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(Approved by the Office of Management and ( b ) Calculating income . ( 1 ) Income of
<br /> Budget under control number 2506- 0118) participants must be calculated in accordance
<br /> [ 58 FR 13892, Mar. 15 , 1993, as amended at 61 with 24 CFR 5 . 609 and 24 CFR 5 . 611 ( a ) .
<br /> FR 51171 , Sept . 30, 1996 ] ( 2 ) Recipients must examine a participant' s
<br /> Sec. 582. 305 Housing quality standards; income initially, and at least annually thereafter,
<br /> rent reasonableness. to determine the amount of rent payable by the
<br /> participant. Adjustments to a participant' s rental
<br /> (a ) Housing quality standards . Housing payment must be made as necessary .
<br /> assisted under this part must meet the applicable ( 3 ) As a condition of participation in the
<br /> housing quality standards ( HQS ) under Sec. program , each participant must agree to supply
<br /> 982 . 401 of this title- - except that Sec. 982 . 401 (j ) the information or documentation necessary to
<br /> of this title does not apply and instead part 35 , verify the participant's income . Participants must
<br /> subparts A, B, K and R of this title apply--and , for
<br /> SRO under Sec. 882 . 803 ( b ) of this title . Before provide the recipient information any time
<br /> any assistance will be provided on behalf of a regarding changes in income or other
<br /> circumstances that may result in changes to a
<br /> participant, the recipient, or another entity acting
<br /> on behalf of the recipient (other than the owner participant's rental payment .
<br /> of the housing ) , must physically inspect each unit [ 66 FR 6225 , ]an . 19, 2001 ]
<br /> to assure that the unit meets the HQS . Sec . 582. 315 Occupancy agreements.
<br /> Assistance will not be provided for units that fail
<br /> to meet the HQS , unless the owner corrects any ( a ) Initial occupancy agreement. Participants
<br /> deficiencies within 30 days from the date of the must enter into an occupancy agreement for a
<br /> lease agreement and the recipient verifies that all term of at least one month . The occupancy
<br /> deficiencies have been corrected . Recipients must agreement must be automatically renewable
<br /> also inspect all units at least annually during the upon expiration , except on prior notice by either
<br /> grant period to ensure that the units continue to party .
<br /> meet the HQS .
<br /> ( b) Terms of agreement. In addition to
<br /> ( b) Rent reasonableness . HUD will only standard lease provisions, the occupancy
<br /> provide assistance for a unit for which the rent is agreement may also include a provision requiring
<br /> reasonable . For TRA, PRA, and SRA, it is the the participant to take part in the supportive
<br /> responsibility of the recipient to determine services provided through the program as a
<br /> whether the rent charged for the unit receiving condition of continued occupancy .
<br /> rental assistance is reasonable in relation to rents Sec. 582 . 320 Termination of assistance to
<br /> being charged for comparable unassisted units,
<br /> taking into account the location , size , type, participants,
<br /> quality, amenities, facilities, and management (a ) Termination of assistance . The recipient
<br /> and maintenance of each unit, as well as not in may terminate assistance to a participant who
<br /> excess of rents currently being charged by the violates program requirements or conditions of
<br /> same owner for comparable unassisted units . For occupancy . Recipients must exercise judgment
<br /> SRO , rents are calculated in accordance with 24 and examine all extenuating circumstances in
<br /> CFR 882 . 805 (g ) . determining when violations are serious enough
<br /> [ 58 FR 13892, Mar. 15 , 1993 , as amended at 61 to warrant termination , so that a participant's
<br /> FR 51171 , Sept . 30, 1996 ; 64 FR 50226 , Sept. assistance is terminated only in the most severe
<br /> 15 , 19991 cases . Recipients are not prohibited from
<br /> resuming assistance to a participant whose
<br /> Sec. 582. 310 Resident rent, assistance has been terminated .
<br /> (a ) Amount of rent . Each participant must pay ( b ) Due process . In terminating assistance to
<br /> rent in accordance with section 3 ( a ) ( 1 ) of the a participant, the recipient must provide a formal
<br /> U . S . Housing Act of 1937 (42 U . S . C . process that recognizes the rights of individuals
<br /> 1437a ( a ) ( 1 ) ) , except that in determining the rent receiving assistance to due process of law . This
<br /> of a person occupying an intermediate care process, at a minimum , must consist of:
<br /> facility assisted under title XIX of the Social ( 1 ) Written notice to the participant containing
<br /> Security Act, the gross income of this person is
<br /> the same as if the person were being assisted a clear statement of the reasons for termination ;
<br /> under title XVI of the Social Security Act .
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