1、38 24 CFR Subtitle A (4111 Edition) 4.38 may be reported to the employees su-pervisor. 4.38 Administrative remedies. (a) If the Department receives or ob-tains information providing a reason-able basis to believe that a violation of Section 103 has occurred, the Depart-ment may impose a sanction, as
2、 deter-mined to be appropriate, upon an appli-cant for or a recipient of assistance who has received covered selection in-formation. (b) In determining whether a sanc-tion is appropriate and if so which sanction or sanctions should be sought, the Secretary shall give consideration to the applicants
3、conduct with respect to the violation. In so doing, the Sec-retary shall consider the factors listed at 4.36(d), as well as any history of prior violations in any HUD program, the benefits received or expected, de-terrence of future violations and the extent of any complicity in the viola-tion. (c)
4、The Secretary may impose a sanc-tion authorized by this section whether or not the Ethics Law Division refers a case under 24 CFR part 30, and whether or not a civil money penalty is im-posed. PART 5GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS Subpart AGenerally Applicable Defini-tions and Federal Requ
5、irements; Waiv-ers Sec. 5.100 Definitions. 5.105 Other Federal requirements. 5.107 Audit requirements for non-profit or-ganizations. 5.109 Equal Participation of Religious Orga-nizations in HUD Programs and Activi-ties. 5.110 Waivers. Subpart BDisclosure and Verification of Social Security Numbers a
6、nd Employer Identification Numbers; Procedures for Obtaining Income Information 5.210 Purpose, applicability, and Federal preemption. 5.212 Compliance with the Privacy Act and other requirements. 5.214 Definitions. DISCLOSURE AND VERIFICATION OF SOCIAL SE-CURITY NUMBERS AND EMPLOYER IDENTI-FICATION
7、NUMBERS FOR APPLICANTS AND PARTICIPANTS IN CERTAIN HUD PROGRAMS 5.216 Disclosure and verification of Social Security and Employer Identification Numbers. 5.218 Penalties for failing to disclose and verify Social Security and Employer Identification Numbers. PROCEDURES FOR OBTAINING INCOME INFORMA-TI
8、ON ABOUT APPLICANTS AND PARTICI-PANTS 5.230 Consent by assistance applicants and participants. 5.232 Penalties for failing to sign consent forms. 5.233 Mandated use of HUDs Enterprise In-come Verification (EIV) System. 5.234 Requests for information from SWICAs and Federal agencies; restric-tions on
9、 use. 5.236 Procedures for termination, denial, suspension, or reduction of assistance based on information obtained from a SWICA or Federal agency. 5.238 Criminal and civil penalties. 5.240 Family disclosure of income informa-tion to the responsible entity and verification. Subpart CPet Ownership f
10、or the Elderly or Persons With Disabilities GENERAL REQUIREMENTS 5.300 Purpose. 5.303 Exclusion for animals that assist, support, or provide service to persons with disabilities. 5.306 Definitions. 5.309 Prohibition against discrimination. 5.312 Notice to tenants. 5.315 Content of pet rules: General
11、 require-ments. 5.318 Discretionary pet rules. 5.321 Lease provisions. 5.324 Implementation of lease provisions. 5.327 Nuisance or threat to health or safety. PET OWNERSHIP REQUIREMENTS FOR HOUSING PROGRAMS 5.350 Mandatory pet rules for housing pro-grams. 5.353 Housing programs: Procedure for de-vel
12、opment of pet rules. 5.356 Housing programs: Pet rule violation procedures. 5.359 Housing programs: Rejection of units by applicants for tenancy. 5.360 Housing programs: Additional lease provisions. 5.363 Housing programs: Protection of the pet. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000
13、 Frm 00048 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-39 Office of the Secretary, HUD Pt. 5 PET OWNERSHIP REQUIREMENTS FOR PUBLIC HOUSING PROGRAMS 5.380 Public housing p
14、rograms: Procedure for development of pet rules. Subpart DDefinitions for Section 8 and Public Housing Assistance Under the United States Housing Act of 1937 5.400 Applicability. 5.403 Definitions. Subpart ERestrictions on Assistance to Noncitizens 5.500 Applicability. 5.502 Requirements concerning
