HUD 24 CFR PART 960-2011 ADMISSION TO AND OCCUPANCY OF PUBLIC HOUSING《公共住房的许可和居住》.pdf

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1、405 Asst. Secry., for Public and Indian Housing, HUD 960.102 of the ALJ. The Secretarys decision shall be made and transmitted to the parties within 60 days after the deci-sion of the ALJ was furnished to the parties. 61 FR 32223, June 21, 1996, as amended at 74 FR 4636, Jan. 26, 2009 PART 960ADMISS

2、ION TO, AND OCCUPANCY OF, PUBLIC HOUS-ING Subpart AApplicability, Definitions, Equal Opportunity Requirements Sec. 960.101 Applicability. 960.102 Definitions. 960.103 Equal opportunity requirements and protection for victims of domestic vio-lence, dating violence, or stalking. Subpart BAdmission 960

3、.200 Purpose. 960.201 Eligibility. 960.202 Tenant selection policies. 960.203 Standards for PHA tenant selection criteria. 960.204 Denial of admission for criminal ac-tivity or drug abuse by household mem-bers. 960.205 Drug use by applicants: Obtaining information from drug treatment facil-ity. 960.

4、206 Waiting list: Local preferences in ad-mission to public housing program. 960.208 Notification to applicants. Subpart CRent and Reexamination 960.253 Choice of rent. 960.255 Self-sufficiency incentivesDis-allowance of increase in annual income. 960.257 Family income and composition: Regular and i

5、nterim reexaminations. 960.259 Family information and verification. 960.261 Restriction on eviction of families based on income. Subpart DPreference for Elderly Families and Disabled Families in Mixed Popu-lation Projects 960.401 Purpose. 960.403 Applicability. 960.407 Selection preference for mixed

6、 popu-lation developments. Subpart EOccupancy by Over-Income Families or Police Officers 960.503 Occupancy by over-income families. 960.505 Occupancy by police officers to pro-vide security for public housing resi-dents. Subpart FWhen Resident Must Perform Community Service Activities or Self- Suffi

7、ciency Work Activities 960.600 Implementation. 960.601 Definitions. 960.603 General requirements. 960.605 How PHA administers service re-quirements. 960.607 Assuring resident compliance. 960.609 Prohibition against replacement of PHA employees. Subpart GPet Ownership in Public Housing 960.701 Purpos

8、e. 960.703 Applicability. 960.705 Animals that assist, support, or pro-vide service to persons with disabilities. 960.707 Pet ownership. AUTHORITY: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z3, and 3535(d). SOURCE: 40 FR 33446, Aug. 8, 1975, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 2

9、3, 1984. Subpart AApplicability, Defini-tions, Equal Opportunity Re-quirements SOURCE: 65 FR 16724, Mar. 29, 2000, unless otherwise noted. 960.101 Applicability. This part is applicable to public housing. 960.102 Definitions. (a) Definitions found elsewhere: (1) General definitions. The following te

10、rms are defined in part 5, subpart A of this title: 1937 Act, drug, drug-related criminal activity, federally assisted hous-ing, guest, household, HUD, MSA, prem-ises, public housing, public housing agen-cy (PHA), Section 8, violent criminal ac-tivity. (2) Definitions under the 1937 Act. The followi

11、ng terms are defined in part 5, subpart D of this title: annual contribu-tions contract (ACC), applicant, elderly family, elderly person, extremely low in-come family, family, low income family, person with disabilities. (3) Definitions and explanations con-cerning income and rent. The following Ver

12、Date Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-406 24 CFR Ch. IX (4111 Edition) 960.103 terms are defined or expl

13、ained in part 5, subpart F of this title: Annual income (see 5.609); economic self-sufficiency pro-gram, tenant rent, total tenant payment (see 5.628), utility allowance. (b) Additional definitions. In addition to the definitions in paragraph (a), the following definitions and cross-ref-erences appl

14、y: Ceiling rent. See 960.253(d). Designated housing. See part 945 of this chapter. Disabled families. See 5.403 of this title. Eligible families. Low income families who are eligible for admission to the public housing program. Flat rent. See 960.253(b). Income-based rent. See 960.253(c). Mixed popu

