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12 ' <br /> Federal Register ! Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 11957 <br /> 891.635 Security deposits. shall be used for the purposes described rehabilitated,or acquired as permanent <br /> 891.640 Adjustment of rents. in Section 202(12 U.S.C. 1701q(b)). residences for use by elderly or disabled <br /> 891.645 Adjustment of utility allowances. (2) Supportive Housing for Persons households,as applicable.The term <br /> 891.650 Conditions for receipt of vacancy with Disabilities.A capital advance and includes necessary community space. <br /> payments for assisted units. contract for project rental assistance Except for intermediate care facilities <br /> Section 202-Projects for the Nonelderly provided under this program shall be for individuals with developmental <br /> Handicapped Families and Individuals- used for the purposes described in disabilities,this term does not Include <br /> Section 162 Assistance Section 811 (42 U.S.C.8013(b)). nursing homes,hospitals,intermediate <br /> 891.655 Definitions applicable to 202/162 (c) Use of capital advance funds.No care facilities,or transitional care <br /> projects. part of the funds reserved may be facilities. For the Loans for the Elderly <br /> 891.660 Project standards. transferred by the Sponsor,except to the and Persons with Disabilities Program, <br /> 891.665 Project size limitations. Owner caused to be formed by the see§891.505. <br /> 891.670 Cost containment and modest Sponsor.This action must be Low-income families shall have the <br /> design standards. accomplished prior to issuance of a <br /> 891.675 Prohibited facilities. p p same meaning provided in section <br /> 891.680 Site and neighborhood standards. commitment for capital advance 3(b)(2)of the United States Housing Act <br /> 891.685 Prohibited relationships. funding. of 1937 (42 U.S.C. 1437a). <br /> 891.690 Other Federal requirements. (d)Amendments.Subject to the National Sponsor means a Sponsor <br /> 891.695 Operating cost standards. availability of funds,HUD may amend that has one or more Section 202 or one <br /> 891.700 Prepayment of loans. Ahe amount of an approved capital or more Section 811 project(s) under <br /> 891.705 Project assistance contract. advance only after initial closing has reservation,constriction,or <br /> 891.710 Term of PAC. occurred. management In two or more different <br /> 891.715 Maximum annual commitment and <br /> project account. 1891.105 Definitions. HUD geographical regions. <br /> 891.720 Leasing to eligible families. The following definitions apply,as Operating costs means HUD-approved <br /> 891.725 PAC administration. appropriate,throughout this part.Other expenses related to the provision of <br /> 891.730 Default by Borrower. housing and includes: <br /> 891.735 Notice u expiration.on PAC a terms with definitions unique to the <br /> p xp (1)Administrative expenses, <br /> 891.740 Responsibilities of Borrower. Particular program are defined in <br /> sP including salary and management <br /> 891.745 Replacement reserve. §§891.205,891.305,and 891.505,as uses related to the provision of <br /> 891.750 Selection and admission of tenants. applicable. shelter ex and,in the case of the of 891.755 Obligations of the family. Af Bated entities means entities that <br /> 891.760 Overcrowded and underoccupied the field office determines to be related 202 Program,the coordination of <br /> units. to each other in such a manner that it services; <br /> 891.765 Lease requirements. is appropriate to treat them as a single (2)Maintenance expenses,including <br /> 891.770 Termination of tenancy and entity.Such relationship shall include routine and minor repairs and <br /> modification of lease. any identity of interest among such groundskeeping; <br /> 891.775 Security deposits. entities or their principals and the use (3)Security expenses; <br /> 891.780 Adjustment of rents. by any otherwise unaffiliated entities of (4) Utilities expenses,including gas, <br /> 891.785 Adjustment of utility allowances. oil,electricity,water,sewer,trash <br /> 891.790 Conditions for receipt of vacancy a single Sponsor or of Sponsors(or of tJ'� <br /> payments for assisted units. a single Borrower or of Borrowers,as removal,and extermination services. <br /> Authority: 12 U.S.C. 1701q;42 U.S.C. applicable)that have any identity of The term"operating costs"excludes <br /> 1437f,3535(d),and 8013. interest themselves or their principals. telephone services for households; <br /> Annual income is defined in part 813 (5)Taxes and insurance; <br /> Subpart A-General Program of this chapter.In the case of an (6)Allowances for reserves;and <br /> Requirements individual residing in an intermediate (7)Allowances for services(in the <br /> care facility for the developmentally Section 202 Program only). <br /> 9891.100 Purpose and policy. disabled that is assisted under title XIX Project rental assistance contract <br /> (a) Purpose.The Section 202 Program of the Social Security Act and this part, (PRAC)means the contract entered into <br /> of Supportive Housing for the Elderly the annual income of the individual by the Owner and HUD setting forth the <br /> and the Section 811 Program of shall exclude protected personal income rights and duties of the parties with <br /> Supportive Housing for Persons with as provided under that Act.For the respect to the project and the payments <br /> Disabilities provide Federal capital purposes of determining the total tenant under the PRAC_ <br /> advances and project rental assistance payment,the income of such Project rental assistance payment <br /> under section 202 of the Housing Act of individuals shall be imputed to be the means the payment made by HUD to the <br /> 1959(12 U.S.C. 1701q) (section 202)and amount that the household would Owner for assisted units as provided in <br /> section 811 of the National Affordable receive if assisted under title XVI of the the PRAC.The payment is the <br /> Housing Act(42 U.S.C.8013) (section Social Security Act. difference between the total tenant <br /> 811),respectively,for housing projects Household(eligible household)means payment and the HUD-approved per <br /> serving elderly households and persons an elderly or disabled household (as unit operating expenses except for <br /> with disabilities.Section 202 projects defined in§§891.205 or 891.305, expenses related to items not eligible <br /> shall provide a range of services that are respectively),as applicable,that meets under design and cost provisions.An <br /> tailored to the needs of the residents. the project occupancy requirements additional payment is made to a <br /> Owners of Section 811 projects shall approved by HUD and, if the household household occupying an assisted unit <br /> ensure that the residents are provided occupies an assisted unit,meets the when the utility allowance is greater <br /> with any necessary supportive services very low-income requirements than the total tenant payment.A project <br /> that address their individual needs. described in§813.102 of this chapter,as rental assistance payment,known as a <br /> (b) General policy. (1) Supportive modified by the definition of annual "vacancy payment,"may be made to the <br /> Housing for the Elderly.A capital income in this section. Owner when an assisted unit is vacant, <br /> advance and contract for project rental Housing and related facilities means in accordance with the terms of the <br /> assistance provided under this program rental housing structures constructed, PRAC. <br />