24 C.F.R. § 982.312

Absence from unit

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) The family may be absent from the unit for brief periods. For longer absences, the PHA Administrative Plan establishes the PHA policy on how long the family may be absent from the assisted unit. However, the family may not be absent from the unit for a period of more than 180 consecutive calendar days in any circumstance, or for any reason. At its discretion, the PHA may allow absence for a lesser period in accordance with PHA policy.

(b) Housing assistance payments terminate if the family is absent for longer than the maximum period permitted. The term of the HAP contract and assisted lease also terminate.

(The owner must reimburse the PHA for any housing assistance payment for the period after the termination.)

(d)(1) The family must supply any information or certification requested by the PHA to verify that the family is residing in the unit, or relating to family absence from the unit. The family must cooperate with the PHA for this purpose. The family must promptly notify the PHA of absence from the unit, including any information requested on the purposes of family absences.

(2) The PHA may adopt appropriate techniques to verify family occupancy or absence, including letters to the family at the unit, phone calls, visits or questions to the landlord or neighbors.

(e) The PHA Administrative Plan must state the PHA policies on family absence from the dwelling unit. The PHA absence policy includes:

(1) How the PHA determines whether or when the family may be absent, and for how long. For example, the PHA may establish policies on absences because of vacation, hospitalization or imprisonment; and

(2) Any provision for resumption of assistance after an absence, including readmission or resumption of assistance to the family.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2014–2026 · leading case: Matter of Shortt v. Pritchett, 2017 NY Slip Op 7606 (N.Y. App. Div. 2017).

Sort: Relevance Newest Treatment

Matter of Shortt v. Pritchett, 2017 NY Slip Op 7606 (N.Y. App. Div. 2017). · cites it 6× “Housing Choice Voucher Program (hereinafter the Agency) advised the petitioner that his participation in the Program would be terminated effective April 1, 2014, on the ground that he had been absent from his apartment (hereinafter the unit) for more than 180 days, and that he…”

Thomas D'Aquin v. the Hous. Auth. of New Orleans (La. Ct. App. 2024). “D’Aquin’s assistance based on this alleged violation of “24 C.F.R. § 982.312 and HANO’s Administrative Plan by being absent from his unit for longer than allowed.”

A. Jackson-Johnson v. Wilkes-Barre Hous. Auth. (Pa. Commw. Ct. 2026). “312(a) of the HUD Regulations,] 24 C.F.R. § 982.312 [(a),] Absence from Unit, a .”

Pickering-George v. Wambua, 117 A.D.3d 583 (N.Y. App. Div. 2014). “552); that he vacated the premises without notifying or obtaining the approval of HPD; and that he was absent from the premises for more than 180 days (see 24 CFR 982.312). We have considered petitioner’s remaining contentions and find them unavailing.”

KST Realty LLC v. Olatoye, 49 Misc. 3d 934 (N.Y. Sup. Ct. 2015). “Moreover, NYCHA acted within its discretion to determine, based upon the evidence available, that E.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.