Definitions and Other General Requirements for Assistance Under the United States Housing Act of 1937

SUMMARY: This rule consolidates and revises portions of 24 CFR parts

812 and 912 into a new subpart D of part 5, makes a conforming change

to part 982, and revises part 950 to provide general requirements for

the implementation of the United States Housing Act of 1937 that are in

addition to the Act's explicit requirements.

EFFECTIVE DATE: March 14, 1996.

FOR FURTHER INFORMATION CONTACT: Issues related to part 812 as it

relates to programs administered by the Assistant Secretary for

Housing/Federal Housing Commissioner: Barbara D. Hunter, Director,

Program Management Division, Office of Multifamily Asset Management and

Disposition, Room 6182, 451 Seventh Street SW., Washington, DC 20410,

Telephone (202) 708-4162. A telecommunications device for speech or

hearing impaired persons (TDD) is available at (202) 708-4594. (These

are not toll-free telephone numbers.)

Issues related to part 812 (as it relates to section 8

certificates, vouchers, and Mod Rehab), part 912 and programs

administered by the Assistant Secretary for Public and Indian Housing:

MaryAnn Russ, Deputy Assistant Secretary for Public and Assisted

Housing Operations, Office of Public and Indian Housing, Room 4204, 451

Seventh Street SW., Washington, DC 20410, Telephone (202) 708-1380. A

telecommunications device for speech or hearing impaired persons (TDD)

is available at (202) 708-0850. (These are not toll-free telephone

numbers.)

Issues related to part 950 and Native American Housing Programs:

Deborah Lalancette, Director, Housing Management Division, Office of

Native American Programs, Department of Housing and Urban Development,

room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone

(202) 755-0088; (TDD) (202) 708-0850. (These are not toll-free

numbers.)

Supplementary Information:

I. Statutory and Rulemaking Background

Section 573(a) of the National Affordable Housing Act (NAHA)

(approved November 28, 1990, Pub. L. 101-625) amended clause (D) of

section 3(b)(3) of the United States Housing Act of 1937 (the 1937

Act), to include in the definition of ``families,'' ``any other single

persons'' who are not 62 years old or older, disabled, handicapped,

displaced, or the remaining member of a tenant family. (Hereinafter, an

individual in the category of ``other single persons'' will be referred

to simply as a single person.) Before this NAHA amendment, the number

of single persons eligible for assisted housing was restricted under

the 1937 Act to a percentage of the units in the public housing

agency's or Indian housing authority's jurisdiction.

However, the NAHA amendment added a new restriction on the

admission of any single person to housing units assisted under the 1937

Act. ``In no event'', reads (in part) section 573(a)(1), ``may any

single person [who is not 62 years old or older, disabled, handicapped,

displaced, or the remaining member of a tenant family] * * * be

provided a housing unit assisted under this Act of 2 bedrooms or

more.''

A proposed rule was published in the Federal Register on April 10,

1992 (57 FR 12686) to add the NAHA section 573(a) requirements to the

Department's regulations at 24 CFR parts 812 and 912. This rule also

addressed section 5(b) of the Fair Housing Amendments Act of 1988

(FHAA) (Pub. L. 100-430, approved September 13, 1988), codified at 42

U.S.C. 3602(k), which states that, ``the protections afforded against

discrimination on the basis of familial status shall apply to any

person who is pregnant or is in the process of securing legal custody

of any individual who has not attained the age of 18 years.''

Section 621 of the Housing and Community Development Act of 1992

(HCDA 1992) (Pub. L. 102-550, approved October 28, 1992), also amended

section 3(b)(3) of the 1937 Act, the same section amended by 573(a) of

NAHA. The section 621 amendment is in the nature of a housekeeping

revision that reorganizes the 1937 Act definition of ``family,'' rather

than an amendment that makes substantive changes in the definition.

Section 621 redefines ``elderly family'' by taking out the references

to disabled and handicapped persons, and combines the definitions of

``disabled person'' and ``handicapped person'' into a single definition

of ``person with disabilities.'' The ``any other single persons''

amendments of NAHA section 573(a) are also a part of the HCDA 1992

section 621 revision of 3(b)(3), which slightly modifies section

573(a)'s language on the unit size limitation for single persons from

``2 bedrooms or more'' to read ``2 or more bedrooms.''

