§ 4-76Definitions.
1937 ACT — The United States Housing Act of 1937 (42 U.S.C. § 1437 et seq.).
- ADA
- The Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.).
- ADJUSTED INCOME
- The income upon which rent is based; annual income less certain deductions and exemptions.
- ALJ
- An administrative law judge appointed to HUD pursuant to 5 U.S.C. § 3105 or detailed to HUD pursuant to 5 U.S.C. § 3344.
- ANNUAL CONTRIBUTIONS CONTRACT
- The written contract between HUD and the WHA under which HUD agrees to provide funding for a program under the 1937 Act and the WHA agrees to comply with HUD requirements for the program.
- ANNUAL INCOME
- The anticipated total income from all sources, including net income derived from assets and/or received by the family head, spouse (even if temporarily absent), and each additional family member; includes all net income from assets for the twelve-month period following the effective date of initial determination or reexamination of income; and excludes income that is temporary, nonrecurring, sporadic, or is specifically excluded from income by other federal statute.
- A.
All amounts, monetary or not, which:
- (1)
Go to or on behalf of the family head or spouse (even if temporarily absent) or to any other family member; or
- (2)
Are anticipated to be received from a source outside the family during the twelve-month period following admission or annual reexamination effective date; and
- (3)
Are not specifically excluded in Subsection C of this definition.
- (4)
Annual income also means amounts derived (during the twelve-month period) from assets to which any member of the family has access.
- (1)
- B.
Annual income includes, but is not limited to:
- (1)
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services.
- (2)
The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness are not used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations and verified with the most recent IRS 1040 Schedule C or equivalent. Any withdrawal of cash or assets from the operation of a business or profession is included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.
- (3)
Interest, dividends, and other net income of any kind from real or personal property. Expenditures for authorization of capital indebtedness are not used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in Subsection B(2) of this definition. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income includes the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD.
- (4)
The full amount of periodic amounts received from social security, annuities, insurance polices, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount [except as provided in Subsection C(14) of this definition].
- (5)
Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay [except as provided in Subsection C(3) of this definition].
- (6)
Welfare assistance payments made under the TANF:
- (a)
Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) Program are included in annual income only to the extent such payments:
- (b)
If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of:
- [1]
The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
- [2]
The maximum amount that the welfare assistance agency could in fact allow the family shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage.
- [1]
- (a)
- (7)
Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling.
- (8)
All regular pay, special pay and allowances of a member of the Armed Forces [except as provided in Subsection C(7) of this definition].
- (1)
- C.
Annual income does not include the following:
- (1)
Income from employment of children (including foster children) under the age of 18 years.
- (2)
Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone).
- (3)
Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses [except as provided in Subsection B(5) of this section].
- (4)
Amounts received by the family that are specifically for or in reimbursement of the cost of medical expenses for any family member.
- (5)
Income of a live-in aide, as defined in this section.
- (6)
The full amount of student financial assistance paid directly to the student or to the educational institution.
- (7)
The special pay to a family member serving in the armed forces who is exposed to hostile fire.
- (8)
Training program stipends:
- (a)
Amounts received under training programs funded by HUD.
- (b)
Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program.
- (c)
Amounts received under a resident services stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the WHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the WHA's governing board. No resident may receive more than one such stipend during the same period of time.
- (d)
Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program.
- (a)
- (9)
Temporary, nonrecurring or sporadic income (including gifts).
- (10)
Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era.
- (11)
Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse).
- (12)
Adoption assistance payments in excess of $480 per adopted child.
- (13)
Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump-sum amount or in prospective monthly amounts.
- (14)
Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit.
- (15)
Amounts paid by a state agency to a family with a member who has developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home.
- (16)
Amounts specifically excluded by any other federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary.
- (1)
- D.
Annualization of income. If it is not feasible to anticipate a level of income over a twelve-month period (e.g., seasonal or cyclic income) or the WHA believes that past income is the best available indicator of expected future income, the WHA may annualize the income anticipated for a shorter period, subject to a reexamination at the end of the shorter period.
- APPLICANT
- A person or a family that has applied for housing assistance.
- A.
Include:
- (1)
Amounts in savings and checking accounts.