15、lation development. A pub-lic housing development, or portion of a development, that was reserved for elderly and disabled families at its in-ception (and has retained that char-acter). If the development was not so reserved at its inception, the PHA has obtained HUD approval to give pref-erence in

16、tenant selection for all units in the development (or portion of de-velopment) to elderly families and dis-abled families. These developments were formerly known as elderly projects. Over-income family. A family that is not a low income family. See subpart E of this part. PHA plan. See part 903 of t

17、his chap-ter. Residency preference. A preference for admission of persons who reside in a specified geographic area. Tenant-based. See 982.1(b) of this chapter. 65 FR 16724, Mar. 29, 2000, as amended at 66 FR 28799, May 24, 2001 960.103 Equal opportunity require-ments and protection for victims of d

18、omestic violence, dating violence, or stalking. (a) Applicable requirements. The PHA must administer its public housing pro-gram in accordance with all applicable equal opportunity requirements im-posed by contract or federal law, in-cluding the authorities cited in 5.105(a) of this title. (b) PHA d

19、uty to affirmatively further fair housing. The PHA must affirma-tively further fair housing in the ad-ministration of its public housing pro-gram. (c) Equal opportunity certification. The PHA must submit signed equal oppor-tunity certifications to HUD in accord-ance with 903.7(o) of this title, incl

20、ud-ing certification that the PHA will af-firmatively further fair housing. (d) Protection for victims of domestic vi-olence, dating violence, or stalking. The PHA must apply 24 CFR part 5, subpart L in all applicable cases where there is involved or claimed to be involved inci-dents of, or criminal

21、 activity related to, domestic violence, dating violence, or stalking. 65 FR 16724, Mar. 29, 2000, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010 Subpart BAdmission SOURCE: 66 FR 28799, May 24, 2001, unless otherwise noted. 960.200 Purpose. (a) This subpart states HUD eligi-bil

22、ity and selection requirements for admission to public housing. (b) See also related HUD regulations in this title concerning these subjects: (1) 1937 Act definitions: part 5, sub-part D; (2) Restrictions on assistance to non-citizens: part 5, subpart E; (3) Family income and family pay-ment: part 5

23、, subpart F; (4) Public housing agency plans: part 903; (5) Rent and reexamination: part 960, subpart C; (6) Mixed population developments: part 960, subpart D; (7) Occupancy by over-income fami-lies or police officers: part 960, subpart E. (8) Protection for victims of domestic violence, dating vio

24、lence, or stalking, 24 CFR part 5, subpart L. 66 FR 28799, May 24, 2001, as amended at 73 FR 72344, Nov. 28, 2008; 75 FR 66262, Oct. 27, 2010 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot

25、for ResaleNo reproduction or networking permitted without license from IHS-,-,-407 Asst. Secry., for Public and Indian Housing, HUD 960.202 960.201 Eligibility. (a) Who is eligible? (1) Basic eligi-bility. An applicant must meet all eli-gibility requirements in order to re-ceive housing assistance.

26、At a min-imum, the applicant must be a family, as defined in 5.403 of this title, and must be income-eligible, as described in this section. Such eligible applicants include single persons. (2) Low income limit. No family other than a low income family is eligible for admission to a PHAs public hous

27、ing program. (b) Income used for eligibility and tar-geting. Family annual income (see 5.609) is used both for determination of income eligibility under paragraph (a) and for PHA income targeting under 960.202 (c) Reporting. The PHA must comply with HUD-prescribed reporting require-ments that will p

28、ermit HUD to main-tain the data, as determined by HUD, necessary to monitor compliance with income eligibility and targeting re-quirement. 960.202 Tenant selection policies. (a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These

29、policies shall provide for and include the following: (i) Targeting admissions to ex-tremely low income families as pro-vided in paragraph (b) of this section. (ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903). (iii) Precluding admiss

30、ion of appli-cants whose habits and practices rea-sonably may be expected to have a det-rimental effect on the residents or the project environment; (iv) Objective and reasonable policies for selection by the PHA among other-wise eligible applicants, including re-quirements for applications and wait

31、-ing lists (see 24 CFR 1.4), and for verification and documentation of in-formation relevant to acceptance or re-jection of an applicant, including docu-mentation and verification of citizen-ship and eligible immigration status under 24 CFR part 5; and (v) Policies of participant transfer between un