Section 301 of the Multifamily Housing Property Disposition Reform

Act of 1994 (MHPDRA) (Pub. L. 102-233, approved April 11, 1994) made a

technical correction to the HCDA 1992 section 621 revision of section

3(b)(3) of the 1937 Act. Section 621 had changed the introductory

language of the definition of ``families'' from, ``The term `families'

includes * * *.'' to, ``The term `families' means * * *.''. Section 301

of MHPDRA amends the introductory language of 3(b)(3) of the 1937 Act

back to the original ``The term `families' includes * * *.''.

To resolve the issue of the basic eligibility of single persons,

HUD published on July 26, 1993 (58 FR 39658) a final rule that

eliminated the former statutory restrictions, which were included in

parts 812 and 912, on the admission of single persons to public and

assisted housing. The final rule published on July 26, 1993 also

removed the restrictions at Sec. 905.301(d), now Sec. 950.301(d),

concerning the admissibility of single persons to Indian housing.

Although section 573(a) of NAHA did not apply to Indian housing,

section 103(b) of HCDA 1992 expressly makes sections 573 and 574 of

NAHA applicable to Indian Housing Authorities (IHAs). At the same time,

HCDA 1992 section 626 expressly excludes IHAs from the coverage of the

entire HCDA 1992 subtitle that includes the section 621 reorganization

of the definition of family.

Two other regulatory amendments are relevant to the changes made in

this final rule. On March 20, 1995 (60 FR 14855), parts 812 and 912

were amended by designating their existing provisions as subpart A, and

adding a subpart B that dealt with restrictions on assistance to

noncitizens. Definitions pertinent to these restrictions were also

added. Finally, on April 10, 1995, at 60 FR 18186, the Indian Housing

consolidated regulations were revised and moved from part 905 to part

950 of title 24.

II. Reinventing Parts 812 and 912

In keeping with the President's mandate to reinvent and reform

regulations, subparts A of parts 812 and 912 are streamlined in this

rule by combining them into a single, new subpart D of part 5 (subparts

B and C are

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reserved for other requirements). One of the methods by which the

Department is streamlining and reducing its regulations is to eliminate

repetitious regulatory language. The subpart A provisions of parts 812

and 912 are virtually identical, covering general requirements related

to the 1937 Act, such as definitions and basic eligibility for

assistance. These general requirements were originally set forth in

separate CFR parts that were designated for offices that administered

different forms of assistance under the 1937 Act. Such a practice,

however, has resulted in the proliferation of repetitious, unnecessary

regulations which the Department is now acting to curb.

Another method of reinventing regulations by the Department is to

remove rule text that only repeats statutory language. Rules will only

contain legally binding requirements that are in addition to those

contained in a statute. Besides reducing the sheer bulk of rules, this

practice will remove the problems that result when a rule that echoes

the language of a statute becomes inconsistent with new statutory

amendments. The period before such a rule is amended to conform to new

statutory language is often one of confusion and uncertainty as to

which law applies: the old provisions in the regulations or the new

provisions in the statute. The new subpart D of part 5 promulgated here

does not, therefore, repeat any statutory language, but only implements

requirements that are in addition to those in the 1937 Act. However,

for purposes of convenience and clarity, this final rule also includes

definitions of the terms ``family,'' ``elderly family,'' ``disabled

family,'' and ``near-elderly family,'' for which the elements must be

assembled from different parts of section 3(b)(3) of the 1937 Act in

order to arrive at a complete definition. For example, section

3(b)(3)(B) provides:

The term ``families'' includes families with children and, in

the cases of elderly families, near-elderly families, and disabled

families, means families whose heads (or their spouses), or whose

sole members, are elderly, near-elderly, or persons with

disabilities, respectively. The term includes, in the cases of

elderly families, near-elderly families, and disabled families, 2 or

more elderly persons, near-elderly persons, or persons with

disabilities living together, and 1 or more persons determined under

the regulations of the Secretary to be essential to their care or

well-being.