- (2)
Stocks, bonds, savings certifications, money market funds, and other investment accounts.
- (3)
Equity in real property or other capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker fees) that would be incurred when selling the asset.
- (4)
The cash value of trusts that are available to the household. Irrevocable trusts are not included.
- (5)
IRA, Keough, and similar retirement savings accounts, even though withdrawal would result in a penalty.
- (6)
Contributions to company retirement/pension funds.
- (7)
Assets which, although owned by more than one person, allow unrestricted access by the applicant.
- (8)
Lump-sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements, and other claims.
- (9)
Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, etc.
- (10)
Cash value of life insurance policies.
- (11)
Assets disposed of for less than fair market value during the two years preceding examination or reexamination, accounting for the difference between the market value and actual payment received.
- (1)
- B.
Assets do not include:
- (1)
Personal property, such as furniture and automobiles, interest in Indian trust lands, assets not accessible by the family, and assets that are a part of an active business or farm operation.
- (2)
The cost incurred in disposing of an asset.
- (3)
The value of the cooperative unit or manufactured home in which the family resides.
- (1)
- ASSISTANCE APPLICANT
- Except as excluded pursuant to 42 U.S.C. §§ 3543(b) and 3544(a)(2), this term means the following:
- A.
For any program under 24 CFR Part 215, 221, 236, 290 or 891, or any program under Section 8 of the 1937 Act: A family or individual that seeks rental assistance under the program.
- B.
For the public housing program: A family or individual that seeks admission to the program.
- C.
For any program under 24 CFR Part 235: A homeowner or cooperative member seeking homeownership assistance (including where the individual seeks to assume an existing mortgage).
- CHILD
- A member of the family other than the head or spouse who is under 18 years of age.
- CITIZEN
- A citizen or national of the United States.
- COMMON HOUSEHOLD PET
- A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes. "Common household pet" does not include reptiles (except turtles). If this definition conflicts with any applicable state or local law or regulation defining the pets that may be owned or kept in dwelling accommodations, the state or local law or regulation shall apply. This definition shall not include animals that are used to assist persons with disabilities.
- COMPUTER MATCH
- The automated comparison of data bases containing records about individuals.
- COMPUTER-MATCHING AGREEMENT
- The agreement that describes the responsibilities and obligations of the parties participating in a computer match.
- CONSENT FORM
- Any consent form approved by HUD to be signed by assistance applicants and participants for the purpose of obtaining income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and payments of retirement income), as referenced at 26 U.S.C. § 6103(I)(7)(A); and return information for unearned income from the Internal Revenue Service, as referenced at 26 U.S.C. § 6103(I)(7)(B). The consent forms expire after a certain time and may authorize the collection of other information from assistance applicants or participants to determine eligibility or level of benefits as provided in §§ 813.109, 913.109, and 950.315 of this title.
- COSTS USED TO DETERMINE FAIR MARKET VALUE OF ASSETS
- The following items will be allowed as deductions from the appraised/market value to determine fair market value:
- A. — The appraised value minus the cost of disposition including brokerage fees, points, appraisals, surveys and balance owed.
- B. — The actual cash in savings or checking accounts.
- C. — The actual value minus any penalties for early withdrawal or brokerage fees.
- D. — The actual value minus any fees associated with the sale.
- E.
IRA OR OTHER RETIREMENT ACCOUNTS— The actual value minus the early withdrawal fees and the penalties garnished by the IRS for early withdrawal.
- F. — To be determined at the time of disclosure and normal fees for disposition.
- COVERED PERSON
- For purposes of 24 CFR 5, subpart I and Parts 966 and 982, means a tenant, any member of tenant's household, a guest or another person under the tenant's control.
- CURRENTLY ENGAGING IN
- With respect to behavior such as illegal use of a drug, other drug-related criminal activity, or other criminal activity, currently engaging in means that the individual has engaged in the behavior recently enough to justify a reasonable belief that the individual's behavior is current.
- DEPARTMENT
- The Department of Housing and Urban Development (HUD).
- DEPENDENT
- A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student.
- DISABILITY ASSISTANCE EXPENSES
- Reasonable expenses that are anticipated during the period for which annual income is computed for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.
