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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 - Shared 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) Sharing a unit. An assisted family may reside in shared housing. In shared housing, an assisted family shares a unit with the other resident or residents of the unit. The unit may be a house or an apartment.
(b) Who may share a dwelling unit with assisted family?
(1) If approved by the PHA, a live-in aide may reside with the family to care for a person with disabilities. 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.
(2) Other persons who are assisted under the tenant-based program, or other persons who are not assisted under the tenant-based program, may reside in a shared housing unit.
(3) The owner of a shared housing unit may reside in the unit. A resident owner may enter into a HAP contract with the PHA. However, housing assistance may not be paid on behalf of an owner. An assisted person may not be related by blood or marriage to a resident owner.
[63 FR 23865, Apr. 30, 1998, as amended at 80 FR 8247, Feb. 17, 2015]
For assistance in a shared housing unit, there is a separate HAP contract and lease for each assisted family.
(a) Meaning of pro-rata portion. For shared housing, the term “pro-rata portion” means the ratio derived by dividing the number of bedrooms in the private space available for occupancy by a family by the total number of bedrooms in the unit. For example, for a family entitled to occupy three bedrooms in a five bedroom unit, the ratio would be 3/5.
(b) Rent to owner: Reasonable rent.
(1) The rent to owner for the family may not exceed the pro-rata portion of the reasonable rent for the shared housing dwelling unit.
(2) The reasonable rent is determined in accordance with § 982.507.
(c) Payment standard. The payment standard for a family that resides in a shared housing is the lower of:
(1) The payment standard amount on the PHA payment standard schedule for the family unit size; or
(2) The pro-rata portion of the payment standard amount on the PHA payment standard schedule for the size of the shared housing unit.
(d) Utility allowance. The utility allowance for an assisted family residing in shared housing is the pro-rata portion of the utility allowance for the shared housing unit.
[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 shared housing unless the entire unit, including the portion of the unit available for use by the assisted family under its lease, meets HQS.
(b) Applicable HQS standards. 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 HQS standards in this section apply in place of standards related to space and security in 24 CFR 5.703.
(c) Facilities available for family. The facilities available for the use of an assisted family in shared housing under the family's lease must include (whether in the family's private space or in the common space) a living room, sanitary facilities in accordance with the standards set in 24 CFR 5.703, and food preparation and refuse disposal facilities in accordance with 24 CFR 5.703.
(d) Space and security: Performance requirements.
(1) The entire unit must provide adequate space and security for all its residents (whether assisted or unassisted).
(2)
(i) Each unit must contain private space for each assisted family, plus common space for shared use by the residents of the unit. Common space must be appropriate for shared use by the residents.
(ii) The private space for each assisted family must contain at least one bedroom for each two persons in the family. The number of bedrooms in the private space of an assisted family may not be less than the family unit size.
(iii) A zero or one bedroom unit may not be used for shared housing.
[63 FR 23865, Apr. 30, 1998, as amended at 88 FR 30504, May 11, 2023; 89 FR 38303, May 7, 2024]