[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5662-5667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3101]




[[Page 5661]]

_______________________________________________________________________

Part V





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Secretary



_______________________________________________________________________



24 CFR Parts 5, 812, et al.



Definitions and Other General Requirements for Assistance Under the 
United States Housing Act of 1937; Final Rule

  Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / 
Rules and Regulations   

[[Page 5662]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Parts 5, 812, 912, 950, and 982

[Docket No. FR-3029-F-04]
RIN 2501-AB68


Definitions and Other General Requirements for Assistance Under 
the United States Housing Act of 1937

AGENCY: Office of the Secretary.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule consolidates and revises portions of 24 CFR parts 
812 and 912 into a new subpart D of part 5, makes a conforming change 
to part 982, and revises part 950 to provide general requirements for 
the implementation of the United States Housing Act of 1937 that are in 
addition to the Act's explicit requirements.

EFFECTIVE DATE: March 14, 1996.

FOR FURTHER INFORMATION CONTACT: Issues related to part 812 as it 
relates to programs administered by the Assistant Secretary for 
Housing/Federal Housing Commissioner: Barbara D. Hunter, Director, 
Program Management Division, Office of Multifamily Asset Management and 
Disposition, Room 6182, 451 Seventh Street SW., Washington, DC 20410, 
Telephone (202) 708-4162. A telecommunications device for speech or 
hearing impaired persons (TDD) is available at (202) 708-4594. (These 
are not toll-free telephone numbers.)
    Issues related to part 812 (as it relates to section 8 
certificates, vouchers, and Mod Rehab), part 912 and programs 
administered by the Assistant Secretary for Public and Indian Housing: 
MaryAnn Russ, Deputy Assistant Secretary for Public and Assisted 
Housing Operations, Office of Public and Indian Housing, Room 4204, 451 
Seventh Street SW., Washington, DC 20410, Telephone (202) 708-1380. A 
telecommunications device for speech or hearing impaired persons (TDD) 
is available at (202) 708-0850. (These are not toll-free telephone 
numbers.)
    Issues related to part 950 and Native American Housing Programs: 
Deborah Lalancette, Director, Housing Management Division, Office of 
Native American Programs, Department of Housing and Urban Development, 
room B-133, 451 Seventh Street SW., Washington, DC 20410; telephone 
(202) 755-0088; (TDD) (202) 708-0850. (These are not toll-free 
numbers.)

Supplementary Information:

