C.F.R. » Title 24 » PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS › Subpart F—Section 8 and Public Housing, and Other HUD Assisted Housing Serving Persons with Disabilities: Family Income and Family Payment; Occupancy Requirements for Section 8 Project-Based Assistance

24 C.F.R. § 5.601

Purpose and applicability

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This subpart states HUD requirements on the following subjects:

(a) Determining annual and adjusted income of families who apply for or receive assistance in the Section 8 (tenant-based and project-based) and public housing programs;

(b) Determining payments by and utility reimbursements to families assisted in these programs;

(c) Additional occupancy requirements that apply to the Section 8 project-based assistance programs. These additional requirements concern:

(1) Income-eligibility and income-targeting when a Section 8 owner admits families to a Section 8 project or unit;

(2) Owner selection preferences; and

(3) Owner reexamination of family income and composition;

(d) Determining adjusted income, as provided in § 5.611(a) and (c) through (e), for families who apply for or receive assistance under the following programs: Section 202 Supportive Housing Program for the Elderly (24 CFR 891, subpart B); Section 202 Direct Loans for Housing for the Elderly and Persons with Disabilities (24 CFR part 891, subpart E); and the Section 811 Supportive Housing for Persons with Disabilities (24 CFR part 891, subpart C). Unless specified in the regulations for each of the programs listed in this paragraph (d) or in another regulatory section of this part 5, subpart F, then the regulations in part 5, subpart F, generally are not applicable to these programs; and

(e) Limitations on eligibility for assistance based on assets, as provided in § 5.618, in the Section 8 (tenant-based and project-based) and public housing programs.

[66 FR 6222, Jan. 19, 2001, as amended at 88 FR 9655, Feb. 14, 2023]
Notes of Decisions
Cited in 3 cases, 2016–2018 · leading case: Martinez v. Lexington Gardens Assocs., Dennis Ovalle, L.A. Equities Corp., 336 F. Supp. 3d 270 (S.D. Ill. 2018).
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Martinez v. Lexington Gardens Assocs., Dennis Ovalle, L.A. Equities Corp., 336 F. Supp. 3d 270 (S.D. Ill. 2018). “§ 1437f ; 24 C.F.R. § 5.601 et seq. The amount that a family is eligible to receive depends on the family's income and composition, but the subsidy typically equals the difference between the rent for the unit and 30% of the family's adjusted gross income.”
McClean v. Delaware Cnty. Hous. Auth., 220 F. Supp. 3d 607 (E.D. Pa. 2016). “§ 1437f(o)(l); 24 C.F.R. § 5.601 , et seq. . 24 C.F.R. § 5.”
McClean v. Del. Cnty. Hous. Auth., 303 F. Supp. 3d 306 (E.D. Pa. 2018). · cites it 2× “§ 1437f( o )(1) ; 24 C.F.R. § 5.601 , et seq. 24 C.F.R. § 5.”
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