Shared Supports: Housing Options with Roommate Sharing Housing

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Shared Supports: Housing Options with Roommate Sharing Housing SharedSupports: Housing Options with Roommate Sharing Housing options available to roommates: "family" HUD policies do not mandatethat a that receivesSection 8 housingassistance be relatedto one another,however, each Public Housing Authority (PHA) has the right to determine what the definition of a "family" is. HUD providesguidelines (Chapter 5 of the Housing Choice VoucherProgram Guidebook),but eachPHA has discretionwithin thoseguidelines. Waiver participantsin the NOW who wish to be roommatesand apply for one voucher together may do so (assuming it is approvedby the PHA). All roommatesin a home must provide their income information on the applicationfor the "family" "household". voucher,as they would be considereda or CHAPTER5 ELIGIBILITYAND DENIAL OF ASSISTANCE Definition of Family Program Requirements Each applicant for assistanceunder the housing choice voucher program must meet the PHA's definition of family. Within guidelines provided by HUD, a PHA has discretion in its definition of what constitutes a family. A family is either a singleperson or a group of personsand includes: r I householdwith or without children.A child who is temporarily away from home due to placementin foster care shouldbe considereda memberof the family. An elderly family, which is defined as a family whosehead, co-head, spouse, or sole member is at least62 yearsof age;or two or more persons,each of whom are at least62,living together;or one or more personswho are at least62 living with one or more live-in aides. r { disabled family, which means a family whose head, co-head, spouse,or sole member is a person with disabilities; or two or more personswith disabilities; or one or more personswith disabilities with one or more live-in aides. r d displacedfamily, which is a family in which eachmember or the sole member is a persondisplaced by govemmentalaction, or whosedwelling hasbeen extensively damaged or destroyedas a result of a disasterdeclared or otherwiseformally recognizedby federaldisaster relief laws. r d remainingmember of a tenantfamily is a family memberof an assistedtenant family who remainsin the unit when other membersof the family have left the unit. A single personwho is not an elderly or displacedperson, or a personwith disabilities,or the remainingmember of a tenantfamily. "tenant-based" "project-based". Section8 assistanceunder HUD may be or In project-based programs,rental assistanceis paid for families who live in specifichousing developments or units (i.e., public housing).With tenant-basedassistance, the assistedunit or home is selectedby the family (i.e., "housing choicevoucher program"). To receivetenant-based assistance, the participantor family selects a suitable unit or home. The participant or family is free to chooseany housing that meets the requirementsof the program and is not limited to units locatedin subsidizedhousing projects. After approving the tenancy, the public housing authority (PHA) entersinto a contract in which a housing subsidyis paid to the landlord directly by the public housingauthority on behalf of the participating family. The family then pays the difference betweenthe actual rent chargedby the landlord and the amountsubsidized by the program.The PHA contractwith the owner/landlordonly coversa single unit and a specific assistedfamily. If the family moves out of the leasedunit, the contract with the owner terminates.However, HUD is aware that a family's housingneeds change over time with changesin family size,job locations,and for other reasons.The housingchoice voucher program is designedto allow families to move without the loss of housingassistance. Moves are permissibleas long as the family notifies the PHA aheadof time, terminatesits existing leasewithin the leaseprovisions, and finds acceptablealternate housing. Under certaincircumstance, the PHA may set limits on moves for a given family. Under certaincircumstances, if authorizedby the PHA, a family may use its voucherto purchase a modesthome. $ 982.314Move with continuedtenant-based assistance. (a) Appticabitity. This section stateswhen a participant family may move to a new unit with continued tenant-based assistance:(b) Whenfamitymay move.A family may move to a new unit it (l) The assistedlease for the old unit has terminated.This includesa terminationbecause: (i) The PHA hasterminated the HAP contractfor the owner's breach;or (ii) The leasehas terminated by mutual agreementof the owner and the tenant. (2) The owner has given the tenant a notice to yacate,or has commencedan actionto evict the tenant,or has obtaineda courtjudgment or other processallowing the owner to evict the tenant.