I. Statutory and Rulemaking Background

    Section 573(a) of the National Affordable Housing Act (NAHA) 
(approved November 28, 1990, Pub. L. 101-625) amended clause (D) of 
section 3(b)(3) of the United States Housing Act of 1937 (the 1937 
Act), to include in the definition of ``families,'' ``any other single 
persons'' who are not 62 years old or older, disabled, handicapped, 
displaced, or the remaining member of a tenant family. (Hereinafter, an 
individual in the category of ``other single persons'' will be referred 
to simply as a single person.) Before this NAHA amendment, the number 
of single persons eligible for assisted housing was restricted under 
the 1937 Act to a percentage of the units in the public housing 
agency's or Indian housing authority's jurisdiction.
    However, the NAHA amendment added a new restriction on the 
admission of any single person to housing units assisted under the 1937 
Act. ``In no event'', reads (in part) section 573(a)(1), ``may any 
single person [who is not 62 years old or older, disabled, handicapped, 
displaced, or the remaining member of a tenant family] * * * be 
provided a housing unit assisted under this Act of 2 bedrooms or 
more.''
    A proposed rule was published in the Federal Register on April 10, 
1992 (57 FR 12686) to add the NAHA section 573(a) requirements to the 
Department's regulations at 24 CFR parts 812 and 912. This rule also 
addressed section 5(b) of the Fair Housing Amendments Act of 1988 
(FHAA) (Pub. L. 100-430, approved September 13, 1988), codified at 42 
U.S.C. 3602(k), which states that, ``the protections afforded against 
discrimination on the basis of familial status shall apply to any 
person who is pregnant or is in the process of securing legal custody 
of any individual who has not attained the age of 18 years.''
    Section 621 of the Housing and Community Development Act of 1992 
(HCDA 1992) (Pub. L. 102-550, approved October 28, 1992), also amended 
section 3(b)(3) of the 1937 Act, the same section amended by 573(a) of 
NAHA. The section 621 amendment is in the nature of a housekeeping 
revision that reorganizes the 1937 Act definition of ``family,'' rather 
than an amendment that makes substantive changes in the definition. 
Section 621 redefines ``elderly family'' by taking out the references 
to disabled and handicapped persons, and combines the definitions of 
``disabled person'' and ``handicapped person'' into a single definition 
of ``person with disabilities.'' The ``any other single persons'' 
amendments of NAHA section 573(a) are also a part of the HCDA 1992 
section 621 revision of 3(b)(3), which slightly modifies section 
573(a)'s language on the unit size limitation for single persons from 
``2 bedrooms or more'' to read ``2 or more bedrooms.''
    Section 301 of the Multifamily Housing Property Disposition Reform 
Act of 1994 (MHPDRA) (Pub. L. 102-233, approved April 11, 1994) made a 
technical correction to the HCDA 1992 section 621 revision of section 
3(b)(3) of the 1937 Act. Section 621 had changed the introductory 
language of the definition of ``families'' from, ``The term `families' 
includes * * *.'' to, ``The term `families' means * * *.''. Section 301 
of MHPDRA amends the introductory language of 3(b)(3) of the 1937 Act 
back to the original ``The term `families' includes * * *.''.
    To resolve the issue of the basic eligibility of single persons, 
HUD published on July 26, 1993 (58 FR 39658) a final rule that 
eliminated the former statutory restrictions, which were included in 
parts 812 and 912, on the admission of single persons to public and 
assisted housing. The final rule published on July 26, 1993 also 
removed the restrictions at Sec. 905.301(d), now Sec. 950.301(d), 
concerning the admissibility of single persons to Indian housing. 
Although section 573(a) of NAHA did not apply to Indian housing, 
section 103(b) of HCDA 1992 expressly makes sections 573 and 574 of 
NAHA applicable to Indian Housing Authorities (IHAs). At the same time, 
HCDA 1992 section 626 expressly excludes IHAs from the coverage of the 
entire HCDA 1992 subtitle that includes the section 621 reorganization 
of the definition of family.
    Two other regulatory amendments are relevant to the changes made in 
this final rule. On March 20, 1995 (60 FR 14855), parts 812 and 912 
were amended by designating their existing provisions as subpart A, and 
adding a subpart B that dealt with restrictions on assistance to 
noncitizens. Definitions pertinent to these restrictions were also 
added. Finally, on April 10, 1995, at 60 FR 18186, the Indian Housing 
consolidated regulations were revised and moved from part 905 to part 
950 of title 24.

II. Reinventing Parts 812 and 912

    In keeping with the President's mandate to reinvent and reform 
regulations, subparts A of parts 812 and 912 are streamlined in this 
rule by combining them into a single, new subpart D of part 5 (subparts 
B and C are 

[[Page 5663]]
reserved for other requirements). One of the methods by which the 
Department is streamlining and reducing its regulations is to eliminate 
repetitious regulatory language. The subpart A provisions of parts 812 
and 912 are virtually identical, covering general requirements related 
to the 1937 Act, such as definitions and basic eligibility for 
assistance. These general requirements were originally set forth in 
separate CFR parts that were designated for offices that administered 
different forms of assistance under the 1937 Act. Such a practice, 
however, has resulted in the proliferation of repetitious, unnecessary 
regulations which the Department is now acting to curb.
    Another method of reinventing regulations by the Department is to 
remove rule text that only repeats statutory language. Rules will only 
contain legally binding requirements that are in addition to those 
contained in a statute. Besides reducing the sheer bulk of rules, this 
practice will remove the problems that result when a rule that echoes 
the language of a statute becomes inconsistent with new statutory 
amendments. The period before such a rule is amended to conform to new 
statutory language is often one of confusion and uncertainty as to 
which law applies: the old provisions in the regulations or the new 
provisions in the statute. The new subpart D of part 5 promulgated here 
does not, therefore, repeat any statutory language, but only implements 
requirements that are in addition to those in the 1937 Act. However, 
for purposes of convenience and clarity, this final rule also includes 
definitions of the terms ``family,'' ``elderly family,'' ``disabled 
family,'' and ``near-elderly family,'' for which the elements must be 
assembled from different parts of section 3(b)(3) of the 1937 Act in 
order to arrive at a complete definition. For example, section 
3(b)(3)(B) provides:

    The term ``families'' includes families with children and, in 
the cases of elderly families, near-elderly families, and disabled 
families, means families whose heads (or their spouses), or whose 
sole members, are elderly, near-elderly, or persons with 
disabilities, respectively. The term includes, in the cases of 
elderly families, near-elderly families, and disabled families, 2 or 
more elderly persons, near-elderly persons, or persons with 
disabilities living together, and 1 or more persons determined under 
the regulations of the Secretary to be essential to their care or 
well-being.

