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§960.503. Occupancy by over-income families.

24 C.F.R. § 960.503

A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), in accordance with its PHA annual plan (or supporting documents), if all the following conditions are satisfied:
(a)
There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family;
(b)
The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over-income family;
(c)
The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit;
(d)
The lease to the over-income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and
(e)
The PHA gives the over-income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family.
Notes, amendments, and revision history

Source

Source: 65 FR 16729, Mar. 29, 2000, unless otherwise noted.

Authority

Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z-3, and 3535(d).

Source

Source: 40 FR 33446, Aug. 8, 1975, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 23, 1984.