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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> § 582 . 310 24 CFR Ch . V (44 - 0g Edition ) <br /> applicable housing quality standards ( HQS ) ( 2 ) Recipients must examine a participant' s <br /> under § 982 . 401 of this title-except that § income initially, and at least annually thereafter, <br /> 982 . 401 (j ) of this title does not apply and to determine the amount of rent payable by the <br /> instead part 35, subparts A, B , K and R of this participant . Adjustments to a participant's rental <br /> title apply-and , for SRO under § 882 . 803 ( b) of payment must be made as necessary . <br /> this title . Before any assistance will be provided ( 3 ) As a condition of participation in the <br /> on behalf of a participant, the recipient, or program , each participant must agree to supply <br /> another entity acting on behalf of the recipient the information or documentation necessary to <br /> (other than the owner of the housing ) , must verify the participant' s income . Participants must <br /> physically inspect each unit to assure that the provide the recipient information at any time <br /> unit meets the HQS . Assistance will not be regarding changes in income or other <br /> provided for units that fail to meet the HQS , circumstances that may result in changes to a <br /> unless the owner corrects any deficiencies participant's rental payment . <br /> within 30 days from the date of the lease [66 FR 6225, Jan . 19, 2001] <br /> agreement and the recipient verifies that all <br /> deficiencies have been corrected . Recipients § 582 . 315 Occupancy agreementse <br /> must also inspect all units at least annually ( a ) Initial occupancy agreement. <br /> during the grant period to ensure that the units Participants must enter into an occupancy <br /> continue to meet the HQS . agreement for a term of at least one month . <br /> ( b ) Rent reasonableness . HUD will only The occupancy agreement must be <br /> provide assistance for a unit for which the rent automatically renewable upon expiration , except <br /> is reasonable . For TRA, PRA, and SRA, it is the on prior notice by either party . <br /> responsibility of the recipient to determine ( b ) Terms of agreement. In addition to <br /> whether the rent charged for the unit receiving standard lease provisions, the occupancy <br /> rental assistance is reasonable in relation to agreement may also include a provision <br /> rents being charged for comparable unassisted requiring the participant to take part in the <br /> units , taking into account the location , size , supportive services provided through the <br /> type , quality, amenities, facilities, and program as a condition of continued occupancy . <br /> management and maintenance of each unit, as <br /> well as not in excess of rents currently being <br /> charged by the same owner for comparable § 582 . 320 Termination of assistance to <br /> unassisted units . For SRO, rents are calculated participants. <br /> in accordance with 24 CFR 882 . 805 (8 ) . (a ) Termination of assistance . The recipient <br /> i58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51171, Sept. 30, may terminate assistance to a participant who <br /> 1996; 64 FR 50226, Sept. 15, 19991 violates program requirements or conditions of <br /> § 582 . 310 Resident rent. occupancy. Recipients must exercise judgment <br /> and examine all extenuating circumstances in <br /> (a ) Amount of rent. Each participant must determining when violations are serious enough <br /> pay rent in accordance with section 3 (a ) ( 1 ) of to warrant termination , so that a participant' s <br /> the U . S . Housing Act of 1937 (42 U . S . C. assistance is terminated only in the most severe <br /> 1437a (a )( 1 )) , except that in determining the cases . Recipients are not prohibited from <br /> rent of a person occupying an intermediate care resuming assistance to a participant whose <br /> facility assisted under title XIX of the Social assistance has been terminated . <br /> Security Act, the gross income of this person is ( b) Due process . In terminating assistance <br /> the same as if the person were being assisted to a participant, the recipient must provide a <br /> under title XVI of the Social Security Act. formal process that recognizes the rights of <br /> ( b ) Calculating income . ( 1 ) Income of individuals receiving assistance to due process <br /> participants must be calculated in accordance of law . This process , at a minimum , must <br /> with 24 CFR 5 . 609 and 24 CFR 5 . 611 (a ) . consist of : <br /> www .hud . gov espanol . hud . gov Page 13 <br />