    Sufficient information is not given in section 3(b)(3)(B) to 
formulate a complete definition of ``elderly family;'' for a complete 
definition of this term, it is necessary to incorporate with the 
3(b)(3)(B) information the definition of ``elderly person'' in section 
3(b)(3)(D). The final rule makes this incorporation.
    The April 10, 1992 proposed revisions to parts 812 and 912, which 
concern section 5(b) of the Fair Housing Amendments Act of 1988 (FHAA) 
and the treatment of single, pregnant women and individuals in the 
process of obtaining custody, are not included in this final rule. The 
statutory prohibition against housing discrimination towards such 
persons is sufficiently clear and enforceable. Since the percentage 
limit for occupancy by single persons (which could have been used to 
mask instances of discrimination against persons in these protected 
classes) has been eliminated, it is no longer necessary to distinguish 
persons in these FHAA-protected classes from other single persons.
    The definitions that were added to parts 812 and 912 for purposes 
of the March 20, 1995 rule on restrictions on assistance to noncitizens 
are being moved to revised Secs. 812.5(a) and 912.5(a). The provisions 
in subparts B of parts 812 and 912 will remain in effect until the 
publication of a single, streamlined noncitizens rule.
    For purposes of uniformity, the definition of applicant is being 
added to the Indian Housing regulation at Sec. 950.102. The provisions 
dealing with the preference over single persons and the housing 
assistance limitation for single persons are being added to 
Sec. 950.301 of the Indian Housing regulation, with a conforming change 
made to Sec. 950.303(b)(1)(ii).
    The combined statutory and regulatory definitions and general 
requirements that apply with respect to public housing and Section 8 
housing assistance under the 1937 Act have been placed in an appendix 
to this final rule. The final rule will be codified in the Code of 
Federal Regulations; the appendix will not be codified. However, the 
appendix is available to the public as a single document which provides 
a unified overview of these general requirements under the 1937 Act.

III. Response to Public Comments

    A total of 182 comments were received on the proposed rule from 39 
Public Housing Authorities, 103 elderly tenants, 30 managers, 6 
interest groups, 2 legal assistant organizations, and 2 individuals. 
The comments and HUD's responses are addressed in the discussion below.

Concerns Over Removing Eligibility Restrictions on Single Persons

    Numerous comments were received on the scope of the proposed rule, 
with particular emphasis on the amendment to the definition of 
``family'' to include ``any other single person.'' The comments took 
the form of suggested changes to narrow the scope or impose limits on 
single persons who could be admitted, general observations about the 
impact of this rule, inquiries about the application of the rule to 
specific programs and situations, and requests for clarification.
    Over two thirds of the comments received on the proposed rule were 
directed at the mix of elderly people with young single people that the 
commenters believed will result from the implementation of this rule. 
They expressed concern about the occupancy issues that arise when 
elderly and non-elderly persons live in the same housing. Concerns were 
also raised about the eligibility of single persons as a group for 
housing or assistance under the 1937 Act.

HUD Response

    These comments from elderly residents, owners of elderly projects, 
and management companies appear to have been submitted under the belief 
that the proposed rule would have superseded the basic admission 
requirements for a particular project. It is important to note that the 
change in the status of single persons is the result of legislative 
amendments to the 1937 Act. Even so, the inclusion of single persons in 
the definition of ``family'' without a percent occupancy limitation, as 
was previously the case, does not automatically constitute admission 
into every form of assisted housing. The single person, as well as any 
other family, must still meet all of the eligibility requirements for 
the particular project and for the type of housing assistance which is 
sought. This has always been the case, and the rule, at Sec. 5.403(a), 
now expressly states that, ``An applicant must meet all of the 
eligibility requirements of the housing assistance for which an 
application is made in order to obtain the housing assistance.''
    One of the basic eligibility requirements under the 1937 Act is 
that the applicant must be a ``family.'' However, the definition of 
``family'' in the 1937 Act is broadly expressed as, ``The term 
`families' includes * * *'' (emphasis added) and is not exclusive or 
exhaustive. Given this broad statutory definition, HUD has historically 
permitted PHAs and housing owners the flexibility to make the 
determination of ``family,'' in accordance with their local laws and 
policies, including state and local fair housing laws, as long as such 
a determination does not conflict with 

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the 1937 Act or the Federal Fair Housing Act.