Sufficient information is not given in section 3(b)(3)(B) to

formulate a complete definition of ``elderly family;'' for a complete

definition of this term, it is necessary to incorporate with the

3(b)(3)(B) information the definition of ``elderly person'' in section

3(b)(3)(D). The final rule makes this incorporation.

The April 10, 1992 proposed revisions to parts 812 and 912, which

concern section 5(b) of the Fair Housing Amendments Act of 1988 (FHAA)

and the treatment of single, pregnant women and individuals in the

process of obtaining custody, are not included in this final rule. The

statutory prohibition against housing discrimination towards such

persons is sufficiently clear and enforceable. Since the percentage

limit for occupancy by single persons (which could have been used to

mask instances of discrimination against persons in these protected

classes) has been eliminated, it is no longer necessary to distinguish

persons in these FHAA-protected classes from other single persons.

The definitions that were added to parts 812 and 912 for purposes

of the March 20, 1995 rule on restrictions on assistance to noncitizens

are being moved to revised Secs. 812.5(a) and 912.5(a). The provisions

in subparts B of parts 812 and 912 will remain in effect until the

publication of a single, streamlined noncitizens rule.

For purposes of uniformity, the definition of applicant is being

added to the Indian Housing regulation at Sec. 950.102. The provisions

dealing with the preference over single persons and the housing

assistance limitation for single persons are being added to

Sec. 950.301 of the Indian Housing regulation, with a conforming change

made to Sec. 950.303(b)(1)(ii).

The combined statutory and regulatory definitions and general

requirements that apply with respect to public housing and Section 8

housing assistance under the 1937 Act have been placed in an appendix

to this final rule. The final rule will be codified in the Code of

Federal Regulations; the appendix will not be codified. However, the

appendix is available to the public as a single document which provides

a unified overview of these general requirements under the 1937 Act.

III. Response to Public Comments

A total of 182 comments were received on the proposed rule from 39

Public Housing Authorities, 103 elderly tenants, 30 managers, 6

interest groups, 2 legal assistant organizations, and 2 individuals.

The comments and HUD's responses are addressed in the discussion below.

Concerns Over Removing Eligibility Restrictions on Single Persons

Numerous comments were received on the scope of the proposed rule,

with particular emphasis on the amendment to the definition of

``family'' to include ``any other single person.'' The comments took

the form of suggested changes to narrow the scope or impose limits on

single persons who could be admitted, general observations about the

impact of this rule, inquiries about the application of the rule to

specific programs and situations, and requests for clarification.

Over two thirds of the comments received on the proposed rule were

directed at the mix of elderly people with young single people that the

commenters believed will result from the implementation of this rule.

They expressed concern about the occupancy issues that arise when

elderly and non-elderly persons live in the same housing. Concerns were

also raised about the eligibility of single persons as a group for

housing or assistance under the 1937 Act.

HUD Response

These comments from elderly residents, owners of elderly projects,

and management companies appear to have been submitted under the belief

that the proposed rule would have superseded the basic admission

requirements for a particular project. It is important to note that the

change in the status of single persons is the result of legislative

amendments to the 1937 Act. Even so, the inclusion of single persons in

the definition of ``family'' without a percent occupancy limitation, as

was previously the case, does not automatically constitute admission

into every form of assisted housing. The single person, as well as any

other family, must still meet all of the eligibility requirements for

the particular project and for the type of housing assistance which is

sought. This has always been the case, and the rule, at Sec. 5.403(a),

now expressly states that, ``An applicant must meet all of the

eligibility requirements of the housing assistance for which an

application is made in order to obtain the housing assistance.''

One of the basic eligibility requirements under the 1937 Act is

that the applicant must be a ``family.'' However, the definition of

``family'' in the 1937 Act is broadly expressed as, ``The term

`families' includes * * *'' (emphasis added) and is not exclusive or

exhaustive. Given this broad statutory definition, HUD has historically

permitted PHAs and housing owners the flexibility to make the

determination of ``family,'' in accordance with their local laws and

policies, including state and local fair housing laws, as long as such

a determination does not conflict with

[[Page 5664]]

the 1937 Act or the Federal Fair Housing Act.