- DISABLED FAMILY
- A family whose head, spouse or sole member is a person displaced by government 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.
- DRUG
- A controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. § 802).
- DRUG-RELATED ACTIVITY
- The illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
- DRUG-RELATED CRIMINAL ACTIVITY
- The illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute or use the drug.
- ECONOMIC SELF-SUFFICIENCY PROGRAM
- Any program designed to encourage, assist, train or facilitate the economic independence of HUD-assisted families or to provide work for such families. These programs include programs for job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, and any program necessary to ready a participant for work (including a substance abuse or mental health treatment program) or other work activities.
- A.
A person with a disability or an elderly or disabled family for purposes of the program under which a project for the elderly or persons with disabilities is assisted.
- B.
An elderly person, a person with a disability, or an elderly or disabled family, as defined in § 5.403 in subpart A of 24 CFR.
- ELDERLY FAMILY
- A family whose head, spouse, or sole member is a person who is at least 62 years of age. It may include 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
- An individual who is at least 62 years of age.
- EMPLOYER IDENTIFICATION NUMBER (EIN)
- The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation pursuant to § 6011(b), or corresponding provision of prior law, or 6109 of the Internal Revenue Code.
- A.
Except as excluded pursuant to 42 U.S.C. §§ 3543(b), 3544(a)(2), and Subsection B of this definition, this term means a partnership, corporation, or any other association or entity, other than an individual owner-applicant, that seeks to participate as a private owner in any of the following:
- B.
The term does not include a public entity, such as a PHA, IHA, or state housing finance agency.
- EVIDENCE OF CITIZENSHIP OR ELIGIBLE STATUS
- The documents which must be submitted to evidence citizenship or eligible immigration status.
- EXTREMELY LOW-INCOME FAMILY
- A family whose annual income does not exceed 30% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30% of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes.
- FAIR HOUSING ACT
- Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601).
- FAIR MARKET RENT (FMR)
- The rent that would be required to be paid in the particular housing market area in order to obtain privately owned, decent, safe and sanitary rental housing of modest (nonluxury) nature with suitable amenities. This FMR includes utilities (except telephone). Separate FMRs will be established by HUD for dwelling units of varying sizes (number of bedrooms) and will be published in the Federal Register in accordance with Part 888 of this title.
- FAMILY
- A person or group of people related by blood, marriage, adoption, affinity, or operation of law that live together in a family relationship. The term 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 size.
- B.
An elderly family. A family whose head, spouse, or sole member is a person at least 62 years of age. It may include 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.
- C.
A near-elderly family. 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.
- D.
A disabled family. A family whose head, spouse, or sole member is a person with disabilities. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides.
- E.
A displaced family. 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.
- F.
The remaining member of a tenant family.
- 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.
- H.
Foster children may be considered part of a family unit for admission to or continued occupancy of public housing, provided that, upon application for admission to public housing or upon application by a resident for a larger unit, the foster parent(s) seeking housing has been granted a license by the Department of Children, Youth, and Families permitting that person to act as a child-care provider/foster parent, pursuant to R.I.G.L. § 42-72.1-4.
- FEDERAL AGENCY
- A department of the executive branch of the federal government.
- FEDERALLY ASSISTED HOUSING
- Housing assisted under any of the following programs:
- A.
Public housing.
- B.
Housing receiving project-based or tenant-based assistance under Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f).
- C.
Housing that is assisted under § 202 of the Housing Act of 1959, as amended by § 801 of the National Affordable Housing Act (12 U.S.C. § 1701q).
- D.
Housing that is assisted under § 202 of the Housing Act of 1959, as such section existed before the enactment of the National Affordable Housing Act.
- E.
Housing that is assisted under § 811 of the National Affordable Housing Act (42 U.S.C. § 8013).
- F.
Housing financed by a loan or mortgage insured under § 221(d)(3) of the National Housing Act [12 U.S.C. § 1715l(d)(3)] that bears interest at a rate determined under proviso of § 221(d)(5) of such Act [12 U.S.C. § 1715l(d)(5)].
- G.
Housing insured, assisted, or held by HUD or by a state or local agency under § 236 of the National Housing Act of 1949 (42 U.S.C. § 1715z-1).