(3)The tenanthas given notice of leasetermination (if the tenanthas aright to terminatethe leaseon notice to the owner, for owner breach or otherwise). (c) How mqny moves.(l) A participant family may move one or more times with continued assistanceunder the program, either inside the PHA jurisdiction, or under the portability procedures.(See $ 982.353) (2) The PHA may establish: (i) Policies that prohitit any move by the family during the initial leaseterm; and (ii) Policies that prohibit more than one move by the family dwing any one year period. (3) The PHA policies may apply to moveswithin the PHA jurisdiction by a participantfamily, and to movesby a participantfamily outsidethe PHA jurisdiction under portability procedures.(d) Notice thatfamity,oants to move.(l) If the family terminatesthe leaseon notice to the o*n"r, the familymust give the PHA a copy of the notice at the sametime. (2) If the family wants to move to a new unit, the family must notiff the PHA and the owner beforemoving from the old unit. If the family wants to move to a new unit that is locatedoutside the initial PHA jurisdiction, the noticeto the initial PHA must specif, the areawhere the family wants to move. Seeportability proceduresin subpartH of this part' (e) WhenPHA may diny pLrmission to moye. (1) The PHA may deny permission to move if the PHA does not have sufficient funding for continuedassistance. (2) At any time, the Pt{A may deny permissionto move in accordancewith $ 982.552 (grounds for denial or termination of assistance).[60 FR 34695,July 3, 1995,as amendedat 64FR 56913,Oct. 21, 19991 S 982.315Family break-up. assistancein the progtam 1al fne PHA has discretiorto determine which members of an assistedfamily continue to receive if the family breaksup. The PHA administrativeplan must statePHA policies on how to decidewho remainsin the program if the family breaksup... There are a variety of living options available to waiver participants individually, as well as waiver participantswith roommates. Thesespecial housing types discussedbelow may or may not be available in all regionsof Louisiana,as eachPHA decideswhich housingoptions it will offer SubpartM-special HousingTypes. SOURCE: 63 FR 23865, Apr. 30, 1998, unless otherwise noted. S982.601 Overview. ($ Specialhousing types. This subpartdescribes program requirements for specialhousing types. The following are the spec-ialhousing types:(l) Singleroom occupancy(SRO)housing; (2) Congregatehousing;(3) Group home;(4)Shared housing;(5)Cooperative (including mutual housing);(6)Manufactured home.(b) PHA choiceto offer special housingtype. (l) fhe PftA may permit a family to use any of the following specialhousing types in accordancewith requirementsof the program:single room occupancyhousing, congregate h-ousing, groupiome, sharedhousing or cooperativehousing.(2) In gen-eral,ttre pffA is not required to permit use of any of these special housing types in its program.(3) The PLIA must permit use ofany special housing type ifneeded as a reasonableaccommodation so that the program is readily accessibleto and usableby personswith disabilities in accordancewith 24 CFR part 8.(4) For occupancy of a manufacturedhome, see $ 2 982.620(a).(c)Family choice of housing and housing type. The PHA may not set aside program funding for special housing t)?es, or for a specificspecial housing type. The family chooseswhether to rent housingthat qualifies as a specialhousing type under this subpart,or as any specific specialhousing type, or to rent other eligible housingin accordancewith requirementsof the program.The PHA may not restrictthe family's freedomto chooseamong availableunits in accordance with$ 982.353.(d)Applicability of requirements.Except as modified by this subpart,requirements in the other subpartsof this part apply to the specialhousing types. Provisions in this subpartonly apply to a specificspecial housing type. The housingtype is noted in the title of eachsection. "Shared Another option available to roommates is the Housing" option in which a participant or "family" can share a house or unit with another resident. The other resident(s) with whom the participant sharesthe unit does not have to receive Section 8 assistance,as the landlord executes separateleases with each participant or family. Each participant may use their own voucher for the shared unit, which "common" covers use of their own private bedroom(s) as well as accessto and use of a shared or public space (kitchen, living room, etc.). A 0-bedroom or 1-bedroom unit cannot be used for shared housing. SHAREDHOUSING [24CFR 982.615 through 982.618] I5-IV.A. OVERVIEW Sharedhousing is a singlehousing unit occupiedby an assistedfamily andanother resident or residents.The sharedunit consistsof both commonspace for useby the occupantsof the unit andseparate private space for eachassisted family. An assistedfamily may sharea unit with otherpersons assisted under the HCV
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