Preference for Admission

    Seven commenters sought further explanation of the practical 
application of extending a preference for housing units to elderly, 
disabled, handicapped and displaced persons over single persons in 
Secs. 812.3(a) and 912.3(a) of the proposed rule (Note: the use of the 
term ``handicapped'' is eliminated by HCDA 1992 sec. 621). The central 
issue presented by these commenters was whether elderly, disabled, 
handicapped and displaced families always have a priority in the 
admission process over single persons, regardless of the Federal 
preferences. One commenter asked if the proposed rule gave a ``Federal 
preference'' or simply a priority. A couple of commenters asked whether 
a single person with a Federal preference would get a certificate or 
voucher first before an elderly, handicapped, disabled or displaced 
person without a Federal preference, and other commenters posed that 
question in the converse. Still more commenters, objecting to what they 
considered the unanticipated consequences of the proposed rule, assumed 
both that proposed Secs. 812.3(a) and 912.3(a) did not give a ``Federal 
preference'' and that in practice the single person would receive the 
certificate or voucher first, in spite of the fact that the rule is 
careful to indicate the elderly, disabled, and displaced have a 
priority.

HUD Response

    The basis for treating single persons differently from elderly, 
disabled, or displaced persons is that the statute requires it. This 
requirement does not, in any way, violate applicable nondiscrimination 
provisions.
    The final rule clarifies that a PHA or private owner must give 
preference to applicants who are elderly, disabled, or displaced 
families consisting of no more than two persons over applicants who are 
single persons, regardless of the applicant's Federal or local 
preferences. Admitting these elderly, disabled, and displaced families 
that do not have a Federal Preference over a single person with a 
Federal Preference does not draw on the local preference limit (10%/
30%/50%). The 1937 Act provides for both the Federal preference and the 
preference over single persons, but does not prescribe the order of 
these statutory preferences. HUD has determined that the singles 
preference should govern over the Federal preference scheme.
    This final rule further clarifies that elderly, disabled, and 
displaced one- or two-person family applicants have a preference over 
single persons who are not elderly, disabled, or displaced for all 
types of assisted housing under the 1937 Act, including general 
occupancy public and Indian housing and Section 8, not just for public 
and Indian housing and privately owned housing for the elderly.

Unit Size Limitation

    Nine commenters addressed the unit size limitation for single 
persons who are not elderly, disabled, displaced or the remaining 
member of a tenant family in Secs. 812.3(b), 882.209(i)(1), 887.253(c), 
and 912.3(b) of the proposed rule. The consensus of these commenters 
was that the provision stating that ``any Single Person may not be 
provided a unit with two or more bedrooms'' was unnecessarily 
restrictive.
    PHAs objected to the different treatment between single persons and 
other persons under the same programs, citing a variety of reasons, 
such as: How this restriction penalizes people for being single; the 
absence of a rational justification for this restriction when the gross 
rent for a larger unit is reasonable and less than the 1 bedroom fair 
market rent; the fact that elderly, handicapped, disabled and displaced 
people are not subject to the same restriction; and the hardships to 
management and owners from not being able to offer the next bedroom 
size to single persons on the list in light of the high vacancy rates 
in some parts of the country.
    Another PHA felt that the restriction goes too far because it would 
extend to a single person with special health needs who requires a 2 
bedroom unit for purposes of accommodating additional equipment or 
other needs. In the opinion of this commenter, the NAHA section 573(a) 
language, ``In no event may any single person under clause (D) be 
provided a housing unit assisted under this Act of 2 bedrooms or 
more'', is not intended to cover single persons with special health 
needs.

HUD response

    Sections 573(a) and 621 both agree that, ``In no event may any 
single person * * * be provided a housing unit assisted under this Act 
of 2 or more bedrooms.'' The rule implements this provision for 
purposes of the rental certificate and voucher programs as a limitation 
on family unit size, and therefore on the amount of subsidy paid on 
behalf of the single person. The rule does not prohibit a single person 
from residing in a larger unit (2 or more bedrooms) with the amount of 
subsidy for a zero or one-bedroom family unit size.
    It is likely that an individual who needed a larger unit to 
accommodate medical equipment because of a health need would qualify as 
a ``person with disabilities,'' not as a ``single person,'' and so 
could be provided a larger unit.