- H.
Housing assisted by the Rural Development Administration under § 514 or 515 of the Housing Act of 1949 (42 U.S.C. §§ 1483, 1484).
- FRAUD
- The intentional false representation or concealment of a material fact for the purpose of inducing another to act on it to his or her injury. Applicants/tenants commit fraud by submitting false statements which enable them to receive overpayments of subsidies or to receive subsidies to which they are not eligible.
- FULL-TIME STUDENT STATUS
- A student attending a fully accredited educational institution or training institution. Verification will be required in the form of a letter on the institutional letterhead signed in original ink, stating student status.
- GENERAL COUNSEL
- The General Counsel of HUD.
- GIFTS
- Money or contributions received infrequently, such as on birthdays or Christmas, in small amounts not to exceed $200.
- GRANTEE
- The person or legal entity to which a grant is awarded and that is accountable for the use of the funds provided.
- GUEST
- Only for purposes of 24 CFR Part 5, subparts A and I, and Parts 882, 960, 966 and 982, means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. The requirements of Parts 966 and 982 apply to guest as so defined.
- HEAD OF HOUSEHOLD
- The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.
- HOUSEHOLD
- For purposes of 24 CFR Part 5 subpart I, and Parts 960, 966, 882 and 982, means the family and the WHA-approved live-in aide.
- HOUSING COVERED PROGRAMS
- The following programs administered by the Assistant Secretary for Housing:
- A.
Section 235 of the National Housing Act (12 U.S.C. § 1715z) (the Section 235 Program).
- B.
Section 236 of the National Housing Act (12 U.S.C. § 1715z-1) (tenants paying below-market rent only) (the Section 236 Program).
- C.
Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. § 1701s) (the Rent Supplement Program).
- HUD
- The Department of Housing and Urban Development.
- HUD-FUNDED TRAINING PROGRAM
- Any training program funded by the HUD.
- INCOME CALCULATION METHODOLOGY
- For purposes of calculating income:
- A.
Monthly: received once every 12 months.
- B.
Semimonthly: received twice a month on the first and 15th or the 15th and 30th.
- C.
Biweekly: received every two weeks or 26 times a year.
- D.
Quarterly: received four times a year, once every quarter.
- E.
Semiannually: received twice a year (usually every six months).
- F.
Annually: received every 12 months.
- INDIVIDUAL OWNER APPLICANT
- Except as excluded pursuant to 42 U.S.C. § 3543(b), 3544(a)(2), or Subsection B of this definition, this term means:
- INCOME INFORMATION
- Information relating to an individual's income, including:
- A.
All employment income information known to current or previous employers or other income sources that HUD or the processing entity determines is necessary for purposes of determining an assistance applicant's or participant's eligibility for, or level of assistance in, a covered program.
- B.
All information about wages, as defined in the state's unemployment compensation law, including social security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, employer identification number of an employer reporting wages under a state unemployment compensation law.
- C.
With respect to unemployment compensation:
- D.
Unearned IRS income and self-employment, wages and retirement income, as described in the Internal Revenue Code, 26 U.S.C. § 6103(I)(7).
- E.
Wage, social security (Title II), and supplemental security income (Title XVI) data obtained from the Social Security Administration.
- INS
- The U.S. Immigration and Naturalization Service.
- IRS
- The Internal Revenue Service.
- JOINT CHECKING OR SAVINGS ACCOUNTS
- If the applicant/tenant owns a savings or checking account with another person who does not reside with them, those assets will be verified and all income attributed to the applicant/tenant.
- A.
A person who resides with an elderly person or a person with a disability who:
- B.
Relatives are not automatically excluded, but must meet the requirements above to qualify.
- C.
HUD allows a live-in aide's family members to reside in the unit, provided doing so does not increase the subsidy by the cost of an additional bedroom or overcrowd the unit.
- D.
The income of this person would be excluded.
- LOW-INCOME FAMILY
- A family whose annual income does not exceed 80% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80% of the median income for the area on the basis of HUD's findings that such variations are necessary because of unusually high or low family incomes.
- MSA
- A metropolitan statistical area.