Preference for Admission

Seven commenters sought further explanation of the practical

application of extending a preference for housing units to elderly,

disabled, handicapped and displaced persons over single persons in

Secs. 812.3(a) and 912.3(a) of the proposed rule (Note: the use of the

term ``handicapped'' is eliminated by HCDA 1992 sec. 621). The central

issue presented by these commenters was whether elderly, disabled,

handicapped and displaced families always have a priority in the

admission process over single persons, regardless of the Federal

preferences. One commenter asked if the proposed rule gave a ``Federal

preference'' or simply a priority. A couple of commenters asked whether

a single person with a Federal preference would get a certificate or

voucher first before an elderly, handicapped, disabled or displaced

person without a Federal preference, and other commenters posed that

question in the converse. Still more commenters, objecting to what they

considered the unanticipated consequences of the proposed rule, assumed

both that proposed Secs. 812.3(a) and 912.3(a) did not give a ``Federal

preference'' and that in practice the single person would receive the

certificate or voucher first, in spite of the fact that the rule is

careful to indicate the elderly, disabled, and displaced have a

priority.

HUD Response

The basis for treating single persons differently from elderly,

disabled, or displaced persons is that the statute requires it. This

requirement does not, in any way, violate applicable nondiscrimination

provisions.

The final rule clarifies that a PHA or private owner must give

preference to applicants who are elderly, disabled, or displaced

families consisting of no more than two persons over applicants who are

single persons, regardless of the applicant's Federal or local

preferences. Admitting these elderly, disabled, and displaced families

that do not have a Federal Preference over a single person with a

Federal Preference does not draw on the local preference limit (10%/

30%/50%). The 1937 Act provides for both the Federal preference and the

preference over single persons, but does not prescribe the order of

these statutory preferences. HUD has determined that the singles

preference should govern over the Federal preference scheme.

This final rule further clarifies that elderly, disabled, and

displaced one- or two-person family applicants have a preference over

single persons who are not elderly, disabled, or displaced for all

types of assisted housing under the 1937 Act, including general

occupancy public and Indian housing and Section 8, not just for public

and Indian housing and privately owned housing for the elderly.

Unit Size Limitation

Nine commenters addressed the unit size limitation for single

persons who are not elderly, disabled, displaced or the remaining

member of a tenant family in Secs. 812.3(b), 882.209(i)(1), 887.253(c),

and 912.3(b) of the proposed rule. The consensus of these commenters

was that the provision stating that ``any Single Person may not be

provided a unit with two or more bedrooms'' was unnecessarily

restrictive.

PHAs objected to the different treatment between single persons and

other persons under the same programs, citing a variety of reasons,

such as: How this restriction penalizes people for being single; the

absence of a rational justification for this restriction when the gross

rent for a larger unit is reasonable and less than the 1 bedroom fair

market rent; the fact that elderly, handicapped, disabled and displaced

people are not subject to the same restriction; and the hardships to

management and owners from not being able to offer the next bedroom

size to single persons on the list in light of the high vacancy rates

in some parts of the country.

Another PHA felt that the restriction goes too far because it would

extend to a single person with special health needs who requires a 2

bedroom unit for purposes of accommodating additional equipment or

other needs. In the opinion of this commenter, the NAHA section 573(a)

language, ``In no event may any single person under clause (D) be

provided a housing unit assisted under this Act of 2 bedrooms or

more'', is not intended to cover single persons with special health

needs.

HUD response

Sections 573(a) and 621 both agree that, ``In no event may any

single person * * * be provided a housing unit assisted under this Act

of 2 or more bedrooms.'' The rule implements this provision for

purposes of the rental certificate and voucher programs as a limitation

on family unit size, and therefore on the amount of subsidy paid on

behalf of the single person. The rule does not prohibit a single person

from residing in a larger unit (2 or more bedrooms) with the amount of

subsidy for a zero or one-bedroom family unit size.

It is likely that an individual who needed a larger unit to

accommodate medical equipment because of a health need would qualify as

a ``person with disabilities,'' not as a ``single person,'' and so

could be provided a larger unit.

