§ 5.504 Definitions.

(a) The definitions

1937 Act, HUD, Public Housing Agency (PHA),

and

Section 8

are defined in subpart A of this part.

(b) As used in this subpart E:

Child

means a member of the family other than the family head or spouse who is under 18 years of age.

Citizen

means a citizen or national of the United States.

Evidence of citizenship or eligible status

means the documents which must be submitted to evidence citizenship or eligible immigration status. (See § 5.508(b).)

Family

has the same meaning as provided in the program regulations of the relevant Section 214 covered program.

Head of household

means the adult member of the family who is the head of the household for purposes of determining income eligibility and rent.

Housing covered programs

means the following programs administered by the Assistant Secretary for Housing:

(1) Section 235 of the National Housing Act (12 U.S.C. 1715z) (the Section 235 Program);

(2) Section 236 of the National Housing Act (12 U.S.C. 1715z-1) (tenants paying below market rent only) (the Section 236 Program); and

(3) Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) (the Rent Supplement Program).

INS

means the U.S. Immigration and Naturalization Service.

Mixed family

means a family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.

National

means 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

means a person who is neither a citizen nor national of the United States.

Project owner

means the person or entity that owns the housing project containing the assisted dwelling unit.

Public Housing covered programs

means the public housing programs administered by the Assistant Secretary for Public and Indian Housing under title I of the 1937 Act. This definition does not encompass HUD's Indian Housing programs administered under title II of the 1937 Act

United States.

Project owner

means the person or entity that owns the housing project containing the assisted dwelling unit.

Public Housing covered programs

means the public housing programs administered by the Assistant Secretary for Public and Indian Housing under title I of the 1937 Act. This definition does not encompass HUD's Indian Housing programs administered under title II of the 1937 Act. Further, this term does not include those programs providing assistance under section 8 of the 1937 Act. (See definition of “Section 8 Covered Programs” in this section.)

Responsible entity

means the person or entity responsible for administering the restrictions on providing assistance to noncitizens with ineligible immigrations status. The entity responsible for administering the restrictions on providing assistance to noncitizens with ineligible immigration status under the various covered programs is as follows:

(1) For the Section 235 Program, the mortgagee.

(2) For Public Housing, the Section 8 tenant-based assistance, the Section 8 project-based voucher, and the Section 8 Moderate Rehabilitation programs, the PHA administering the program under an ACC with HUD.

(3) For all other Section 8 programs, the Section 236 Program, and the Rent Supplement Program, the owner.

Section 8 covered programs

means all HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8-assisted housing for which loans are made under section 202 of the Housing Act of 1959.

Section 214

means section 214 of the Housing and Community Development Act of 1980, as amended (42 U.S.C. 1436a).

Section 214 covered programs

is the collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in § 5.500.

Tenant

means an individual or a family renting or occupying an assisted dwelling unit. For purposes of this subpart E, the term tenant will also be used to include a homebuyer, where appropriate.

[61 FR 5202, Feb

42 U.S.C. 1436a).

Section 214 covered programs

is the collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in § 5.500.

Tenant

means an individual or a family renting or occupying an assisted dwelling unit. For purposes of this subpart E, the term tenant will also be used to include a homebuyer, where appropriate.

[61 FR 5202, Feb. 9, 1996, as amended at 89 FR 38289, May 7, 2024; 90 FR 56687, Dec. 8, 2025]