982.401 24 CFR Ch. IX (5 1 01 Edition)

1 58624 cfr ch . IX (5 1 01 Edition) the portable family. The amount ofthe housing assistance payment for aportable family in the receiving PHAprogram is determined in the samemanner as for other families in the re-ceiving PHA program.(3) The initial PHA must promptlyreimburse the receiving PHA for 80 per-cent of the initial PHA on-going ad-ministrative fee for each unit monththat the family receives assistanceunder the tenant-based programs fromthe receiving PHA. If both PHAs agree,the PHAs may negotiate a differentamount of reimbursement.

2 (4) HUD may reduce the administra-tive fee to an initial or receiving PHAif the PHA does not comply with HUDportability requirements.(5) In administration of portability,the initial PHA and the receiving PHAmust comply with financial proceduresrequired by HUD, including the use ofHUD-required billing forms. The initialand receiving PHA must comply withbilling and payment deadlines underthe financial procedures.(6) a PHA must manage the PHA ten-ant-based program in a manner thatensures that the PHA has the financialability to provide assistance for fami-lies that move out of the PHA programunder the portability procedures thathave not been absorbed by the receiv-ing PHA, as well as for families thatremain in the PHA program.

3 (7) When a portable family moves outof the tenant-based program of a re-ceiving PHA that has not absorbed thefamily, the PHA in the new jurisdic-tion to which the family moves be-comes the receiving PHA, and the firstreceiving PHA is no longer required toprovide assistance for the family.(f) Portability funding. (1) HUD maytransfer funds for assistance to port-able families to the receiving PHAfrom funds available under the initialPHA ACC.(2) HUD may provide additional fund-ing ( , funds for incremental units)to the initial PHA for funds transferredto a receiving PHA for portability pur-poses.

4 (3) HUD may provide additional fund-ing ( , funds for incremental units)to the receiving PHA for absorption ofportable families.(4) HUD may require the receivingPHA to absorb portable families.[60 FR 34695, July 3, 1995, as amended at 61FR 27163, May 30, 1996; 64 FR 26646, May 14,1999; 64 FR 56914, Oct. 21, 1999]Subpart I Dwelling Unit: HousingQuality Standards, SubsidyStandards, Inspection andMaintenanceSOURCE: 60 FR 34695, July 3, 1995, unlessotherwise noted. Housing quality standards(HQS).

5 (a) Performance and acceptability re-quirements. (1) This section states thehousing quality standards (HQS) forhousing assisted in the programs.(2)(i) The HQS consist of:(A) Performance requirements; and(B) Acceptability criteria or HUD ap-proved variations in the acceptabilitycriteria.(ii) This section states performanceand acceptability criteria for these keyaspects of housing quality:(A) Sanitary facilities;(B) Food preparation and refuse dis-posal;(C) Space and security;(D) Thermal environment;(E) Illumination and electricity;(F) Structure and materials;(G) Interior air quality;(H) Water supply;(I) Lead-based paint;(J) Access;(K) Site and neighborhood;(L) Sanitary condition; and(M) Smoke detectors.

6 (3) All program housing must meetthe HQS performance requirementsboth at commencement of assisted oc-cupancy, and throughout the assistedtenancy.(4)(i) In addition to meeting HQS per-formance requirements, the housingmust meet the acceptability criteriastated in this section, unless variationsare approved by HUD.(ii) HUD may approve acceptabilitycriteria variations for the followingpurposes:(A) Variations which apply standardsin local housing codes or other codesadopted by the PHA; orVerDate 11<MAY>2000 13:27 May 16, 2001 Jkt 194077 PO 00000 Frm 00586 Fmt 8010 Sfmt 8010 Y:\SGML\ pfrm09 PsN: 194077T587 Office of the Assistant Secretary, HUD (B) Variations because of local cli-matic or geographic conditions.

7 (iii) Acceptability criteria variationsmay only be approved by HUD pursu-ant to paragraph (a)(4)(ii) of this sec-tion if such variations either:(A) Meet or exceed the performancerequirements; or(B) Significantly expand affordablehousing opportunities for families as-sisted under the program.(iv) HUD will not approve any accept-ability criteria variation if HUD be-lieves that such variation is likely toadversely affect the health or safety ofparticipant families, or severely re-strict housing choice.(b) Sanitary facilities (1) Performancerequirements.

8 The dwelling unit mustinclude sanitary facilities located inthe unit. The sanitary facilities mustbe in proper operating condition, andadequate for personal cleanliness andthe disposal of human waste. The sani-tary facilities must be usable in pri-vacy.(2) Acceptability criteria. (i) The bath-room must be located in a separate pri-vate room and have a flush toilet inproper operating condition.(ii) The dwelling unit must have afixed basin in proper operating condi-tion, with a sink trap and hot and coldrunning water.

9 (iii) The dwelling unit must have ashower or a tub in proper operatingcondition with hot and cold runningwater.(iv) The facilities must utilize an ap-provable public or private disposal sys-tem (including a locally approvableseptic system).(c) Food preparation and refuse dis-posal (1) Performance requirement. (i)The dwelling unit must have suitablespace and equipment to store, prepare,and serve foods in a sanitary manner.(ii) There must be adequate facilitiesand services for the sanitary disposalof food wastes and refuse, including fa-cilities for temporary storage wherenecessary ( , garbage cans).

10 (2) Acceptability criteria. (i) The dwell-ing unit must have an oven, and astove or range, and a refrigerator of ap-propriate size for the family. All of theequipment must be in proper operatingcondition. The equipment may be sup-plied by either the owner or the microwave oven may be substitutedfor a tenant-supplied oven and stove orrange. A microwave oven may be sub-stituted for an owner-supplied oven andstove or range if the tenant agrees andmicrowave ovens are furnished insteadof an oven and stove or range to bothsubsidized and unsubsidized tenants inthe building or premises.