15、documents. 5.504 Definitions. 5.506 General provisions. 5.508 Submission of evidence of citizenship or eligible immigration status. 5.510 Documents of eligible immigration status. 5.512 Verification of eligible immigration status. 5.514 Delay, denial, reduction or termi-nation of assistance. 5.516 A
16、vailability of preservation assistance to mixed families and other families. 5.518 Types of preservation assistance avail-able to mixed families and other fami-lies. 5.520 Proration of assistance. 5.522 Prohibition of assistance to noncitizen students. 5.524 Compliance with nondiscrimination require
17、ments. 5.526 Protection from liability for respon-sible entities and State and local govern-ment agencies and officials. 5.528 Liability of ineligible tenants for re-imbursement of benefits. Subpart FSection 8 and Public Housing, and Other HUD Assisted Housing Serv-ing Persons with Disabilities: Fam
18、ily In-come and Family Payment; Occu-pancy Requirements for Section 8 Project-Based Assistance 5.601 Purpose and applicability. 5.603 Definitions. FAMILY INCOME 5.609 Annual income. 5.611 Adjusted income. 5.612 Restrictions on assistance to students enrolled in an institution of higher edu-cation. 5
19、.613 Public housing program and Section 8 tenant-based assistance program: PHA cooperation with welfare agency. 5.615 Public housing program and Section 8 tenant-based assistance program: How welfare benefit reduction affects family income. 5.617 Self-sufficiency incentives for persons with disabili
20、tiesDisallowance of in-crease in annual income. FAMILY PAYMENT 5.628 Total tenant payment. 5.630 Minimum rent. 5.632 Utility reimbursements. 5.634 Tenant rent. SECTION 8 PROJECT-BASED ASSISTANCE: OCCUPANCY REQUIREMENTS 5.653 Section 8 project-based assistance pro-grams: AdmissionIncome-eligibility a
21、nd income-targeting. 5.655 Section 8 project-based assistance pro-grams: Owner preferences in selection for a project or unit. 5.657 Section 8 project-based assistance pro-grams: Reexamination of family income and composition. 5.659 Family information and verification. 5.661 Section 8 project-based
22、assistance pro-grams: Approval for police or other secu-rity personnel to live in project. Subpart GPhysical Condition Standards and Inspection Requirements 5.701 Applicability. 5.703 Physical condition standards for HUD housing that is decent, safe, sanitary and in good repair (DSS/GR). 5.705 Unifo
23、rm physical inspection require-ments. Subpart HUniform Financial Reporting Standards 5.801 Uniform financial reporting standards. Subpart IPreventing Crime in Federally Assisted HousingDenying Admission and Terminating Tenancy for Criminal Activity or Alcohol Abuse GENERAL 5.850 Which subsidized hou
24、sing is covered by this subpart? 5.851 What authority do I have to screen ap-plicants and evict tenants? 5.852 What discretion do I have in screening and eviction actions? 5.853 Definitions. DENYING ADMISSIONS 5.854 When must I prohibit admission of in-dividuals who have engaged in drug-re-lated cri
25、minal activity? 5.855 When am I specifically authorized to prohibit admission of individuals who have engaged in criminal activity? 5.856 When must I prohibit admission of sex offenders? 5.857 When must I prohibit admission of al-cohol abusers? VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000
26、Frm 00049 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-40 24 CFR Subtitle A (4111 Edition) 5.100 TERMINATING TENANCY 5.858 When authority do I have to evict drug criminals
27、? 5.859 When am I specifically authorized to evict other criminals? 5.860 When am I specifically authorized to evict alcohol abusers? 5.861 What evidence of criminal activity must I have to evict? Subpart JAccess to Criminal Records and Information 5.901 To what criminal records and searches does th
28、is subpart apply? 5.902 Definitions. 5.903 What special authority is there to ob-tain access to criminal records? 5.905 What special authority is there to ob-tain access to sex offender registration information? Subpart KApplication, Registration, and Submission Requirements 5.1001 Applicability. 5.