Other Matters

Regulatory Planning and Review
    This rule has been reviewed in accordance with Executive Order 
12866, issued by the President on September 30, 1993 (58 FR 51735, 
October 4, 1993). Any changes to the rule resulting from this review 
are available for public inspection between 7:30 a.m. and 5:30 p.m. 
weekdays in the Office of the Rules Docket Clerk.
Environmental Impact
    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR Part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969. The Finding of No Significant Impact is available for 
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk at the above address.
Federalism
    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this rule do not have federalism implications and, thus, 
are not subject to review under the Order. This rule merely makes 
certain statutorily required changes in definitions that will not have 
substantial, direct effects on States, on their political subdivisions, 
or on their relationships with the Federal government, or on the 
distribution of power and responsibilities between them and other 
levels of government.
Family Impact
    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule will not have a 
potentially significant negative impact on family formation, 
maintenance, and general well-being, and thus, is not subject to review 
under the Order. The rule only implements statutorily required changes 
in the definition of ``family'' under the United States Housing Act of 
1937.
Regulatory Flexibility Act
    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this rule before publication and by 
approving it certifies that this rule does not have a significant 

[[Page 5665]]
economic impact on a substantial number of small entities. The rule is 
only an implementation of statutory requirements that adjust the way 
the term ``family'' is defined.

List of Subjects

24 CFR Part 5

    Admnistrative practice and procedure, Grant programs--housing and 
community development, Low and moderate income housing, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 812

    Low and moderate income housing, Reporting and recordkeeping 
requirements.

24 CFR Part 912

    Grant programs--housing and community development, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 950

    Aged, Energy conservation, Grant programs--housing and community 
development, Grant programs--Indians, Indians, Individuals with 
disabilities, Low and moderate income housing, Public housing, 
Reporting and recordkeeping requirements.

24 CFR Part 982

    Grant programs--housing and community development, Housing, Rent 
subsidies, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, 24 CFR parts 5, 812, 912, 
950, and 982 are amended, as set forth below:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

    1. The authority citation for part 5 continues to read as follows:

    Authority: 42 U.S.C. 3535(d).

    1. Subparts B and C of part 5 are reserved.
    2. A new subpart D to part 5 is added to read as follows:

Subpart D--Definitions and Other General Requirements for 
Assistance Under the United States Housing Act of 1937

Sec.
5.400  Applicability.
5.403  Definitions.
5.405  Basic eligibility; preference over single persons; and 
housing assistance limitation for single persons.

    Authority: 42 U.S.C. 1437a and 3535(d).


Sec. 5.400   Applicability.

    This part applies to public housing (other than Indian housing 
under 24 CFR part 950) and Section 8 programs.


Sec. 5.403  Definitions.

    (a) The terms displaced person, elderly person, near-elderly 
person, and person with disabilities are defined at paragraph 3 of 
section 3(b) of the 1937 Act (42 U.S.C. 1437a(b)(3)).
    (b) In addition to the terms listed in paragraph (a) of this 
section, the following definitions apply:
    Applicant means a person or a family that has applied for housing 
assistance.
    Disabled family means a family whose head, spouse, or sole member 
is a person with disabilities; or two or more persons with disabilities 
living together; or one or more persons with disabilities living with 
one or more live-in aides.
    Displaced family means a family in which each member, or whose sole 
member, is a person displaced by governmental action, or a person whose 
dwelling has been extensively damaged or destroyed as a result of a 
disaster declared or otherwise formally recognized pursuant to Federal 
disaster relief laws.
    Elderly family means a family whose head, spouse, or sole member is 
a person who is at least 62 years of age; or two or more persons who 
are at least 62 years of age living together; or one or more persons 
who are at least 62 years of age living with one or more live-in aides.
    Family includes but is not limited to:
    (1) A family with or without children (the temporary absence of a 
child from the home due to placement in foster care shall not be 
considered in determining family composition and family size);
    (2) An elderly family;
    (3) A near-elderly family;
    (4) A disabled family;
    (5) A displaced family;
    (6) The remaining member of a tenant family; and
    (7) A single person who is not an elderly or displaced person, or a 
person with disabilities, or the remaining member of a tenant family.
    Live-in aide means a person who resides with one or more elderly 
persons, or near-elderly persons, or persons with disabilities, and 
who:
    (1) Is determined to be essential to the care and well-being of the 
persons;
    (2) Is not obligated for the support of the persons; and
    (3) Would not be living in the unit except to provide the necessary 
supportive services.
    Near-elderly family means a family whose head, spouse, or sole 
member is a person who is at least 50 years of age but below the age of 
62; or two or more persons, who are at least 50 years of age but below 
the age of 62, living together; or one or more persons who are at least 
50 years of age but below the age of 62 living with one or more live-in 
aides.


