§ 882.315 - Occupancy of a shared housing unit.

(a) Who may share a unit. (1) Persons who are not assisted under the Section 8 Certificate program may reside in a Shared Housing unit.

(2) Except for a one-bedroom unit, an Owner of a Shared Housing unit may reside in the unit, and a resident Owner may enter into a Contract with the PHA. However, housing assistance may not be provided on behalf of the Owner. An assisted person may not be related to a resident Owner.

(3) One or more Families assisted under Individual Lease Shared Housing may reside in a Shared Housing unit, if the unit meets the housing quality standards contained in § 882.109(q).

(4) Only two Families may be assisted in a unit under Related Lease Shared Housing.

(5) A PHA may not execute Contracts for Individual Lease Shared Housing and for Related Lease Shared Housing with respect to the same unit.

(b) Size of unit and Family space. (1) The number of bedrooms in the Private Space of an assisted Family initially must be the same as the number stated on the Family's Certificate, except in the case of two individuals sharing a one bedroom unit. The PHA may not approve a Lease or execute a Contract for Shared Housing unless the unit, and the portion of the unit available for use by the assisted Family under its Lease, meet the housing quality standards under § 882.109.

(2) Residents of the unit may share its Common Space. However, persons other than members of the assisted Family may not use the Family's Private Space.

(3) The PHA must issue a participant Family a new Certificate, assist the Family in locating another unit, and terminate the Contract in accordance with its terms, if the portion of the unit available for use by the assisted Family under its Lease, is not Decent, Safe, and Sanitary because of an increase in Family size, or a change in Family composition after PHA approval of the Lease.

(4) The PHA must issue a participant Family a new Certificate, assist the Family in locating another unit, and terminate the Contract in accordance with its terms, if all of the following apply:

(i) The number of bedrooms in the Family's Private Space is larger than appropriate under the Occupancy Standards in effect when the PHA approved the Lease (or the current Occupancy Standards, if higher). (The PHA must notify the family that exceptions to the Occupancy Standards may be granted and of the circumstances in which the PHA will grant an exception.);

(ii) The current Fair Market Rent (or higher rent approved by the PHA in accordance with § 882.106(a) (3) or (4)) for a unit with the number of bedrooms appropriate for the Family under the Occupancy Standards in effect when the PHA approved the Lease (or the current Occupancy Standards, if higher), is less than the Family's Gross Rent; and

(iii) An acceptable unit is found that is available for the Family's occupancy.

(5) Sections 882.209(i) and 882.213 do not apply to Shared Housing.