29、1003 Use of a universal identifier for orga-nizations applying for HUD grants. 5.1004 Central contractor registration. 5.1005 Electronic submission of applications for grants and other financial assistance. Subpart LProtection for Victims of Do-mestic Violence, Dating Violence, or Stalking in Public
30、 and Section 8 Hous-ing 5.2001 Applicability. 5.2003 Definitions. 5.2005 VAWA protections. 5.2007 Documenting the occurrence of do-mestic violence, dating violence, or stalking. 5.2009 Remedies available to victims of do-mestic violence, dating violence, or stalking in HUD-assisted housing. 5.2011 E
31、ffect on other laws. AUTHORITY: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109115, 119 Stat. 2936, and Sec. 607, Pub. L. 109162, 119 Stat. 3051. SOURCE: 61 FR 5202, Feb. 9, 1996, unless oth-erwise noted. EDITORIAL NOTE: Nomenclature changes to part 5 appear at 65 FR 1671
32、5, Mar. 29, 2000. Subpart AGenerally Applicable Definitions and Federal Re-quirements; Waivers 5.100 Definitions. The following definitions apply to this part and also in other regulations, as noted: 1937 Act means the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) ADA means the American
33、s with Dis-abilities Act of 1990 (42 U.S.C. 12101 et seq.). ALJ means 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. Covered person, for purposes of 24 CFR 5, subpart I, and parts 966 and 982, means a tenant, any member of the ten
34、ants household, a guest or another person under the tenants control. Department means the Department of Housing and Urban Development. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug-related criminal activity means the illegal manufa
35、cture, sale, distribu-tion, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Elderly Person means an individual who is at least 62 years of age. Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amend-ed by the Fair Housi
36、ng Amendments Act of 1988 (42 U.S.C. 3601 et seq.). Fair Market Rent (FMR) means the rent that would be required to be paid in the particular housing market area in order to obtain privately owned, de-cent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. This
37、Fair Market Rent includes utilities (except tele-phone). Separate Fair Market Rents will be established by HUD for dwelling units of varying sizes (number of bed-rooms) and will be published in the FEDERAL REGISTER in accordance with part 888 of this title. Federally assisted housing (for pur-poses
38、of subparts I and J of this part) means housing assisted under any of the following programs: (1) Public housing; (2) Housing receiving project-based or tenant-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f); (3) Housing that is assisted under sec-tion 202 of the H
39、ousing Act of 1959, as amended by section 801 of the National Affordable Housing Act (12 U.S.C. 1701q); VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or network
40、ing permitted without license from IHS-,-,-41 Office of the Secretary, HUD 5.100 (4) Housing that is assisted under sec-tion 202 of the Housing Act of 1959, as such section existed before the enact-ment of the National Affordable Hous-ing Act; (5) Housing that is assisted under sec-tion 811 of the N
41、ational Affordable Housing Act (42 U.S.C. 8013); (6) Housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3) that bears inter-est at a rate determined under the pro-viso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5); (7) Hou
42、sing insured, assisted, or held by HUD or by a State or local agency under section 236 of the National Hous-ing Act (12 U.S.C. 1715z1); or (8) Housing assisted by the Rural De-velopment Administration under sec-tion 514 or section 515 of the Housing Act of 1949 (42 U.S.C. 1483, 1484). General Counse
43、l means the General Counsel of HUD. Grantee means the person or legal en-tity 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 tempo-rarily staying in t
44、he unit with the con-sent 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 a guest as so de-fined. Household, for purposes of 24 CFR part 5, subpart I, and parts, 960, 966, 882, and
45、 982, means the family and PHA-ap-proved live-in aide. HUD means the same as Department. MSA means a metropolitan statis-tical area. NAHA means the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). NEPA means the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321).
46、 NOFA means Notice of Funding Availability. OMB means the Office of Manage-ment and Budget. Organizational Unit means the juris-dictional area of each Assistant Sec-retary, and each office head or field ad-ministrator reporting directly to the Secretary. Other person under the tenants con-trol, for
47、the purposes of the definition of covered person and for parts 5, 882, 966, and 982 means that the person, al-though not staying as a guest (as de-fined in this section) in the unit, is, or was at the time of the activity in ques-tion, on the premises (as premises is de-fined in this section) becaus
48、e of an in-vitation from the tenant or other mem-ber of the household who has express or implied authority to so consent on be-half 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 tenants
49、 control. Premises, for purposes of 24 CFR part 5, subpart I, and parts 960 and 966, means the building or complex or de-velopment in which the public or as-sisted housing dwelling unit is located, including common areas and grounds. Public housing means housing as-sisted under the 1937 Act, other than under Section 8. Public housing in-cludes dwelling units in a mixed fi-nance project that are assisted by a PHA with capital or operating assist-ance. Publ
