2012-079 - Laserfiche WebLink

Home Browse Search

§ 582.310 24 CFR Ch. V ( 4= 1 -09 Edition ) applicable housing quality standards ( HQS ) ( 2) Recipients must examine a participant's under § 982 . 401 of this title except that § income initially, and at least annually thereafter, 982 . 4010 ) of this title does not apply and to determine the amount of rent payable by the instead part 35, subparts A, B, K and R of this participant. Adjustments to a participant's rental title apply-and, for SRO under § 882 . 803 ( b ) of payment must be made as necessary. this title. Before any assistance will be provided ( 3 ) As a condition of participation in the on behalf of a participant, the recipient, or program, each participant must agree to supply another entity acting on behalf of the recipient the information or documentation necessary to ( other than the owner of the housing ), must verify the participant's income. Participants must physically inspect each unit to assure that the provide the recipient information at any time unit meets the HQS . Assistance will not be regarding changes in income or other provided for units that fail to meet the HQS, circumstances that may result in changes to a unless the owner corrects any deficiencies participant's rental payment. within 30 days from the date of the lease [66 FR 6225, Jan . 19, 2001] agreement and the recipient verifies that all deficiencies have been corrected . Recipients § 582. 315 Occupancy agreements, must also inspect all units at least annually (a ) Initial occupancy agreement, during the grant period to ensure that the units Participants must enter into an occupancy continue to meet the HQS. agreement for a term of at least one month . ( b) Rent reasonableness . HUD will only The occupancy agreement must be provide assistance for a unit for which the rent automatically renewable upon expiration, except is reasonable. For TRA, PRA, and SRA, it is the on prior notice by either party , responsibility of the recipient to determine ( b) Terms of agreement. In addition to whether the rent charged for the unit receiving standard lease provisions, the occupancy rental assistance is reasonable in relation to agreement may also include a provision rents being charged for comparable unassisted requiring the participant to take part in the units, taking into account the location, size, supportive services provided through the type, quality, amenities, facilities, and program as a condition of continued occupancy. management and maintenance of each unit, as well as not in excess of rents currently being charged by the same owner for comparable § 582. 320 Termination of assistance to unassisted units . For SRO, rents are calculated participants. in accordance with 24 CFR 882 . 805( g ) . (a ) Termination of assistance. The recipient [58 FR 13892, Mar, 15, 1993, as amended at 61 FR 51171 , Sept. 30, may terminate assistance to a participant who 1996; 64 FR 50226, Sept. 15, 1999] violates program requirements or conditions of § 582. 310 Resident rent. occupancy. Recipients must exercise judgment and examine all extenuating circumstances in ( a ) Amount of rent. Each participant must determining when violations are serious enough pay rent in accordance with section 3 (a) ( 1 ) of to warrant termination, so that a participant's the U . S. Housing Act of 1937 (42 U . S . C. assistance is terminated only in the most severe 1437a ( a) ( 1 ) ), except that in determining the cases. Recipients are not prohibited from rent of a person occupying an intermediate care resuming assistance to a participant whose facility assisted under title XIX of the Social assistance has been terminated . Security Act, the gross income of this person is ( b) Due process. in terminating assistance the same as if the person were being assisted to a participant, the recipient must provide a under title XVI of the Social Security Act. formal process that recognizes the rights of ( b ) Calculating income . ( 1 ) Income of individuals receiving assistance to due process participants must be calculated in accordance of law. This process, at a minimum, must with 24 CFR 5 . 609 and 24 CFR 5 . 611 (a ) . consist of, www . liud. gov espanol . hud. gov Page 13