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42 U.S.C. 1437f and 3535(d).
59 FR 36682, July 18, 1994, unless otherwise noted.
63 FR 23865, Apr. 30, 1998, unless otherwise noted.
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Subscribe to: 24 CFR Part 982 Subpart M - Congregate Housing
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Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.
(a) An elderly person or a person with disabilities may reside in a congregate housing unit.
(b)
(1) If approved by the PHA, a family member or live-in aide may reside with the elderly person or person with disabilities.
(2) The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities in accordance with 24 CFR part 8. See § 982.316 concerning occupancy by a live-in aide.
For congregate housing, there is a separate lease and HAP contract for each assisted family.
(a) Unless there is a live-in aide:
(1) For a family residing in congregate housing, the payment standard is the zero-bedroom payment standard amount on the PHA payment standard schedule. For a family residing in congregate housing in an exception area, the payment standard is the HUD-approved zero-bedroom exception payment standard amount.
(2) However, if there are two or more rooms in the unit (not including kitchen or sanitary facilities), the payment standard for a family residing in congregate housing is the one-bedroom payment standard amount.
(b) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
[63 FR 23865, Apr. 30, 1998, as amended at 64 FR 26650, May 14, 1999]
(a) HQS standards for congregate housing. As defined in § 982.4, HQS refers to the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for housing assisted under the HCV program, including any variations approved by HUD for the PHA under 24 CFR 5.705(a)(3). However, the standards in this section apply in place of standards related to food preparation and refuse disposal. Congregate housing is not subject to the requirement that the dwelling unit must have a kitchen area.
(b) Food preparation and refuse disposal: Additional performance requirements. The following additional performance requirements apply to congregate housing:
(1) The unit must contain a refrigerator of appropriate size.
(2) There must be central kitchen and dining facilities on the premises. These facilities:
(i) Must be located within the premises, and accessible to the residents;
(ii) Must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner;
(iii) Must be used to provide a food service that is provided for the residents, and that is not provided by the residents; and
(iv) Must be for the primary use of residents of the congregate units and be sufficient in size to accommodate the residents.
(3) There must be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary.
[63 FR 23865, Apr. 30, 1998, as amended at 88 FR 30504, May 11, 2023; 89 FR 38303, May 7, 2024]