHA from effectively operating an FSS program that is smaller than the minimum program size. (d) Reduction in program size. Upon approval by HUD, a PHA may be permitted to operate a public housing or a Section 8 FSS program that is smaller than the minimum program size if the PHA provides to HUD a certification, as defined in §984.103, that the operation of an FSS program of the minimum program size is not feasible because of local circumstances, which may include, but are not limited to: (1) Decrease in or lack of accessible supportive services, including decrease in the availability of programs under JTPA or JOBS; (2) Decrease in or lack of funding for reasonable administrative costs; (3) Decrease in or lack of cooperation by other units of State or local government; (4) Decrease in or lack of interest in participating in the FSS program on the part of eligible families. (e) Expiration of exception. A full or partial exception to the FSS minimum program size requirement (approved by HUD in accordance with paragraph (c) or (d) of this section) expires three years from the date of HUD approval of the exception. If a PHA seeks to continue an exception after its expiration, the PHA must submit a new request and a new certification to HUD for consideration. (f) Review of certification records. HUD reserves the right to examine, during its management review of the PHA, or at any time, the documentation and data that a PHA relied on in certifying to the unfeasibility of its establishing and operating an FSS program, or of operating an FSS program of less than minimum program size. [61 FR 8815, Mar. 5, 1996, as amended at 65 FR 16732, Mar. 20, 2000]
Title 24: Housing and Urban Development
PART 984—SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM
Subpart A—General
§ 984.101 Purpose, scope, and applicability.
§ 984.102 Program objectives.
§ 984.103 Definitions.
§ 984.104 Basic requirements of the FSS program.
§ 984.105 Minimum program size.
