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HUD Housing Programs: Tenants’ Rights (The Green Book): 10.5 Challenging Citizenship Eligibility Determinations

A non-citizen applicant, tenant, or program participant determined ineligible due to citizenship status is entitled to a hearing to contest that determination.

Tenants. The applicable hearing rights for tenants vary by specific program. For public housing tenants, the hearing procedure is the grievance procedure, and for voucher tenants, the hearing procedure is the informal hearing.207

HUD Housing Programs: Tenants’ Rights (The Green Book): A

Active Partners Participation System (APPS): HUD automated filing system by which applicants for financial assistance disclose past participation in HUD’s multifamily housing mortgage insurance programs. See 24 C.F.R. pt. 200, subpt. H. This system replaces form HUD 2530 Previous Participation Certificate.

HUD Housing Programs: Tenants’ Rights (The Green Book): B

Brooke Amendment: A federal law, first enacted in 1969, that limits tenants’ rent payments, including utilities, to a percentage of income. When first enacted the limit was 25 percent of adjusted income. The current limit is 30 percent of adjusted income.

HUD Housing Programs: Tenants’ Rights (The Green Book): C

Capital fund: Funding for public housing that is appropriated annually by Congress and that HUD distributes to public housing agencies based on a formula. The capital fund can be used for modernization, including developing, rehabilitating, and demolishing units; replacement housing; and management improvements.

HUD Housing Programs: Tenants’ Rights (The Green Book): D

Demolition: The razing, in whole or in part, of one or more permanent buildings of a public housing project.

Department Enforcement Center (DEC): Part of HUD’s office of General Counsel, the center focuses on assuring the highest standards of ethics, management and accountability in the resolution of HUD’s troubled multifamily and single-family properties.

HUD Housing Programs: Tenants’ Rights (The Green Book): E

Emergency Low-Income Housing Preservation Act of 1987 (ELIHPA): Title II of the Housing and Community Development Act of 1987, which established two-year restrictions upon owners’ rights to prepay HUD-insured or HUD-held mortgages, which would have otherwise been eligible for prepayment without HUD approval. Codified at 12 U.S.C. § 1715l.

HUD Housing Programs: Tenants’ Rights (The Green Book): H

Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH): A law amending and reauthorizing the McKinney-Vento Homeless Assistance Act. HEARTH consolidated several of HUD’s homeless assistance programs and amended HUD’s definition of homelessness.

HUD Housing Programs: Tenants’ Rights (The Green Book): I

Income Deduction: HUD program regulations specify the types and amounts of income and deductions to be included in the calculation of annual and adjusted income. These can include deductions for child care expenses, medical expenses, and senior/disabled/minor tenants.

Income Exclusion: Certain funds received from specific sources from household income that are not counted as income for rent calculation purposes.

HUD Housing Programs: Tenants’ Rights (The Green Book): L

Lead Safe Housing Rule: A HUD rule that applies to all HUD-assisted and owned housing that prescribes lead-based paint abatement or removal when a development receives financial assistance.

Lead-Based Paint Disclosure Rule: A rule promulgated by HUD and the Environmental Protection Agency that requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978. See 24 C.F.R. pt. 35.

HUD Housing Programs: Tenants’ Rights (The Green Book): M

Management Improvement and Operating (MIO) Plan: A plan that must be completed by owners of developments that seek HUD financial assistance under the HUD Flexible Subsidy Program (i.e. Operating Assistance and Capital Improvement Loan Program). The plan lists the actions that owners will take to rectify problems and deficiencies identified in the development.

HUD Housing Programs: Tenants’ Rights (The Green Book): N

National Alliance of HUD Tenants (NAHT): A tenant-controlled alliance of tenant organizations in privately owned, multifamily HUD-assisted housing. The organization promotes the preservation of affordable housing, protection of tenants’ rights, and tenant ownership and control of HUD multifamily housing.

HUD Housing Programs: Tenants’ Rights (The Green Book): R

Real Estate Assessment Center (REAC): HUD office that is responsible for evaluating the financial and physical condition of all the public and assisted housing developments funded by HUD. It is also responsible for taking action against troubled public and assisted housing developments that fail the financial and physical inspections standards.

HUD Housing Programs: Tenants’ Rights (The Green Book): S

Schumer Amendment: An amendment to HUD appropriations acts, first introduced by Senator Schumer, that restricts HUD’s authority to terminate project-based assistance contracts when HUD is foreclosing or disposing HUD-owned properties.

HUD Housing Programs: Tenants’ Rights (The Green Book): T

Tenant Rental Assistance Certification System (TRACS): A HUD computer system developed to help improve financial controls over assisted housing programs. It maintains a secure database of housing assistance payment information for properties and individuals receiving HUD financial assistance.

HUD Housing Programs: Tenants’ Rights (The Green Book): U

Uniform Relocation Act (URA): Formally titled the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs, this statute was enacted in 1970. It establishes minimum standards for federally funded projects that involve property acquisition or displacement of people. The intent of the URA is to provide fair and equitable treatment of persons whose real property is acquired or who are displaced in connection with federally funded project.