Other Matters

Regulatory Planning and Review

This rule has been reviewed in accordance with Executive Order

12866, issued by the President on September 30, 1993 (58 FR 51735,

October 4, 1993). Any changes to the rule resulting from this review

are available for public inspection between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules Docket Clerk.

Environmental Impact

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations at 24 CFR Part 50,

which implement section 102(2)(C) of the National Environmental Policy

Act of 1969. The Finding of No Significant Impact is available for

public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the

Office of the Rules Docket Clerk at the above address.

Federalism

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that the policies

contained in this rule do not have federalism implications and, thus,

are not subject to review under the Order. This rule merely makes

certain statutorily required changes in definitions that will not have

substantial, direct effects on States, on their political subdivisions,

or on their relationships with the Federal government, or on the

distribution of power and responsibilities between them and other

levels of government.

Family Impact

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this rule will not have a

potentially significant negative impact on family formation,

maintenance, and general well-being, and thus, is not subject to review

under the Order. The rule only implements statutorily required changes

in the definition of ``family'' under the United States Housing Act of

1937.

Regulatory Flexibility Act

The Secretary, in accordance with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this rule before publication and by

approving it certifies that this rule does not have a significant

[[Page 5665]]

economic impact on a substantial number of small entities. The rule is

only an implementation of statutory requirements that adjust the way

the term ``family'' is defined.

List of Subjects

24 CFR Part 5

Admnistrative practice and procedure, Grant programs--housing and

community development, Low and moderate income housing, Public housing,

Reporting and recordkeeping requirements.

24 CFR Part 812

Low and moderate income housing, Reporting and recordkeeping

requirements.

24 CFR Part 912

Grant programs--housing and community development, Public housing,

Reporting and recordkeeping requirements.

24 CFR Part 950

Aged, Energy conservation, Grant programs--housing and community

development, Grant programs--Indians, Indians, Individuals with

disabilities, Low and moderate income housing, Public housing,

Reporting and recordkeeping requirements.

24 CFR Part 982

Grant programs--housing and community development, Housing, Rent

subsidies, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, 24 CFR parts 5, 812, 912,

950, and 982 are amended, as set forth below:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

1. The authority citation for part 5 continues to read as follows:

Authority: 42 U.S.C. 3535(d).

1. Subparts B and C of part 5 are reserved.

2. A new subpart D to part 5 is added to read as follows:

Subpart D--Definitions and Other General Requirements for

Assistance Under the United States Housing Act of 1937

Sec.

5.400 Applicability.

5.403 Definitions.

5.405 Basic eligibility; preference over single persons; and

housing assistance limitation for single persons.

Authority: 42 U.S.C. 1437a and 3535(d).

Sec. 5.400 Applicability.

This part applies to public housing (other than Indian housing

under 24 CFR part 950) and Section 8 programs.

Sec. 5.403 Definitions.

(a) The terms displaced person, elderly person, near-elderly

person, and person with disabilities are defined at paragraph 3 of

section 3(b) of the 1937 Act (42 U.S.C. 1437a(b)(3)).

(b) In addition to the terms listed in paragraph (a) of this

section, the following definitions apply:

Applicant means a person or a family that has applied for housing

assistance.

Disabled family means a family whose head, spouse, or sole member

is a person with disabilities; or two or more persons with disabilities

living together; or one or more persons with disabilities living with

one or more live-in aides.

Displaced family means a family in which each member, or whose sole

member, is a person displaced by governmental action, or a person whose

dwelling has been extensively damaged or destroyed as a result of a

disaster declared or otherwise formally recognized pursuant to Federal

disaster relief laws.

Elderly family means a family whose head, spouse, or sole member is

a person who is at least 62 years of age; or two or more persons who

are at least 62 years of age living together; or one or more persons

who are at least 62 years of age living with one or more live-in aides.

Family includes but is not limited to:

(1) A family with or without children (the temporary absence of a

child from the home due to placement in foster care shall not be

considered in determining family composition and family size);

(2) An elderly family;

(3) A near-elderly family;

(4) A disabled family;

(5) A displaced family;

(6) The remaining member of a tenant family; and

(7) A single person who is not an elderly or displaced person, or a

person with disabilities, or the remaining member of a tenant family.