- MEDICAL EXPENSES
- Medical expenses, including medical insurance premiums, which are anticipated during the period for which annual income is computed, and that are not covered by insurance.
- MIXED FAMILY
- A family whose members include those with citizenship or eligible immigration status and those without citizenship or eligible immigration status.
- MONETARY OR NOT
- As it relates to income, amounts or goods received by or for any household member by a person not listed as a household member or an institution. For example a boyfriend who contributes diapers and formula each month, those items would be a nonmonetary contribution and the value of such will be counted as income.
- NAHA
- The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. § 12701).
- NATIONAL
- A person who owes permanent allegiance to the United States (e.g., as a result of birth in a United States territory or possession).
- NEAR-ELDERLY PERSON
- A person who is at least 50 years of age but below the age of 62.
- NEPA
- The National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
- NOFA
- Notice of funding availability.
- NONCITIZEN
- A person who is neither a citizen nor national of the United States.
- NONREOCCURRING EMPLOYMENT
- Income received from employment for a short period (not to exceed six months) that is designed to be neither permanent nor reoccurring (for example a job working in a campaign office for a local, state or federal election).
- OMB
- The Office of Management and Budget.
- ORGANIZATIONAL UNIT
- The jurisdictional area of each Assistant Secretary and each office head or field administrator reporting directly to the Secretary.
- OTHER PERSON UNDER THE TENANT'S CONTROL
- For purposes of the definition of "covered person" and for Parts 5, 882, 966, and 982 (of Title 24) means that the person, although not staying as a guest in the unit, is or was at the time of the activity in question on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant's control.
- OWNER
- The person or entity (or employee of an owner) that leaves an assisted dwelling unit to an eligible family and includes, when applicable, a mortgagee.
- PARTICIPANT
- Except as excluded pursuant to 42 U.S.C. §§ 3543(b) and 3544(a)(2), this term has the following meaning:
- A.
For any program under 24 CFR Part 891 or Section 8 of the 1937 Act: A family receiving rental assistance under the program.
- B.
For the public housing program: A family or individual that is assisted under the program.
- C.
For 24 CFR Parts 215, 221, 236 and 290: A tenant or qualified tenant under any of the programs.
- D.
For 24 CFR Part 235: A homeowner or a cooperative member receiving homeownership assistance.
- PASSBOOK SAVINGS RATE
- The rate set by HUD to be used to compute imputed asset income. The WHA passbook savings rate is 1%.
- A.
A person who has a disability, as defined in 42 U.S.C. § 423; has a developmental disability as defined in 42 U.S.C. § 6001; or is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that is expected to be of a long-continued and indefinite duration, substantially impedes his or her ability to live independently and is of such a nature that the ability to live independently could be improved by more suitable housing conditions;
- B.
Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome; and
- C.
For purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence.
- PREMISES
- For purposes of 24 CFR Part 5, subpart I, and Parts 960 and 966, means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds.
- PREVIOUSLY UNEMPLOYED
- A tenant who was not working for a period of at least three months or longer.
- A.
For purposes of housing programs:
- (1)
A specific rental or cooperative multifamily property that, unless currently owned by HUD, is a subject to a first mortgage, and:
- (a)
Is assisted under statutory authority identified by HUD through notice;
- (b)
Was designated for occupancy by elderly or disabled families when funds for the project were reserved or when the commitment to insure the mortgage was issued or, if not so designated, is designated for such occupancy in an effective amendment to the regulatory agreement covering the project, made pursuant to the project owner's request, and is assisted or insured under one of the programs identified by HUD through notice; or
- (c)
For which preference in tenant selection is given for all units in the project to elderly or disabled families and that is owned by HUD or assisted under one of the programs identified by HUD through notice.
- (a)
- (2)
This term does not include health and care facilities that have mortgage insurance under the National Housing Act. This term also does not include any of the project owner's property that does not meet the criteria contained in any one of the paragraphs in Subsection A(1)(a) through (c) of this definition, even if the property is adjacent to or under joint or common management with such specific property.
- (1)
- B.
