24 CFR 982.552 Exhibit C

§ 982.552

24 CFR Ch. IX (4–1–15 Edition)

the tenant or immediate family member of the tenant is the victim.
(m) Alcohol abuse by household members. The members of the household
must not abuse alcohol in a way that
threatens the health, safety or right to
peaceful enjoyment of other residents
and persons residing in the immediate
vicinity of the premises.
(n) Other housing assistance. An assisted family, or members of the family, may not receive Section 8 tenantbased assistance while receiving another housing subsidy, for the same
unit or for a different unit, under any
duplicative (as determined by HUD or
in accordance with HUD requirements)
federal, State or local housing assistance program.
(Approved by the Office of Management and
Budget under control number 2577–0169)

wreier-aviles on DSK5TPTVN1PROD with CFR

[60 FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61 FR 11119, Mar. 18,
1996; 61 FR 13627, Mar. 27, 1996; 61 FR 27163,
May 30, 1996; 64 FR 26650, May 14, 1999; 66 FR
28805, May 24, 2001; 73 FR 72345, Nov. 28, 2008;
75 FR 66264, Oct. 27, 2010]

§ 982.552 PHA denial or termination of
assistance for family.
(a)Action or inaction by family. (1) A
PHA may deny assistance for an applicant or terminate assistance for a participant under the programs because of
the family’s action or failure to act as
described in this section or § 982.553.
The provisions of this section do not
affect denial or termination of assistance for grounds other than action or
failure to act by the family.
(2) Denial of assistance for an applicant may include any or all of the following: denying listing on the PHA
waiting list, denying or withdrawing a
voucher, refusing to enter into a HAP
contract or approve a lease, and refusing to process or provide assistance
under portability procedures.
(3) Termination of assistance for a
participant may include any or all of
the following: refusing to enter into a
HAP contract or approve a lease, terminating housing assistance payments
under an outstanding HAP contract,
and refusing to process or provide assistance under portability procedures.
(4) This section does not limit or affect exercise of the PHA rights and
remedies against the owner under the

HAP contract, including termination,
suspension or reduction of housing assistance payments, or termination of
the HAP contract.
(b) Requirement to deny admission or
terminate assistance. (1) For provisions
on denial of admission and termination
of assistance for illegal drug use, other
criminal activity, and alcohol abuse
that would threaten other residents,
see § 982.553.
(2) The PHA must terminate program
assistance for a family evicted from
housing assisted under the program for
serious violation of the lease.
(3) The PHA must deny admission to
the program for an applicant, or terminate program assistance for a participant, if any member of the family fails
to sign and submit consent forms for
obtaining information in accordance
with part 5, subparts B and F of this
title.
(4) The family must submit required
evidence of citizenship or eligible immigration status. See part 5 of this
title for a statement of circumstances
in which the PHA must deny admission
or terminate program assistance because a family member does not establish citizenship or eligible immigration
status, and the applicable informal
hearing procedures.
(5) The PHA must deny or terminate
assistance if any family member fails
to meet the eligibility requirements
concerning individuals enrolled at an
institution of higher education as specified in 24 CFR 5.612.
(c) Authority to deny admission or terminate assistance—(1) Grounds for denial
or termination of assistance. The PHA
may at any time deny program assistance for an applicant, or terminate
program assistance for a participant,
for any of the following grounds:
(i) If the family violates any family
obligations under the program (see
§ 982.551). See § 982.553 concerning denial
or termination of assistance for crime
by family members.
(ii) If any member of the family has
been evicted from federally assisted
housing in the last five years;
(iii) If a PHA has ever terminated assistance under the program for any
member of the family.
(iv) If any member of the family has
committed fraud, bribery, or any other

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wreier-aviles on DSK5TPTVN1PROD with CFR

Asst. Secry., for Public and Indian Housing, HUD
corrupt or criminal act in connection
with any Federal housing program (see
also § 982.553(a)(1));
(v) If the family currently owes rent
or other amounts to the PHA or to another PHA in connection with Section
8 or public housing assistance under
the 1937 Act.
(vi) If the family has not reimbursed
any PHA for amounts paid to an owner
under a HAP contract for rent, damages to the unit, or other amounts
owed by the family under the lease.
(vii) If the family breaches an agreement with the PHA to pay amounts
owed to a PHA, or amounts paid to an
owner by a PHA. (The PHA, at its discretion, may offer a family the opportunity to enter an agreement to pay
amounts owed to a PHA or amounts
paid to an owner by a PHA. The PHA
may prescribe the terms of the agreement.)
(viii) If a family participating in the
FSS program fails to comply, without
good cause, with the family’s FSS contract of participation.
(ix) If the family has engaged in or
threatened abusive or violent behavior
toward PHA personnel.
(x) If a welfare-to-work (WTW) family fails, willfully and persistently, to
fulfill its obligations under the welfare-to-work voucher program.
(xi) If the family has been engaged in
criminal activity or alcohol abuse as
described in § 982.553.
(2) Consideration of circumstances. In
determining whether to deny or terminate assistance because of action or
failure to act by members of the family:
(i) The PHA may consider all relevant circumstances such as the seriousness of the case, the extent of participation or culpability of individual
family
members,
mitigating
circumstances related to the disability of
a family member, and the effects of denial or termination of assistance on
other family members who were not involved in the action or failure.
(ii) The PHA may impose, as a condition of continued assistance for other
family members, a requirement that
other family members who participated in or were culpable for the action
or failure will not reside in the unit.
The PHA may permit the other mem-

