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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J . K . BARTON , CLERK
<br /> § 582 . 310 24 CFR Ch . V ( 4Z109 Edition )
<br /> applicable housing quality standards ( HQS ) ( 2 ) Recipients must examine a
<br /> under § 982 . 401 of this titleLex-cept that § par- ticipantLs income initially, and at least
<br /> 982 . 4010 ) of this title does not apply and annually thereafter, to determine the amount of
<br /> instead part 35, subparts A, B, K and R of this rent payable by the participant . Adjustments to
<br /> title apply and , for SRO under § 882 . 803 ( b) of a participants rental payment must be made as
<br /> this title . Before any assistance will be provided necessary ,
<br /> on behalf of a participant, the recipient, or ( 3 ) As a condition of participation in the
<br /> another entity acting on behalf of the recipient program , each participant must agree to supply
<br /> ( other than the owner of the housing ) , must the information or documentation necessary to
<br /> physically inspect each unit to assure that the verify the participantLs income . Participants
<br /> unit meets the HQS . Assistance will not be must provide the recipient information at any
<br /> provided for units that fail to meet the HQS, time regarding changes in income or other
<br /> unless the owner corrects any deficiencies circumstances that may result in changes to a
<br /> within 30 days from the date of the lease participantLs rental payment,
<br /> agreement and the recipient verifies that all [66 FR 6225, ]an. 19, 2001]
<br /> deficiencies have been corrected . Recipients
<br /> must also inspect all units at least annually § 582 . 315 Occupancy agreements,
<br /> during the grant period to ensure that the units (a ) Initial occupancy agreement,
<br /> continue to meet the HQS . Participants must enter into an occupancy
<br /> ( b) Rent reasonableness . HUD will only agreement for a term of at least one month ,
<br /> provide assistance for a unit for which the rent The occupancy agreement must be
<br /> is reasonable. For TRA, PRA, and SRA, it is the automatically renewable upon expiration , except
<br /> responsibility of the recipient to determine on prior notice by either party ,
<br /> whether the rent charged for the unit receiving ( b) Terms of agreement. In addition to
<br /> rental assistance is reasonable in relation to standard lease provisions, the occupancy
<br /> rents being charged for comparable unassisted agreement may also include a provision
<br /> units, taking into account the location , size, requiring the participant to take part in the
<br /> type, quality, amenities, facilities, and supportive services provided through the
<br /> management and maintenance of each unit, as program as a condition of continued occupancy .
<br /> well as not in excess of rents currently being
<br /> charged by the same owner for comparable
<br /> unassisted units. For SRO, rents are calculated § 582 . 320 Termination of assistance to
<br /> in accordance with 24 CFR 882 . 805 (g ) . participants.
<br /> (58 FR 13892, Mar, 15, 1993, as amended at 61 FR 51171 , Sept. 30, (a ) Termination of assistance . The recipient
<br /> 1996; 64 FR 50226, Sept. 15, 1999] may terminate assistance to a participant who
<br /> violates program requirements or conditions of
<br /> § 582 . 310 Resident rent. occupancy. Recipients must exercise judgment
<br /> ( a ) Amount of rent. Each participant must and examine all extenuating circumstances in
<br /> pay rent in accordance with section 3 (a ) ( 1 ) of determining when violations are serious enough
<br /> the U . S . Housing Act of 1937 (42 U . S . C. to warrant termination, so that a participantLs
<br /> 1437a ( a ) ( 1 ) ) , except that in determining the assistance is terminated only in the most severe
<br /> rent of a person occupying an intermediate care cases . Recipients are not prohibited from
<br /> facility assisted under title XIX of the Social resuming assistance to a participant whose
<br /> Security Act, the gross income of this person is assistance has been terminated ,
<br /> the same as if the person were being assisted ( b ) Due process . In terminating assistance
<br /> under title XVI of the Social Security Act to a participant, the recipient must provide a
<br /> ( b) Calculating income . ( 1 ) Income of formal process that recognizes the rights of
<br /> participants must be calculated in accordance individuals receiving assistance to due process
<br /> with 24 CFR 5 . 609 and 24 CFR 5 . 611 ( a ) , of law. This process, at a minimum , must
<br /> consist
<br /> of:
<br /> www . hud . gov espanol . hud . gov Paige 13
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