§ 882.118 - Obligations of the Family.  


Latest version.
  • (a) The family must:

    (1) Supply such certification, release, information or documentation as the PHA or HUD determine to be necessary, including submission of required evidence of citizenship or eligible immigration status (as provided by 24 CFR part 5), submission of Social Security Numbers and verifying documentation (as provided by 24 CFR part 5), submission of signed consent forms for the obtaining of wage and claim information from State Wage Information Collection Agencies (as provided by 24 CFR part 5), and submissions required for an annual or interim reexamination of family income and composition.

    (2) Allow the PHA to inspect the dwelling unit at reasonable times and after reasonable notice.

    (3) Notify the PHA before vacating the dwelling unit.

    (4) In Related Lease Shared Housing, notify the Owner and PHA when one Family learns of the other Family's vacancy or prospective vacancy, in accordance with § 882.335(c)(1)(i).

    (5) Use the dwelling unit (or, in the case of Shared Housing, the portion thereof) solely for residence by the Family, and as the Family's principal place of residence; and shall not assign the Lease or transfer the unit.

    (b) The Family shall not:

    (1) Own or have any interest in the dwelling unit (other than in a manufactured home assisted under subpart F of this part). If the Owner is a cooperative, the Family may be a member of the cooperative.

    (2) Commit any fraud in connection with the Section 8 Existing Housing Program.

    (3) Receive assistance under the Section 8 Existing Housing Program while occupying, or receiving assistance for occupancy of, any other unit assisted under any Federal housing assistance program (including any section 8 program).

    (4) Engage in drug-related criminal activity or violent criminal activity, including criminal activity by any Family member. For the purposes of this section—(i) Drug-related criminal activity means one of the following:

    (A) The felonious manufacture, sale, or distribution, or the possession with intent to manufacture, sell, or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

    (B) The felonious use or possession (other than with intent to manufacture, sell or distribute), of a controlled substance, except that such felonious use or possession must have occurred within one year before the date that the PHA provides notice to an applicant under § 882.216(a)(1), or to a participant under § 882.216(b)(3)(i) of the PHA's determination to deny admission or terminate assistance. Drug-related criminal activity does not include this use or possession, if the Family member can demonstrate that he or she:

    (1) Has an addiction to a controlled substance, has a record of such an impairment, or is regarded as having such an impairment; and

    (2) Has recovered from such addiction and does not currently use or possess controlled substances.

    (ii) Violent criminal activity includes any felonious criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.

    (iii) Felonious means that the criminal activity is classed as a felony under Federal, State, or local law.

    (Approved by the Office of Management and Budget under control number 2577-0083)