Sec. 5.405  Basic eligibility; preference over single persons; and 
housing assistance limitation for single persons.

    (a) Basic eligibility. An applicant must meet all of the 
eligibility requirements of the housing assistance for which an 
application is made in order to obtain the housing assistance. At a 
minimum, the applicant must be a family, and must be income-eligible. 
Eligible applicants include single persons who are not elderly persons, 
or displaced persons, or persons with disabilities.
    (b) Preference over single persons. An applicant that is a one- or 
two-person elderly, disabled or displaced family, must be given a 
preference over an applicant that is a single person who is not an 
elderly or displaced person, or a person with disabilities, regardless 
of the applicant's Federal or local preferences.
    (c) Housing assistance limitation for single persons. A single 
person who is not an elderly or displaced person, or a person with 
disabilities, or the remaining member of a tenant family may not be 
provided:
    (1) For public housing and other project-based assistance, a 
housing unit with two or more bedrooms; or
    (2) For tenant-based assistance, housing assistance for which the 
family unit size exceeds the one-bedroom level.
    (d) This section shall not apply to the Section 8 Moderate 
Rehabilitation Program for Single Room Occupancy Dwellings for Homeless 
Individuals set forth at 24 CFR part 882, subpart H.

PART 812--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY 
BY SINGLE PERSONS

    3. The authority citation for part 812 continues to read as 
follows:

    Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).

Subpart A--[Removed and Reserved]

    4. Subpart A of part 812 is removed and reserved.
    5. In Sec. 812.5, paragraphs (a) and (b) are redesignated as 
paragraphs (b) and (c), respectively, and a new paragraph (a) is added, 
to read as follows:


Sec. 812.5  General.

    (a) Definitions. In addition to the definitions that appear at 
paragraph 3 of section 3(b) of the United States 

[[Page 5666]]
Housing Act of 1937 (the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5 
of this title, the following definitions apply to this subpart:
    Child. A member of the family, other than the family head or 
spouse, who is under 18 years of age.
    Citizen. A citizen or national of the United States.
    Evidence of citizenship or eligible immigration status. The 
documents which must be submitted to evidence citizenship or eligible 
immigration status. (See Sec. 812.6(b).)
    HA. A housing authority--both a public housing agency and an Indian 
housing authority.
    Head of household. The adult member of the family who is the head 
of the household for purposes of determining income eligibility and 
rent.
    INS. The U.S. Immigration and Naturalization Service.
    Mixed family. A family whose members include those with citizenship 
or eligible immigration status, and those without citizenship or 
eligible immigration status.
    National. A person who owes permanent allegiance to the United 
States, for example, as a result of birth in a United States territory 
or possession.
    Noncitizen. A person who is neither a citizen nor national of the 
United States.
    Responsible entity. The person or entity responsible for 
administering the restrictions on providing assistance to noncitizens 
with ineligible immigration status:
    (1) For the Section 8 Rental Certificate, the Section 8 Rental 
Housing Voucher, and the Section 8 Moderate Rehabilitation programs, 
the housing authority (HA) administering the program under an ACC with 
HUD.
    (2) For all other Section 8 programs, the owner.
    Section 214. Section 214 of the Housing and Community Development 
Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD 
from making financial assistance available for noncitizens unless they 
meet one of the categories of eligible immigration status specified in 
Section 214.
    Section 214 covered programs. Programs to which the restrictions 
imposed by Section 214 apply are programs that make available financial 
assistance pursuant to the United States Housing Act of 1937 (42 U.S.C. 
1437-1440), Section 235 or Section 236 of the National Housing Act (12 
U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s).
* * * * *

PART 912--DEFINITION OF FAMILY AND OTHER RELATED TERMS; OCCUPANCY 
BY SINGLE PERSONS

    6. The authority citation for part 912 continues to read as 
follows:

    Authority: 42 U.S.C. 1436a, 1437a, and 3535(d).

Subpart A--[Removed and Reserved]

    7. Subpart A of part 912 is removed and reserved.
    8. In Sec. 912.5, paragraphs (a) and (b) are redesignated as 
paragraphs (b) and (c), respectively, and a new paragraph (a) is added, 
to read as follows:


Sec. 912.5  General.

