24 C.F.R. § 960.202

Tenant selection policies

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(a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants.

(2) These policies shall provide for and include the following:

(i) Targeting admissions to extremely low income families as provided in paragraph (b) of this section.

(ii) Deconcentration of poverty and income-mixing in accordance with the PHA Plan regulations (see 24 CFR part 903).

(iii) Precluding admission of applicants whose habits and practices reasonably may be expected to have a detrimental effect on the residents or the project environment;

(iv) Objective and reasonable policies for selection by the PHA among otherwise eligible applicants, including requirements for applications and waiting lists (see 24 CFR 1.4), and for verification and documentation of information relevant to acceptance or rejection of an applicant, including documentation and verification of citizenship and eligible immigration status under 24 CFR part 5; and

(v) Policies of participant transfer between units, developments, and programs. For example, a PHA could adopt a criterion for voluntary transfer that the tenant had met all obligations under the current program, including payment of charges to the PHA.

(b) Targeting admissions to extremely low income families—(1) Targeting requirement. (i) Not less than 40 percent of the families admitted to a PHA's public housing program during the PHA fiscal year from the PHA waiting list shall be extremely low income families. This is called the “basic targeting requirement.”

(ii) To the extent provided in paragraph (b)(2) of this section, admission of extremely low income families to the PHA's Section 8 voucher program during the same PHA fiscal year is credited against the basic targeting requirement.

(iii) A PHA must comply with both the targeting requirement found in this part and the deconcentration requirements found in part 903 of this chapter.

(2) Credit for admissions to PHA voucher program. (i) If admissions of extremely low income families to the PHA's voucher program during a PHA fiscal year exceeds the 75 percent minimum targeting requirement for the PHA's voucher program (see 24 CFR 982.201(b)(2)), such excess shall be credited (subject to the limitations in paragraph (b)(2)(ii) of this section) against the PHA's basic targeting requirement for the same fiscal year.

(ii) The fiscal year credit for voucher program admissions that exceed the minimum voucher program targeting requirement shall not exceed the lower of:

(A) Ten percent of public housing waiting list admissions during the PHA fiscal year;

(B) Ten percent of waiting list admission to the PHA's Section 8 tenant-based assistance program during the PHA fiscal year; or

(C) The number of qualifying low income families who commence occupancy during the fiscal year of PHA public housing units located in census tracts with a poverty rate of 30 percent or more. For this purpose, qualifying low income family means a low income family other than an extremely low income family.

(c) Priority for tenant-based and project-based voucher families displaced due to HQS non-compliance. The PHA must adopt a preference for tenant-based and project-based families displaced due to HQS noncompliance in accordance with § 982.404(e)(2) and § 983.208(d)(6)(ii).

(d) Adoption and availability of tenant selection policies. These selection policies shall:

(1) Be duly adopted and implemented;

(2) Be publicized by posting copies thereof in each office where applications are received and by furnishing copies to applicants or tenants upon request, free or at their expense, at the discretion of the PHA; and

(3) Be consistent with the fair housing and equal opportunity provisions of § 5.105 of this title; and

(4) Be submitted to the HUD field office upon request from that office.

[66 FR 28799, May 24, 2001, as amended at 89 FR 38293, May 7, 2024]

Notes of Decisions

Cited in 10 cases, 1994–2020 · leading case: Sager v. Hous. Comm'n, 855 F. Supp. 2d 524 (D. Maryland 2012).

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Sager v. Hous. Comm'n, 855 F. Supp. 2d 524 (D. Maryland 2012). “47 The regulations applicable to the public housing program require PHAs to “establish and adopt written policies for admission of tenants,” 24 C.F.R. § 960.202 (a)(1), that, inter alia, preclude “admission of applicants whose habits and practices reasonably may be expected to…”

Charles Talley, Jr. v. Vincent Lane, 13 F.3d 1031 (7th Cir. 1994). “…since it does exclude several programs where the owners of the dwellings enter into leases directly with the tenants. 24 C.F.R. § 960.202 .”

Matter of Figueroa v. New York City Hous. Auth., 141 A.D.3d 468 (N.Y. App. Div. 2016). “This Court appreciates NYCHA’s efforts to fulfill its important mandate to provide decent, safe, and sanitary housing for low-income families in New York City, and its authority to promulgate and carry out standards and processes in keeping with federal law for determining…”

Bennington Hous. Auth. v. Bush, 933 A.2d 207 (Vt. 2007). “24 C.F.R. §§ 960.202 (a)(2)(iii), 960.203(c)(3).”

Abdil v. Martinez, 307 A.D.2d 238 (N.Y. App. Div. 2003). “HUD regulations mandate that housing authorities promulgate and adhere to certain tenant selection guidelines (24 CFR 960.202 [a]). These regulations require respondent to screen tenant families’ behavior and their suitability for tenancy (24 CFR 960.”

Matter of Crawford v. Brezenhoff, 2020 NY Slip Op 05983 (N.Y. App. Div. 2020). “, 66 AD3d 579 , 580 [1st Dept 2009]; 24 CFR 960.202[a], 960.203[c], 966.4[a][1][v]; 24 CFR 960.”

Matter of Crawford v. Brezenhoff, 2020 NY Slip Op 06011 (N.Y. App. Div. 2020). “, 66 AD3d 579 , 580 [1st Dept 2009]; 24 CFR 960.202[a], 960.203[c], 966.4[a][1][v]; 24 CFR 960.”

McFarlane v. New York City Hous. Auth., 1 Misc. 3d 744 (N.Y. Sup. Ct. 2003). “(See, 24 CFR 960.202 [a].) However, neither the applicable federal law (the United States Code), nor the Code of Federal Regulations (CFR), contains a definition of “remaining family member” or otherwise specifies the criteria for a finding of remaining family member status.”

Bennington Hous. Auth. v. Bush, 933 A.2d 207 (Vt. 2007). “24 C.F.R. §§ 960.202 (a)(2)(iii), 960.203(c)(3).”

Matter of Porter v. New York City Hous. Auth., 2019 NY Slip Op 1128 (N.Y. App. Div. 2019). “NYCHA, as a recipient of funding from the federal Department of Housing and Urban Development (HUD), must comply with HUD regulations, which require NYCHA to "establish and adopt written policies for admission of tenants" (24 CFR 960.202[a][1]). HUD regulations mandate that…”

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