24 C.F.R. § 5.403

Definitions

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Annual contributions contract (ACC) means the written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.

Applicant means a person or a family that has applied for housing assistance.

Disabled family means a family whose head (including co-head), spouse, or sole member is a person with a disability. 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.

Displaced family means 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

Elderly family means a family whose head (including co-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.

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be:

(i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person;

(ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);

(ii) An elderly family;

(iii) A near-elderly family;

(iv) A disabled family;

(v) A displaced family; and

(vi) The remaining member of a tenant family.

Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

(1) Is determined to be essential to the care and well-being of the persons;

(2) Is not obligated for the support of the persons; and

(3) Would not be living in the unit except to provide the necessary supportive services.

Near-elderly family means a family whose head (including co-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.

Person with disabilities:

(1) Means a person who:

(i) Has a disability, as defined in 42 U.S.C. 423;

(ii) Is determined, pursuant to HUD regulations, to have a physical, mental, or emotional impairment that:

(A) Is expected to be of long-continued and indefinite duration;

(B) Substantially impedes his or her ability to live independently, and

(iii) Has a developmental disability as defined in 42 U.S.C. 6001.

(2) Does not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome;

(3) For purposes of qualifying for low-income housing, does not include a person whose disability is based solely on any drug or alcohol dependence; and

(4) Means “individual with handicaps”, as defined in § 8.3 of this title, for purposes of reasonable accommodation and program accessibility for persons with disabilities.

[61 FR 5665, Feb. 13, 1996, as amended at 63 FR 23853, Apr. 30, 1998; 65 FR 16715, Mar. 29, 2000; 77 FR 5674, Feb. 3, 2012; 88 FR 9655, Feb. 14, 2023]

Notes of Decisions

Cited in 22 cases (7 in the last 5 years), 1998–2026 · leading case: Williams v. Williams, 13 Misc. 3d 395 (N.Y. City Civ. Ct. 2006).

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Williams v. Williams, 13 Misc. 3d 395 (N.Y. City Civ. Ct. 2006). “( 283 AD2d 353 [1st Dept 2001]), in a case where a remaining family member applied for succession rights after his mother died but failed his criminal background check, the Court found that 24 CFR 5.403 did not state that in addition to the head of *397 the household, members of…”

Freeman v. Sullivan, 954 F. Supp. 2d 730 (W.D. Tenn. 2013). “” See also 24 C.F.R. § 5.403 (family “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.”

Faison v. New York City Hous. Auth., 283 A.D.2d 353 (N.Y. App. Div. 2001). “24 CFR 5.403 merely includes “[t]he remaining member of a tenant family” among its definitions of “family.”

Figueroa v. Hernandez, 194 Misc. 2d 413 (N.Y. Sup. Ct. 2002). · cites it 3× “A family includes “The remaining member of a tenant family” (24 CFR 5.403 [6]). A tenant may be a single person (24 CFR 5.”

Rodriguez v. Chicago Hous. Auth., 2015 IL App (1st) 142458 (Ill. App. Ct. 2015). “24 C.F.R. § 5.403 (2012). "Household" is defined as "the family and PHA-approved live-in-aid.”

Luvert v. Chicago Hous. Auth., 142 F. Supp. 3d 701 (N.D. Ill. 2015). “2 After selecting a family to participate in the Voucher Program (the term “family” also encompasses single individuals in HUD’s definition — see 24 C.F.R. § 5.403 ), a Public Housing Authority (“PHA”) such as CHA issues a voucher with which the family can shop for housing (Reg.”

Evans v. Franco, 246 A.D.2d 377 (N.Y. App. Div. 1998). “HUD regulations define “family member” for Section 8 eligibility purposes as, inter alia, the “remaining member of a tenant family” (24 CFR 5.403 [b]). *379 Federal law and the implementing regulations promulgated by HUD require NYCHA to periodically examine the income and…”

Rodriguez v. Chicago Hous. Auth., 2015 IL App (1st) 142458 (Ill. App. Ct. 2015). “24 C.F.R. § 5.403 (2012). “Household” is defined as “the family and PHA-approved live-in aide.”

Johnson v. Guardian Mgmt. (D. Or. 2021). · cites it 10× “Johnson does not meet the required elements of a live-in aide as stated in 24 C.F.R. § 5.403 , even if spouses are not categorically excluded.”

Summit Multi-Fam. Hous. Corp. v. United States, 124 Fed. Cl. 562 (Fed. Cl. 2015). “” 24 C.F.R. § 5.403 . Pursuant to an ACC, a PHA may in turn enter into Housing Assistance Payment (“HAP”) contracts to make rental subsidy payments to owners of existing dwellings who provide housing to eligible low-income tenants.”

Greene v. Carson, 256 F. Supp. 3d 411 (S.D.N.Y. 2017). “” 24 C.F.R. § 5.403 ; see also 42 U.S.C. § 1437a(b)(3); cf.”

Johnson v. Guardian Mgmt. (D. Or. 2022). · cites it 6× “Relevant to this lawsuit is the exclusion of income received by a “live-in aide,” as defined in 24 C.F.R. § 5.403 . Id. § 5.609(c)(5). Housing providers who participate in a Section 8 project-based assistance program must reexamine and redetermine family income and composition…”

Show all 22 citing cases →

— 24 C.F.R. § 5.403(b) — 2 cases

Cambridge Hous. Auth. v. Burney, 1998 Mass. App. Div. 163 (Mass. Dist. Ct., App. Div. 1998).

Jeffreys v. Hous. Auth. of City of Winston-salem, 44 F. Supp. 2d 749 (M.D.N.C. 1998).

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