Live-in aide means a person who resides with one or more elderly

persons, or near-elderly persons, or persons with disabilities, and

who:

(1) Is determined to be essential to the care and well-being of the

persons;

(2) Is not obligated for the support of the persons; and

(3) Would not be living in the unit except to provide the necessary

supportive services.

Near-elderly family means a family whose head, spouse, or sole

member is a person who is at least 50 years of age but below the age of

62; or two or more persons, who are at least 50 years of age but below

the age of 62, living together; or one or more persons who are at least

50 years of age but below the age of 62 living with one or more live-in

aides.

Sec. 5.405 Basic eligibility; preference over single persons; and

housing assistance limitation for single persons.

(a) Basic eligibility. An applicant must meet all of the

eligibility requirements of the housing assistance for which an

application is made in order to obtain the housing assistance. At a

minimum, the applicant must be a family, and must be income-eligible.

Eligible applicants include single persons who are not elderly persons,

or displaced persons, or persons with disabilities.

(b) Preference over single persons. An applicant that is a one- or

two-person elderly, disabled or displaced family, must be given a

preference over an applicant that is a single person who is not an

elderly or displaced person, or a person with disabilities, regardless

of the applicant's Federal or local preferences.

(c) Housing assistance limitation for single persons. A single

person who is not an elderly or displaced person, or a person with

disabilities, or the remaining member of a tenant family may not be

provided:

(1) For public housing and other project-based assistance, a

housing unit with two or more bedrooms; or

(2) For tenant-based assistance, housing assistance for which the

family unit size exceeds the one-bedroom level.

(d) This section shall not apply to the Section 8 Moderate

Rehabilitation Program for Single Room Occupancy Dwellings for Homeless

Individuals set forth at 24 CFR part 882, subpart H.

PART 812--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY

BY SINGLE PERSONS

3. The authority citation for part 812 continues to read as

follows:

Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).

Subpart A--[Removed and Reserved]

4. Subpart A of part 812 is removed and reserved.

5. In Sec. 812.5, paragraphs (a) and (b) are redesignated as

paragraphs (b) and (c), respectively, and a new paragraph (a) is added,

to read as follows:

Sec. 812.5 General.

(a) Definitions. In addition to the definitions that appear at

paragraph 3 of section 3(b) of the United States

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Housing Act of 1937 (the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5

of this title, the following definitions apply to this subpart:

Child. A member of the family, other than the family head or

spouse, who is under 18 years of age.

Citizen. A citizen or national of the United States.

Evidence of citizenship or eligible immigration status. The

documents which must be submitted to evidence citizenship or eligible

immigration status. (See Sec. 812.6(b).)

HA. A housing authority--both a public housing agency and an Indian

housing authority.

Head of household. The adult member of the family who is the head

of the household for purposes of determining income eligibility and

rent.

INS. The U.S. Immigration and Naturalization Service.

Mixed family. A family whose members include those with citizenship

or eligible immigration status, and those without citizenship or

eligible immigration status.

National. A person who owes permanent allegiance to the United

States, for example, as a result of birth in a United States territory

or possession.

Noncitizen. A person who is neither a citizen nor national of the

United States.

Responsible entity. The person or entity responsible for

administering the restrictions on providing assistance to noncitizens

with ineligible immigration status:

(1) For the Section 8 Rental Certificate, the Section 8 Rental

Housing Voucher, and the Section 8 Moderate Rehabilitation programs,

the housing authority (HA) administering the program under an ACC with

HUD.

(2) For all other Section 8 programs, the owner.

Section 214. Section 214 of the Housing and Community Development

Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD

from making financial assistance available for noncitizens unless they

meet one of the categories of eligible immigration status specified in

Section 214.

Section 214 covered programs. Programs to which the restrictions

imposed by Section 214 apply are programs that make available financial

assistance pursuant to the United States Housing Act of 1937 (42 U.S.C.

1437-1440), Section 235 or Section 236 of the National Housing Act (12

U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban

Development Act of 1965 (12 U.S.C. 1701s).

* * * * *

PART 912--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY

BY SINGLE PERSONS

6. The authority citation for part 912 continues to read as

follows:

Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).