§ 982.552

bers of a participant family to continue
receiving assistance.
(iii) In determining whether to deny
admission or terminate assistance for
illegal use of drugs or alcohol abuse by
a household member who is no longer
engaged in such behavior, the PHA
may consider whether such household
member is participating in or has successfully completed a supervised drug
or alcohol rehabilitation program, or
has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this purpose, the PHA may require the applicant or tenant to submit evidence of
the household member’s current participation in, or successful completion
of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully.
(iv) If the family includes a person
with disabilities, the PHA decision concerning such action is subject to consideration of reasonable accommodation in accordance with part 8 of this
title.
(v) Nondiscrimination limitation and
protection for victims of domestic violence,
dating violence, or stalking. The PHA’s
admission and termination actions
must be consistent with fair housing
and equal opportunity provisions of
§ 5.105 of this title, and with the requirements of 24 CFR part 5, subpart L,
protection for victims of domestic violence, dating violence, or stalking.
(d) Information for family. The PHA
must give the family a written description of:
(1) Family obligations under the program.
(2) The grounds on which the PHA
may deny or terminate assistance because of family action or failure to act.
(3) The PHA informal hearing procedures.
(e) Applicant screening. The PHA may
at any time deny program assistance
for an applicant in accordance with the

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§ 982.553

24 CFR Ch. IX (4–1–15 Edition)

PHA policy, as stated in the PHA administrative plan, on screening of applicants for family behavior or suitability for tenancy.
(Approved by the Office of Management and
Budget under control number 2577–0169)
[60 FR 34695, July 3, 1995, as amended at 60
FR 45661, Sept. 1, 1995; 61 FR 13627, Mar. 27,
1996; 63 FR 23865, Apr. 30, 1998; 64 FR 26650,
May 14, 1999; 64 FR 49659, Sept. 14, 1999; 64 FR
56915, Oct. 21, 1999; 65 FR 16823, Mar. 30, 2000;
66 FR 28805, May 24, 2001; 70 FR 77744, Dec. 30,
2005; 73 FR 72345, Nov. 28, 2008; 75 FR 66264,
Oct. 27, 2010; 80 FR 8247, Feb. 17, 2015]

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 982.553 Denial of admission and termination of assistance for criminals
and alcohol abusers.
(a) Denial of admission—(1) Prohibiting
admission of drug criminals. (i) The PHA
must prohibit admission to the program
of an applicant for three years from the
date of eviction if a household member
has been evicted from federally assisted housing for drug-related criminal activity. However, the PHA may
admit the household if the PHA determines:
(A) That the evicted household member who engaged in drug-related criminal activity has successfully completed
a supervised drug rehabilitation program approved by the PHA; or
(B) That the circumstances leading
to eviction no longer exist (for example, the criminal household member
has died or is imprisoned).
(ii) The PHA must establish standards that prohibit admission if:
(A) The PHA determines that any
household member is currently engaging in illegal use of a drug;
(B) The PHA determines that it has
reasonable cause to believe that a
household member’s illegal drug use or
a pattern of illegal drug use may
threaten the health, safety, or right to
peaceful enjoyment of the premises by
other residents; or
(C) Any household member has ever
been convicted of drug-related criminal
activity for manufacture or production
of methamphetamine on the premises
of federally assisted housing.
(2) Prohibiting admission of other criminals—(i) Mandatory prohibition. The
PHA must establish standards that prohibit admission to the program if any
member of the household is subject to

a lifetime registration requirement
under a State sex offender registration
program. In this screening of applicants, the PHA must perform criminal
history background checks necessary
to determine whether any household
member is subject to a lifetime sex offender registration requirement in the
State where the housing is located and
in other States where the household
members are known to have resided.
(ii) Permissive prohibitions. (A) The
PHA may prohibit admission of a
household to the program if the PHA
determines that any household member
is currently engaged in, or has engaged
in during a reasonable time before the
admission:
(1) Drug-related criminal activity;
(2) Violent criminal activity;
(3) Other criminal activity which
may threaten the health, safety, or
right to peaceful enjoyment of the
premises by other residents or persons
residing in the immediate vicinity; or
(4) Other criminal activity which
may threaten the health or safety of
the owner, property management staff,
or persons performing a contract administration function or responsibility
on behalf of the PHA (including a PHA
employee or a PHA contractor, subcontractor or agent).
(B) The PHA may establish a period
before the admission decision during
which an applicant must not have engaged in the activities specified in
paragraph (a)(2)(i) of this section
(‘‘reasonable time’’).
(C) If the PHA previously denied admission to an applicant because a
member of the household engaged in
criminal activity, the PHA may reconsider the applicant if the PHA has sufficient evidence that the members of
the household are not currently engaged in, and have not engaged in, such
criminal activity during a reasonable
period, as determined by the PHA, before the admission decision.
(1) The PHA would have ‘‘sufficient
evidence’’ if the household member
submitted a certification that she or he
is not currently engaged in and has not
engaged in such criminal activity during the specified period and provided
supporting information from such
sources as a probation officer, a landlord, neighbors, social service agency

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