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A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582. 310 24 CFR Ch . V ( 4Z1Z09 Edition ) applicable housing quality standards ( HQS ) ( 2 ) Recipients must examine a under § 982 . 401 of this titleLex-cept that § par- ticipantLs income initially, and at least 982 . 401 (j ) of this title does not apply and annually thereafter, to determine the amount of instead part 35, subparts A, B, K and R of this rent payable by the participant. Adjustments to title apply and , for SRO under § 882 . 803 ( b) of a participantLs rental payment must be made as this title . Before any assistance will be provided necessary . on behalf of a participant, the recipient, or ( 3 ) As a condition of participation in the another entity acting on behalf of the recipient program , each participant must agree to supply (other than the owner of the housing ) , must the information or documentation necessary to physically inspect each unit to assure that the verify the participantis income . Participants unit meets the HQS . Assistance will not be must provide the recipient information at any provided for units that fail to meet the HQS , time regarding changes in income or other unless the owner corrects any deficiencies circumstances that may result in changes to a within 30 days from the date of the lease participantis rental payment, agreement and the recipient verifies that all [66 FR 6225, )an . 19, 2001] deficiencies have been corrected . Recipients must also inspect all units at least annually § 582 . 315 Occupancy agreements , during the grant period to ensure that the units (a ) Initial occupancy agreement . continue to meet the HQS . Participants must enter into an occupancy ( b) Rent reasonableness . HUD will only agreement for a term of at least one month . provide assistance for a unit for which the rent The occupancy agreement must be is reasonable . For TRA, PRA, and SRA, it is the automatically renewable upon expiration , except responsibility of the recipient to determine on prior notice by either party . whether the rent charged for the unit receiving ( b ) Terms of agreement. In addition to rental assistance is reasonable in relation to standard lease provisions, the occupancy rents being charged for comparable unassisted agreement may also include a provision units, taking into account the location , size, requiring the participant to take part in the type, quality, amenities, facilities, and supportive services provided through the management and maintenance of each unit, as program as a condition of continued occupancy , well as not in excess of rents currently being charged by the same owner for comparable unassisted units. For SRO, rents are calculated § 58 Termination of assistance to in accordance with 24 CFR 882 . 805 (g ) , participants. [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 511710 Sept. 30, ( a ) Termination of assistance . The recipient 1996 ; 64 FR 50226, Sept, 15, 1999 ] may terminate assistance to a participant who violates program requirements or conditions of § 582 . 310 Resident rent. occupancy. Recipients must exercise judgment (a ) Amount of rent. Each participant must and examine all extenuating circumstances in pay rent in accordance with section 3 (a ) ( 1 ) of determining when violations are serious enough the U . S . Housing Act of 1937 ( 42 U . S . C . to warrant termination , so that a participantLs 1437a ( a )( 1 ) ) , except that in determining the assistance is terminated only in the most severe rent of a person occupying an intermediate care cases . Recipients are not prohibited from facility assisted under title XIX of the Social resuming assistance to a participant whose Security Act, the gross income of this person is assistance has been terminated , the same as if the person were being assisted ( b ) Due process . In terminating assistance under title XVI of the Social Security Act. to a participant, the recipient must provide a ( b ) Calculating income . ( 1 ) Income of formal process that recognizes the rights of participants must be calculated in accordance individuals receiving assistance to due process with 24 CFR 5 . 609 and 24 CFR 5 . 611 ( a ) . of law. This process, at a minimum , must consist of: www1lud . gov espanol . hud . gov Page 13