Subpart A--[Removed and Reserved]

7. Subpart A of part 912 is removed and reserved.

8. In Sec. 912.5, paragraphs (a) and (b) are redesignated as

paragraphs (b) and (c), respectively, and a new paragraph (a) is added,

to read as follows:

Sec. 912.5 General.

(a) Definitions. In addition to the definitions that appear at

paragraph 3 of section 3(b) of the United States Housing Act of 1937

(the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5 of this title, the

following definitions apply to this subpart:

Child. A member of the family, other than the family head or a

spouse, who is under 18 years of age.

Citizen. A citizen or national of the United States. Evidence of

citizenship or eligible immigration status. The documents which must be

submitted to evidence citizenship or eligible immigration status (see

Sec. 912.6(b)).

Head of household. The adult member of the family who is the head

of the household for purposes of determining income eligibility and

rent.

Mixed family. A family whose members include those with citizenship

or eligible immigration status, and those without citizenship or

eligible immigration status.

National. A person who owes permanent allegiance to the United

States, for example, as a result of birth in a United States territory

or possession.

Noncitizen. A person who is neither a citizen nor national of the

United States.

Section 214. Section 214 of the Housing and Community Development

Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD

from making financial assistance available for noncitizens unless they

meet one of the categories of eligible immigration status specified in

Section 214.

Section 214 covered programs. Programs to which the restrictions

imposed by Section 214 apply are programs that make available financial

assistance pursuant to the United States Housing Act of 1937 (42 U.S.C.

1437-1440), Section 235 or Section 236 of the National Housing Act (12

U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban

Development Act of 1965 (12 U.S.C. 1701s).

* * * * *

PART 950--INDIAN HOUSING PROGRAMS

9. The authority citation for part 950 continues to read as

follows:

Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437aa-1437ee, and

3535(d).

10. In Sec. 950.102, the definition of Applicant is added in

alphabetical order, to read as follows:

Sec. 950.102 Definitions.

* * * * *

Applicant means a person or a family that has applied for admission

to a housing program under this part 950.

* * * * *

11. In Sec. 950.301, paragraph (d) is revised, and a new paragraph

(g) is added, to read as follows:

Sec. 950.301 Admission policies.

* * * * *

(d) Preference over single persons. An applicant that is a one or

two person elderly, disabled or displaced family, must be given a

preference over an applicant that is a single person who is not an

elderly or displaced person, or a person with disabilities, regardless

of the applicant's Federal or local preferences.

* * * * *

(g) Housing assistance limitation for single persons. A single

person who is not an elderly or displaced person, or a person with

disabilities, or the remaining member of a tenant family may not be

provided a housing unit with two or more bedrooms.

12. In Sec. 950.303, paragraph (b)(1)(ii) is revised to read as

follows:

Sec. 950.303 Selection preferences.

* * * * *

(b) * * *

(1) * * *

(ii) Singles preference. See Sec. 950.301(d).

* * * * *

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR

TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE

PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM

13. The authority citation for part 982 continues to read as

follows:

Authority: 42 U.S.C. 1437f and 3535(d).

14. In Sec. 982.207, paragraph (d) is revised, to read as follows:

[[Page 5667]]

Sec. 982.207 Waiting list: Use of preferences.

* * * * *

(d) Primary preference. An HA must give preference to an applicant

that is a one or two person elderly, disabled or displaced family over

an applicant that is a single person who is not elderly, disabled, or

displaced, regardless of the applicant's Federal or local preferences.

* * * * *

Dated: December 15, 1995.

Henry G. Cisneros,

Secretary.

[Note: The following appendix will not appear in the Code of Federal

Regulations.]

Appendix--Definitions and Other General Requirements for Assistance

Under the United States Housing Act of 1937

Section

1. Purpose.

2. Definitions

3. Eligibility; preferences; and unit size limitations.

1. Purpose.

The purpose of this guide is to present, in a single document, the

statutory and regulatory definitions and other general requirements

that apply to public and Indian housing and section 8 assistance under

the United States Housing Act of 1937 (the 1937 Act). Although it

presents the regulatory and statutory requirements in a combined

format, this guide is a secondary source for these requirements. The

Code of Federal Regulations (CFR), at 24 CFR, is the primary, governing

source for regulatory requirements, and the 1937 Act is the primary,

governing source for statutory requirements.