32、its, developments, and pro-grams. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA. (b) Targeting admissions to extremely low income families(1) Targeting re-quirement. (i) Not

33、 less than 40 percent of the families admitted to a PHAs public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income fam-ilies. This is called the basic tar-geting requirement. (ii) To the extent provided in para-graph (b)(2) of this section, admission o

34、f extremely low income families to the PHAs Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting re-quirement. (iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration require-ments found in part 903 of this c

35、hapter. (2) Credit for admissions to PHA vouch-er program. (i) If admissions of ex-tremely low income families to the PHAs voucher program during a PHA fiscal year exceeds the 75 percent min-imum targeting requirement for the PHAs voucher program (see 24 CFR 982.201(b)(2), such excess shall be cred-

36、ited (subject to the limitations in para-graph (b)(2)(ii) of this section) against the PHAs basic targeting requirement for the same fiscal year. (ii) The fiscal year credit for voucher program admissions that exceed the minimum voucher program targeting requirement shall not exceed the lower of: (A

37、) Ten percent of public housing waiting list admissions during the PHA fiscal year; (B) Ten percent of waiting list admis-sion to the PHAs Section 8 tenant- based assistance program during the PHA fiscal year; or (C) The number of qualifying low in-come families who commence occu-pancy during the fi

38、scal year of PHA public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low income family means a low income family other than an extremely low in-come family. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00417 Fmt 8010 Sfm

39、t 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-408 24 CFR Ch. IX (4111 Edition) 960.203 (c) Adoption and availability of tenant selection policies. These selection poli-cies shall: (1) Be

40、 duly adopted and implemented; (2) Be publicized by posting copies thereof in each office where applica-tions are received and by furnishing copies to applicants or tenants upon re-quest, free or at their expense, at the discretion of the PHA; and (3) Be consistent with the fair hous-ing and equal o

41、pportunity provisions of 5.105 of this title; and (4) Be submitted to the HUD field of-fice upon request from that office. 960.203 Standards for PHA tenant se-lection criteria. (a) The tenant selection criteria to be established and information to be con-sidered shall be reasonably related to indivi

42、dual attributes and behavior of an applicant and shall not be related to those which may be imputed to a par-ticular group or category of persons of which an applicant may be a member. The PHA may use local preferences, as provided in 960.206. (b) Under the Public Housing Assess-ment System (PHAS),

43、PHAs that have adopted policies, implemented proce-dures and can document that they suc-cessfully screen out and deny admis-sion to certain applicants with unfa-vorable criminal histories receive points. (See 24 CFR 902.43(a)(5).) This policy takes into account the impor-tance of screening to public

44、 housing communities and program integrity, and the demand for assisted housing by families who will adhere to lease re-sponsibilities. (c) In selection of families for admis-sion to its public housing program, or to occupy a public housing develop-ment or unit, the PHA is responsible for screening

45、family behavior and suit-ability for tenancy. The PHA may con-sider all relevant information, which may include, but is not limited to: (1) An applicants past performance in meeting financial obligations, espe-cially rent; (2) A record of disturbance of neigh-bors, destruction of property, or living

46、 or housekeeping habits at prior resi-dences which may adversely affect the health, safety or welfare of other ten-ants; and (3) A history of criminal activity in-volving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or wel

47、fare of other ten-ants. (See 960.204.) With respect to criminal activity described in 960.204: (i) The PHA may require an applicant to exclude a household member in order to be admitted to the housing program where that household member has participated in or been culpable for actions described in 9

48、60.204 that war-rants denial. (ii) The PHA may, where a statute requires that the PHA prohibit admis-sion for a prescribed period of time after some disqualifying behavior or event, choose to continue that prohibi-tion for a longer period of time. (4) PHA tenant selection criteria are subject to 24

49、CFR part 5, subpart L, protections for victims of domestic vio-lence, dating violence, or stalking. (d) In the event of the receipt of unfa-vorable information with respect to an applicant, consideration shall be given to the time, nature, and extent of the applicants conduct (including the seri-ousness of the offense). (1) In a manner consistent with the PHAs policies, procedures and prac-tices referenced in paragraph (b)