    (a) Definitions. In addition to the definitions that appear at 
paragraph 3 of section 3(b) of the United States Housing Act of 1937 
(the 1937 Act) (42 U.S.C. 1437a(b)(3)) and part 5 of this title, the 
following definitions apply to this subpart:
    Child. A member of the family, other than the family head or a 
spouse, who is under 18 years of age.
    Citizen. A citizen or national of the United States. Evidence of 
citizenship or eligible immigration status. The documents which must be 
submitted to evidence citizenship or eligible immigration status (see 
Sec. 912.6(b)).
    Head of household. The adult member of the family who is the head 
of the household for purposes of determining income eligibility and 
rent.
    Mixed family. A family whose members include those with citizenship 
or eligible immigration status, and those without citizenship or 
eligible immigration status.
    National. A person who owes permanent allegiance to the United 
States, for example, as a result of birth in a United States territory 
or possession.
    Noncitizen. A person who is neither a citizen nor national of the 
United States.
    Section 214. Section 214 of the Housing and Community Development 
Act of 1980, as amended (42 U.S.C. 1436a). Section 214 restricts HUD 
from making financial assistance available for noncitizens unless they 
meet one of the categories of eligible immigration status specified in 
Section 214.
    Section 214 covered programs. Programs to which the restrictions 
imposed by Section 214 apply are programs that make available financial 
assistance pursuant to the United States Housing Act of 1937 (42 U.S.C. 
1437-1440), Section 235 or Section 236 of the National Housing Act (12 
U.S.C. 1715z and 1715z-1) and Section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s).
* * * * *

PART 950--INDIAN HOUSING PROGRAMS

    9. The authority citation for part 950 continues to read as 
follows:

    Authority: 25 U.S.C. 450e(b); 42 U.S.C. 1437aa-1437ee, and 
3535(d).

    10. In Sec. 950.102, the definition of Applicant is added in 
alphabetical order, to read as follows:


Sec. 950.102  Definitions.

* * * * *
    Applicant means a person or a family that has applied for admission 
to a housing program under this part 950.
* * * * *
    11. In Sec. 950.301, paragraph (d) is revised, and a new paragraph 
(g) is added, to read as follows:


Sec. 950.301  Admission policies.

* * * * *
    (d) Preference over single persons. An applicant that is a one or 
two person elderly, disabled or displaced family, must be given a 
preference over an applicant that is a single person who is not an 
elderly or displaced person, or a person with disabilities, regardless 
of the applicant's Federal or local preferences.
* * * * *
    (g) Housing assistance limitation for single persons. A single 
person who is not an elderly or displaced person, or a person with 
disabilities, or the remaining member of a tenant family may not be 
provided a housing unit with two or more bedrooms.
    12. In Sec. 950.303, paragraph (b)(1)(ii) is revised to read as 
follows:


Sec. 950.303  Selection preferences.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Singles preference. See Sec. 950.301(d).
* * * * *

PART 982--SECTION 8 TENANT-BASED ASSISTANCE: UNIFIED RULE FOR 
TENANT-BASED ASSISTANCE UNDER THE SECTION 8 RENTAL CERTIFICATE 
PROGRAM AND THE SECTION 8 RENTAL VOUCHER PROGRAM

    13. The authority citation for part 982 continues to read as 
follows:

    Authority: 42 U.S.C. 1437f and 3535(d).

    14. In Sec. 982.207, paragraph (d) is revised, to read as follows: 
    
[[Page 5667]]



Sec. 982.207  Waiting list: Use of preferences.

* * * * *
    (d) Primary preference. An HA must give preference to an applicant 
that is a one or two person elderly, disabled or displaced family over 
an applicant that is a single person who is not elderly, disabled, or 
displaced, regardless of the applicant's Federal or local preferences.
* * * * *
    Dated: December 15, 1995.
Henry G. Cisneros,
Secretary.

[Note: The following appendix will not appear in the Code of Federal 
Regulations.]

Appendix--Definitions and Other General Requirements for Assistance 
Under the United States Housing Act of 1937

Section
1. Purpose.
2. Definitions
3. Eligibility; preferences; and unit size limitations.

