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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 - Group Home
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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 State-approved group home.
(b)
(1) If approved by the PHA, a live-in aide may reside with a 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.
(c) Except for a live-in aide, all residents of a group home, whether assisted or unassisted, must be elderly persons or persons with disabilities.
(d) Persons residing in a group home must not require continual medical or nursing care.
(e) Persons who are not assisted under the tenant-based program may reside in a group home.
(f) No more than 12 persons may reside in a group home. This limit covers all persons who reside in the unit, including assisted and unassisted residents and any live-in aide.
For assistance in a group home, there is a separate HAP contract and lease for each assisted person.
A group home must be licensed, certified, or otherwise approved in writing by the State (e.g., Department of Human Resources, Mental Health, Retardation, or Social Services) as a group home for elderly persons or persons with disabilities.
(a) Meaning of pro-rata portion. For a group home, the term “pro-rata portion” means the ratio derived by dividing the number of persons in the assisted household by the total number of residents (assisted and unassisted) residing in the group home. The number of persons in the assisted household equals one assisted person plus any PHA-approved live-in aide.
(b) Rent to owner: Reasonable rent limit.
(1) The rent to owner for an assisted person may not exceed the pro-rata portion of the reasonable rent for the group home.
(2) The reasonable rent for a group home is determined in accordance with § 982.507. In determining reasonable rent for the group home, the PHA must consider whether sanitary facilities, and facilities for food preparation and service, are common facilities or private facilities.
(c) Payment standard —
(1) Family unit size.
(i) Unless there is a live-in aide, the family unit size is zero or one bedroom.
(ii) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
(2) The payment standard for a person who resides in a group home is the lower of:
(i) The payment standard amount on the PHA payment standard schedule for the family unit size; or
(ii) The pro-rata portion of the payment standard amount on the PHA payment standard schedule for the group home size.
(iii) If there is a live-in aide, the live-in aide must be counted in determining the family unit size.
(d) Utility allowance. The utility allowance for each assisted person residing in a group home is the pro-rata portion of the utility allowance for the group home unit size.
[63 FR 23865, Apr. 30, 1998, as amended at 64 FR 26651, May 14, 1999]
(a) Compliance with HQS. The PHA may not give approval to reside in a group home unless the unit, including the portion of the unit available for use by the assisted person under the lease, meets HQS. 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).
(b) Applicable HQS standards.
(1) The standards in this section apply in place of standards in 24 CFR 5.703 that relate to sanitary facilities, food preparation and refuse disposal, space and security, structure and materials, and site and neighborhood.
(2) The entire unit must comply with the HQS.
(c) Additional performance requirements. The following additional performance requirements apply to a group home:
(1) Sanitary facilities.
(i) There must be a bathroom in the unit. The unit must contain, and an assisted resident must have ready access to:
(A) A flush toilet that can be used in privacy;
(B) A fixed basin with hot and cold running water; and
(C) A shower or bathtub with hot and cold running water.
(ii) All of these facilities must be in proper operating condition, and must be adequate for personal cleanliness and the disposal of human waste. The facilities must utilize an approvable public or private disposal system.
(iii) The unit may contain private or common sanitary facilities. However, the facilities must be sufficient in number so that they need not be shared by more than four residents of the group home.
(iv) Sanitary facilities in the group home must be readily accessible to and usable by residents, including persons with disabilities.
(2) Food preparation and service.
(i) The unit must contain a kitchen and a dining area. There must be adequate space to store, prepare, and serve foods in a sanitary manner.
(ii) Food preparation and service equipment must be in proper operating condition. The equipment must be adequate for the number of residents in the group home. The unit must contain the following equipment:
(A) A stove or range, and oven;
(B) A refrigerator; and
(C) A kitchen sink with hot and cold running water. The sink must drain into an approvable public or private disposal system.
(iii) There must be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary.
(iv) The unit may contain private or common facilities for food preparation and service.
(3) Space and security.
(i) The unit must provide adequate space and security for the assisted person.
(ii) The unit must contain a living room, kitchen, dining area, bathroom, and other appropriate social, recreational or community space. The unit must contain at least one bedroom of appropriate size for each two persons.
(iii) Doors and windows that are accessible from outside the unit must be lockable.
(4) Structure and material.
(i) The unit must be structurally sound to avoid any threat to the health and safety of the residents, and to protect the residents from the environment.
(ii) Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other significant damage. The roof structure must be firm, and the roof must be weathertight. The exterior or wall structure and exterior wall surface may not have any serious defects such as serious leaning, buckling, sagging, cracks or large holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., must not present a danger of tripping or falling. Elevators must be maintained in safe operating condition.
(iii) The group home must be accessible to and usable by a resident with disabilities.
(5) Site and neighborhood. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the residents. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mud slides, abnormal air pollution, smoke or dust, excessive noise, vibrations or vehicular traffic, excessive accumulations of trash, vermin or rodent infestation, or fire hazards. The unit must be located in a residential setting.
[63 FR 23865, Apr. 30, 1998, as amended at 88 FR 30504, May 11, 2023; 89 FR 38303, May 7, 2024]