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II. How to Find the Regulations and Authorities that Apply

June 3, 2009

Author: Michael Hanley

A. Browsing and Searching “e-CFR” (24 CFR)

To BROWSE the individual Volumes, Sub-titles and Parts for Title 24, CLICK HERE.

B. Frequently Need HUD Regulations Related to Occupancy and Eviction Issues in HUD Assisted Housing Programs:

Tip: Don’t forget that since e-CFR brings up ALL of the text of each “Part,” that makes it a very good tool for finding all of the regulations relevant to the issue your are working within a particular housing program. By using your browser’s “Find in page" feature (Ctrl + F) you can word-search the e-CFR text for an entire “Part.” That may be an easy way to find regulations that you would not have otherwise caught if you were just relying on HUD’s section captions since the captions alone are often too broad to let you know everything the section deals with. It’s also a quick way to find the section you need even when the caption says it all -- for example, try searching Part 982, the Housing Choice Voucher regulations, for “security deposit.”

PART 5 General HUD Program Requirements (includes income and rent setting regulations).

See especially:

5.100 "General Definitions"
5.105 "Other Federal Requirements"
(listing all nondiscrimination statutes);
5.300 to 5.380 Subpart C: the "pet regs" for "elderly and disabled" housing (both public and privately owned multifamily);
5.400 to 5.403 Subpart D: the "Section 8 and Public Housing Program Definitions”; and
5.601 to 5.661 Subpart F: the income and rent setting provisions.

PART 35 Lead-based paint poisoning prevention.

PART 91 Consolidated Planning Requirements (including Analysis of Impediments to Fair Housing).

PART 92 HOME Program (Home Investment Partnerships).

PART 247 Evictions from Privately Owned, Subsidized Multifamily Projects.

Important note: Part 247 DOES NOT apply to HUD assisted multifamily housing developments with project-based Section 8 subsidies under Parts 880(New Construction), Part 881 (Substantial Rehab), Part 883 (State Agency Set-Asides, NYS HDFC) or Part 884 (Rural Housing). BUT, Part 247’s eviction procedures DO apply to Project-Based Loan Management Set-Asides (LMSA) under Part 886, Moderate Rehab developments under Part 882, and Supportive Housing for Elderly and Disabled under Part 891). For the excluded developments, eviction procedures are mostly governed by 24 CFR 880.607.

PART 582 Shelter Plus Care Program.

PART 583 Supportive Housing Program.

PART 88O Section 8 "New Construction" Evictions. See 24 CFR 880.607 (applies to Substantial Rehabilitation properties and State Agency Set-Aside properties as well, see 24 CFR 881.601 and 883.701)

PART 891 Supportive Housing for the Elderly and Persons With Disabilities

PART 960 Public Housing Admissions and Occupancy. (Including: tenant selection; denials for drug or criminal activity; rent choices; family "self sufficiency"; income and composition recertifications; community service requirement [suspended]; and pet regulations for family units.)

PART 966 Lease and Grievance Procedures in Public Housing.

PART 982 Section 8 Housing Choice Voucher Regulations

PART 903 Public Housing Agency Plans.
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C. Other (less) Frequently Needed HUD Regulations:

PART 1 Title VI (Civil Rights Act of 1964) Non-discrimination Provisions. For enforcement procedures, see Part 180

PART 6 Non-Discrimination in Programs Receiving Assistance Under the Housing and Community Development Act. For enforcement procedures, see Part 180 See also Part 570.

PART 8 Nondiscrimination based on handicap (Section 504 Regs). For enforcement procedures, see Part 180

PART 9 Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the Department of Housing and Urban Development.

PART 41 Standards and requirements for accessibility by the physically handicapped.

PART 42 Displacement and Relocation Assistance for HUD and HUD-assisted programs.

PART 100 Discriminatory conduct under the Fair Housing Act. For enforcement procedures, see Part 180

PART 103 Fair Housing Complaint Processing. For enforcement procedures, see Part 180

PART 135 Economic opportunities for low- and very low-income persons (Section 3 Requirements)

PART 146 Nondiscrimination on the basis of age in HUD programs or activities receiving Federal financial assistance. For enforcement procedures, see Part 180

PART 180 Consolidated HUD hearing procedures for civil rights matters.

PART 203 Single Family Mortgage Insurance (See Subpart C for foreclosure servicing responsibilities, including continued occupancy agreements.)

PART 248 Prepayment of Low Income Housing Mortgages

PART 570 Community Development Block Grants.

PART 574 Housing Opportunities for Person With Aids.

PART 576 Emergency Shelter Grants Program.

PART 945 Designated Housing -- Public Housing Designated for Occupancy by Disabled, Elderly, or Disabled and Elderly Families (See also PIH 97-12 and PIH 05-02)

PART 983 Section 8 Project Based Voucher Program (PBV).

PART 984 Section 8 and public housing family self-sufficiency program

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D. The Rural Housing Service Regulations

7 CFR Part 3560, Subpart D.
§ 3560.151   General.
§ 3560.152   Tenant eligibility.
§ 3560.153   Calculation of household income and assets.
§ 3560.154   Tenant selection.
§ 3560.155   Assignment of rental units and occupancy policies.
§ 3560.156   Lease requirements.
§ 3560.157   Occupancy rules.
§ 3560.158   Changes in tenant eligibility.
§ 3560.159   Termination of occupancy.
§ 3560.160   Tenant grievances.
To see the Federal Register describing the changes from the pre-2005 Rural Housing regulations, click on the PDF link to go to:

November 26, 2004 Federal Register publication, PDF format
The discussion on Subpart D is on pages 69057-66, (pages 27 to 36 in the PDF file).

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