    1. Purpose.
    The purpose of this guide is to present, in a single document, the 
statutory and regulatory definitions and other general requirements 
that apply to public and Indian housing and section 8 assistance under 
the United States Housing Act of 1937 (the 1937 Act). Although it 
presents the regulatory and statutory requirements in a combined 
format, this guide is a secondary source for these requirements. The 
Code of Federal Regulations (CFR), at 24 CFR, is the primary, governing 
source for regulatory requirements, and the 1937 Act is the primary, 
governing source for statutory requirements.
    2. Definitions
    The following definitions apply with respect to public housing and 
Section 8 housing assistance under the 1937 Act:
    Applicant means a person or a family that has applied for housing 
assistance.
    Disabled family means a family whose head, spouse, or sole member 
is a person with disabilities; or two or more persons with disabilities 
living together; or one or more persons with disabilities living with 
one or more live-in aides.
    Displaced family means a family in which each member, or whose sole 
member, is a person displaced by governmental action, or a person whose 
dwelling has been extensively damaged or destroyed as a result of a 
disaster declared or otherwise formally recognized pursuant to Federal 
disaster relief laws.
    Displaced person means a person displaced by governmental action, 
or a person whose dwelling has been extensively damaged or destroyed as 
a result of a disaster declared or otherwise formally recognized 
pursuant to Federal disaster relief laws.
    Elderly family means a family whose head, spouse, or sole member is 
a person who is at least 62 years of age; or two or more persons who 
are at least 62 years of age living together; or one or more persons 
who are at least 62 years of age living with one or more live-in aides.
    Elderly person means a person who is at least 62 years of age.
    Family includes but is not limited to:
    (a) A family with or without children (the temporary absence of a 
child from the home due to placement in foster care shall not be 
considered in determining family composition and family size);
    (b) An elderly family;
    (c) A near-elderly family;
    (d) A disabled family;
    (e) A displaced family;
    (f) The remaining member of a tenant family; and
    (g) A single person who is not an elderly or displaced person, or a 
person with disabilities, or the remaining member of a tenant family.
    Live-in aide means a person who resides with one or more elderly 
persons, or near-elderly persons, or persons with disabilities, and 
who:
    (a) Is determined to be essential to the care and well-being of the 
persons;
    (b) Is not obligated for the support of the persons; and
    (c) Would not be living in the unit except to provide the necessary 
supportive services.
    Near-elderly family means a family whose head, spouse, or sole 
member is a person who is at least 50 years of age but below the age of 
62; or two or more persons, who are at least 50 years of age but below 
the age of 62, living together; or one or more persons who are at least 
50 years of age but below the age of 62 living with one or more live-in 
aides.
    Near-elderly person means a person who is at least 50 years of age 
but below the age of 62.
    Person with disabilities includes the term disabled person and 
means a person who:
    (a) Has a disability as defined in section 223 of the Social 
Security Act;
    (b) Has a physical, mental, or emotional impairment that:
    (1) Is expected to be of long-continued and indefinite duration;
    (2) Substantially impedes his or her ability to live independently; 
and
    (3) Is of such a nature that such ability could be improved by more 
suitable housing conditions; or
    (c) Has a developmental disability as defined in section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6001(5)).
    The term ``person with disabilities'' does not exclude persons who 
have the disease of acquired immunodeficiency syndrome or any 
conditions arising from the etiologic agent for acquired 
immunodeficiency syndrome.
    3. Basic eligibility; preference over single persons; and housing 
assistance limitation for single persons.
    (a) Basic eligibility. An applicant must meet all of the 
eligibility requirements of the housing assistance for which an 
application is made in order to obtain the housing assistance. At a 
minimum, the applicant must be a family, and must be income-eligible. 
Eligible applicants include single persons who are not elderly persons, 
or displaced persons, or persons with disabilities.
    (b) Preference over single persons. An applicant that is a one or 
two person elderly, disabled or displaced family, must be given a 
preference over an applicant that is a single person who is not an 
elderly or displaced person, or a person with disabilities, regardless 
of the applicant's Federal or local preferences.
    (c) Housing assistance limitation for single persons. A single 
person who is not an elderly or displaced person, or a person with 
disabilities, or the remaining member of a tenant family may not be 
provided:
    (1) For public housing and other project-based assistance, a 
housing unit with two or more bedrooms, or
    (2) For tenant-based assistance, housing assistance for which the 
family unit size exceeds the one bedroom level.
    (d) This section shall not apply to the Section 8 Moderate 
Rehabilitation Program for Single Room Occupancy Dwellings for Homeless 
Individuals set forth at 24 CFR part 882, subpart H.

[FR Doc. 96-3101 Filed 2-12-96; 8:45 am]
BILLING CODE 4210-32-P