Current through Reg. 50, No. 13; March 28, 2025
(a) Households assisted under the general
set-aside must participate in a self-sufficiency program, as described in the
Administrator's policies and procedures.
(b) The amount of assistance will be
determined using the HUD Housing Choice Voucher method.
(c) Late fees are not an eligible HOME cost.
Late fees incurred for the subsidy portion of rent must be paid by the
Administrator from a non-HOME funding source.
(d) A Household certifying to zero income
must also complete a questionnaire that includes a series of questions
regarding how basic hygiene, dietary, transportation, and other living needs
are met.
(e) The minimum Household
contribution toward gross monthly rent must be ten percent of the Household's
adjusted monthly income. The maximum Household contribution toward gross
monthly rent at initial occupancy is limited to 40 percent of the Household's
gross monthly income.
(f) Activity
funds are limited to:
(1) Rental subsidy:
Each rental subsidy term is limited to no more than 24 months. Total lifetime
assistance to a Household may not exceed 36 months cumulatively, except that a
maximum of 24 additional months of assistance, for a total of 60 months
cumulatively may be approved if:
(A) the
Household has applied for a Section 8 Housing Choice Voucher, HUD Section 811
Supportive Housing for Persons with Disabilities, HUD Section 811 Project
Rental Assistance Demonstration, or HUD Section 202 Supportive Housing for the
Elderly Program, and is placed on a waiting list during their TBRA
participation tenure; and
(B) the
Household has not been removed from the waiting list for the Section 8 Housing
Choice Voucher, HUD Section 811 Supportive Housing for Persons with
Disabilities, HUD Section 811 Project Rental Assistance Demonstration, or HUD
Section 202 Supportive Housing for the Elderly Program due to failure to
respond to required notices or other ineligibility factors; or
(C) the Administrator submits documentation
evidencing that:
(i) no Public Housing
Authority within a 50 mile radius of the Household's address during their
participation in TBRA has opened their waitlist during the term of the
Household's participation in TBRA, or has excluded the Household's application
for placement on the waiting list for any reason other than eligibility or
failure to respond to required notices, such as a randomized drawing of
applications that may be placed on the waitlist; and
(ii) no waiting list was opened during the
term of the Household's participation in TBRA for any HUD Section 811
Supportive Housing for Persons with Disabilities, HUD Section 811 Project
Rental Assistance Demonstration, or HUD Section 202 Supportive Housing for the
Elderly Program located within a 50 mile radius of the Household's address
during their participation in TBRA; or
(iii) the Household is not eligible for
placement on a waiting list for any HUD Section 811 Supportive Housing for
Persons with Disabilities, HUD Section 811 Project Rental Assistance
Demonstration, or HUD Section 202 Supportive Housing for the Elderly Program
located within a 50 mile radius of the Household's address during their
participation in TBRA; and
(D) the Household has not been denied
participation in the Section 8 Housing Choice Voucher, HUD Section 811
Supportive Housing for Persons with Disabilities, HUD Section 811 Project
Rental Assistance Demonstration, or HUD Section 202 Supportive Housing for the
Elderly Program while they were being assisted with HOME TBRA; and
(E) the Household did not refuse to
participate in the Section 8 Housing Choice Voucher, HUD Section 811 Supportive
Housing for Persons with Disabilities, HUD Section 811 Project Rental
Assistance Demonstration, or HUD Section 202 Supportive Housing for the Elderly
Program when a voucher was made available.
(2) Security deposit: no more than the amount
equal to two month's rent for the unit.
(3) Utility deposit in conjunction with a
TBRA rental subsidy.
(g)
The payment standard is determined at the Date of Assistance. The payment
standard utilized by the Administrator must be:
(1) The U.S. Department of Housing and Urban
Development (HUD) published Small Area Fair Market Rent (SAFMR) for any area in
which a SAFMR is available. In areas where an SAFMR is not published by HUD,
the payment standard must be the HUD-published Fair Market Rent (FMR) for the
county. HUD-published SAFMRs and FMRs will become effective for the HOME
Program on January 1 of each year following publication;
(2) For a HOME-assisted unit, the current
applicable HOME rent; or
(3) The
Administrator may submit a written request to the Department for approval of a
different payment standard. The request must be evidenced by a market study or
documentation that the PHA serving the market area has adopted a different
payment standard. An Administrator may request a Reasonable Accommodation as
defined in §
1.204 of this Title for a specific
Household if the Household, because of a disability, requires the features of a
specific unit, and units with such features are not available in the Service
Area at the payment standard.
(h) Administrator must not approve a unit if
the owner is by consanguinity, affinity, or adoption the parent, child,
grandparent, grandchild, sister, or brother of any member of the assisted
Household, unless the Administrator determines that approving the unit would
provide Reasonable Accommodation for a Household member who is a Person with
Disabilities. This restriction against Administrator approval of a unit only
applies at the time the Household initially receives assistance under a
Contract or Agreement, but does not apply to Administrator approval of a
recertification with continued tenant-based assistance in the same
unit.
(i) Administrators must
maintain Written Policies and Procedures established for the HOME Program in
accordance with §
10.802 of this Title, except that
where the terms Owner, Property, or Development are used Administrator or
Program will be substituted, as applicable. Additionally, the procedures in
subsection (j) of this section (relating to the Violence Against Women Act (if
in conflict with the provisions in §
10.802 of this Title) will
govern).
(j) Administrators serving
a Household under a Reservation Agreement may not issue a Certificate of
Eligibility to the Household prior to reserving funds for the Activity without
prior written consent of the Department.
(k) Administrators are required to comply
with regulations and procedures outlined in the Violence Against Women Act
(VAWA), and provide tenant protections as established in the Act.
(1) An Administrator of Tenant-Based Rental
Assistance must provide all Applicants (at the time of admittance or denial)
and Households (before termination from the Tenant-Based Rental Assistance
program or from the dwelling assisted by the Tenant-Based Rental Assistance
Coupon Contract) the Department's "Notice of Occupancy Rights under the
Violence Against Women Act", (based on HUD form 5380) and also provide to
Households "Certification of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking" (HUD form 5382) prior to execution of a Rental Coupon
Contract and before termination of assistance from the Tenant-Based Rental
Assistance program or from the dwelling assisted by the Tenant-Based Rental
Assistance coupon contract.
(2)
Administrator must notify the Department within three days when tenant submits
a Certification of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking and/or alternate documentation to Administrator and must submit a plan
to Department for continuation or termination of assistance to affected
Household members.
(3)
Notwithstanding any restrictions on admission, occupancy, or terminations of
occupancy or assistance, or any Federal, State or local law to the contrary,
Administrator may "bifurcate" a rental coupon contract, or otherwise remove a
Household member from a rental coupon contract, without regard to whether a
Household member is a signatory, in order to evict, remove, terminate occupancy
rights, or terminate assistance to any individual who is a recipient of TBRA
and who engages in criminal acts of physical violence against family members or
others. This action may be taken without terminating assistance to, or
otherwise penalizing the person subject to the violence.