2. Definitions

The following definitions apply with respect to public housing and

Section 8 housing assistance under the 1937 Act:

Applicant means a person or a family that has applied for housing

assistance.

Disabled family means a family whose head, spouse, or sole member

is a person with disabilities; or two or more persons with disabilities

living together; or one or more persons with disabilities living with

one or more live-in aides.

Displaced family means a family in which each member, or whose sole

member, is a person displaced by governmental action, or a person whose

dwelling has been extensively damaged or destroyed as a result of a

disaster declared or otherwise formally recognized pursuant to Federal

disaster relief laws.

Displaced person means a person displaced by governmental action,

or a person whose dwelling has been extensively damaged or destroyed as

a result of a disaster declared or otherwise formally recognized

pursuant to Federal disaster relief laws.

Elderly family means a family whose head, spouse, or sole member is

a person who is at least 62 years of age; or two or more persons who

are at least 62 years of age living together; or one or more persons

who are at least 62 years of age living with one or more live-in aides.

Elderly person means a person who is at least 62 years of age.

Family includes but is not limited to:

(a) A family with or without children (the temporary absence of a

child from the home due to placement in foster care shall not be

considered in determining family composition and family size);

(b) An elderly family;

(c) A near-elderly family;

(d) A disabled family;

(e) A displaced family;

(f) The remaining member of a tenant family; and

(g) A single person who is not an elderly or displaced person, or a

person with disabilities, or the remaining member of a tenant family.

Live-in aide means a person who resides with one or more elderly

persons, or near-elderly persons, or persons with disabilities, and

who:

(a) Is determined to be essential to the care and well-being of the

persons;

(b) Is not obligated for the support of the persons; and

(c) Would not be living in the unit except to provide the necessary

supportive services.

Near-elderly family means a family whose head, spouse, or sole

member is a person who is at least 50 years of age but below the age of

62; or two or more persons, who are at least 50 years of age but below

the age of 62, living together; or one or more persons who are at least

50 years of age but below the age of 62 living with one or more live-in

aides.

Near-elderly person means a person who is at least 50 years of age

but below the age of 62.

Person with disabilities includes the term disabled person and

means a person who:

(a) Has a disability as defined in section 223 of the Social

Security Act;

(b) Has a physical, mental, or emotional impairment that:

(1) Is expected to be of long-continued and indefinite duration;

(2) Substantially impedes his or her ability to live independently;

and

(3) Is of such a nature that such ability could be improved by more

suitable housing conditions; or

(c) Has a developmental disability as defined in section 102 of the

Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.

6001(5)).

The term ``person with disabilities'' does not exclude persons who

have the disease of acquired immunodeficiency syndrome or any

conditions arising from the etiologic agent for acquired

immunodeficiency syndrome.

3. Basic eligibility; preference over single persons; and housing

assistance limitation for single persons.

(a) Basic eligibility. An applicant must meet all of the

eligibility requirements of the housing assistance for which an

application is made in order to obtain the housing assistance. At a

minimum, the applicant must be a family, and must be income-eligible.

Eligible applicants include single persons who are not elderly persons,

or displaced persons, or persons with disabilities.

(b) Preference over single persons. An applicant that is a one or

two person elderly, disabled or displaced family, must be given a

preference over an applicant that is a single person who is not an

elderly or displaced person, or a person with disabilities, regardless

of the applicant's Federal or local preferences.

(c) Housing assistance limitation for single persons. A single

person who is not an elderly or displaced person, or a person with

disabilities, or the remaining member of a tenant family may not be

provided:

(1) For public housing and other project-based assistance, a

housing unit with two or more bedrooms, or

(2) For tenant-based assistance, housing assistance for which the

family unit size exceeds the one bedroom level.

(d) This section shall not apply to the Section 8 Moderate

Rehabilitation Program for Single Room Occupancy Dwellings for Homeless

Individuals set forth at 24 CFR part 882, subpart H.

[FR Doc. 96-3101 Filed 2-12-96; 8:45 am]

BILLING CODE 4210-32-P