Any project assisted under Title I of the United States Housing Act of 1937 (other than under Section 8 or 17 of the Act), including any building within a mixed-use project, that was designated for occupancy by the elderly or persons with disabilities at its inception or, although not so designated, for which the WHA gives preference in tenant selection (with HUD approval) for all units in the project (or for a building within a mixed-use project) to elderly or disabled families. For purposes of this part, this term does not include projects assisted through the Low-Rent Housing Homeownership Opportunity Program or under Title II of the United States Housing Act of 1937.
- PUBLIC HOUSING
- Housing assisted under the 1937 Act, other than under Section 8 "public housing" includes dwelling units in a mixed finance project that are assisted by a PHA with capital or operating assistance.
- PUBLIC HOUSING AGENCY
- Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities which is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.
- PUBLIC HOUSING COVERED PROGRAMS
- 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.)
- PROCESSING ENTITY
- The person or entity that, under any of the programs covered under this subpart B, is responsible for making eligibility and related determinations and income reexamination. (In the Section 8 and public housing programs, the "processing entity" is the "responsible entity," as defined in § 5.100 of Title 24.)
- PROJECT OWNER
- An owner (including HUD, where HUD is the owner) or manager of a project for the elderly or persons with disabilities, or an agent authorized to act for an owner or manager of such housing.
- A.
For the Section 235 Program: the mortgagee.
- B.
For the public housing program, the Section 8 tenant-based assistance program (Part 982 of this title), and the Section 8 project-based certificate or voucher programs (Part 983 of this title), and the Section 8 moderate rehabilitation program (Part 882 of this title), "responsible entity" means the PHA administering the program under an ACC with HUD.
- C.
For all other Section 8 programs, "responsible entity" means the Section 8 project owner.
- SEASONAL EMPLOYMENT
- Employment that is only a certain time of year such as tax time or the Christmas holidays and lasts for a very short duration (not to exceed two months). In order for this type of income to be excluded this must be the only type of employment the tenant has during the year. If they are employed seasonally in other jobs, then all income from all seasonal employment will be counted and adjusted accordingly with interim reexaminations or annualized if a history can be established.
- SECRETARY
- Means the Secretary of Housing and Urban Development.
- SECTION 214
- Section 214 of the Housing and Community Development Act of 1980, as amended (42 U.S.C. § 1436a).
- SECTION 214 COVERED PROGRAMS
- The collective term for the HUD programs to which the restrictions imposed by Section 214 of the Housing and Community Development Act of 1980, as amended, apply. These programs are set forth in § 5.500 of Title 24.
- SECTION 8
- Section 8 of the United States Housing Act of 1937 (42 U.S.C. § 1437f).
- SECTION 8 COVERED PROGRAMS
- All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing, for which loans are made under § 202 of the Housing Act of 1959.
- SOCIAL SECURITY NUMBER (SSN)
- The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person's earning reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.
- SPORADIC EMPLOYMENT
- Income received from odd jobs that is unverifiable and unreliable, generally occurs not more than one or twice a year and for very short periods of time, not to exceed two weeks.
- SSA
- The Social Security Administration.
- STATE WAGE INFORMATION COLLECTION AGENCY (SWICA)
- The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.
- TEMPORARILY ABSENT
- A member of the household who is not residing in the household for a temporary period of time but who expects to return to the household after a period of absence. Causes for such absence from the household are temporary job assignments, being called to active military duty, and/or hospitalization.
- TEMPORARY EMPLOYMENT
- Employment that is not expected to be permanent or reoccurring such as that of a temporary census worker who does not work more than six weeks.
- TENANT
- An individual or a family renting or occupying an assisted dwelling unit.
- TRUSTS
- Income received from trusts will be counted as income. If there is more than one trustee receiving income from a trust, the tenant's pro-rata share will only be counted as per the trust agreement.
- URA
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4201 through 4655).
- UTILITY ALLOWANCE
- If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by the WHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.
- UTILITY REIMBURSEMENT
- The amount, if any, by which the utility allowance for a unit, if applicable, exceeds the total tenant payment (TTP) for the family occupying the unit. (This definition is not used in the Section 8 voucher program, or for a public housing family that is paying a flat rent.)
- VERY-LOW-INCOME FAMILY
- A family whose annual income does not exceed 50% of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 50% of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes.
- VIOLENT CRIMINAL ACTIVITY
- Any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
