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<br /> Federal Register / Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 11965
<br /> Any remaining project funds in the maintain a written,chronological housing and/or services provided r
<br /> project funds account(including earned waiting list showing the name,race, re ardless of the person's disability.
<br /> Interest)following the expiration of the gender,ethnicity,and date of each 1d) Unit assignment.If the Owner
<br /> fiscal year shall be deposited in a person applying for the program. determines that the household is
<br /> Federally-insured residual receipts (b)Application for admission.The eligible and Is otherwise acceptable and
<br /> account within 60 days following the Owner must accept applications for units(or residential spaces In a group
<br /> end of the fiscal year.Withdrawals from admission to the project in the form home)are available,the Owner will
<br /> this account may be made only for prescribed by HUD,and(under the assign the household a unit or
<br /> project purposes and with the approval Section 202 Program only) is obligated residential space in a group home.If the
<br /> of HUD.If there are funds remaining in to confirm all information provided by household will occupy an assisted unit,
<br /> the residual receipts account when the applicant families on the application. the Owner will assign the household a
<br /> mortgage is satisfied,such funds shall Applicant households applying for unit of the appropriate size in
<br /> be returned to HUD. assisted units(or residential spaces in a accordance with HUD's general
<br /> (f)Reports.The Owner shall submit group home)must complete a occupancy guidelines.If no suitable
<br /> such reports as HUD may prescribe to certification of eligibility as part of the unit(or residential space In a group
<br /> demonstrate compliance with application for admission.Applicant home) is available,the Owner will place
<br /> applicable civil rights and equal households must meet the disclosure the household on a waiting list for the
<br /> opportunity requirements.See and verification requirements for Social project and notify the household when
<br /> §891.410(a). Security Numbers,as provided by 24 a suitable unit or residential space may
<br /> (Approved by the Office of Management and CFR part 5,subpart B.Applicant become available.If the waiting list is so
<br /> Budget under control number 2502-0470) families must sign and submit consent long that the applicant would not be
<br /> fortes for the obtaining of wage and likely to be admitted for the next 12
<br /> §891.405 Replacement reserve. claim information from State Wage months,the Owner may advise the
<br /> (a) Establishment of reserve.The Information Collection Agencies,as applicant that no additional
<br /> Owner shall establish and maintain a provided by 24 CFR part 5,subpart B. applications for admission are being
<br /> replacement reserve to aid in funding Both the Owner and the applicant considered for that reason.
<br /> extraordinary maintenance and repair household must complete and sign the (e)Ineligibility determination.If the
<br /> and replacement of capital items. application for admission.On request, Owner determines that an applicant is
<br /> (b) Deposits to reserve.The Owner the Owner must furnish copies of all ineligible for admission or the Owner is
<br /> shall make monthly deposits to the appplications for admission to HUD. not selecting the applicant for other
<br /> replacement reserve in an amount (c)Determination of eligibility and reasons,the Owner will promptly notify
<br /> determined by HUD. selection of tenants. (1)The Owner is the applicant In writing of the
<br /> (c)Level of reserve.The reserve must responsible for determining whether determination,the reasons for the
<br /> be built up to and maintained at a level applicants are eligible for admission and determination,and the applicant's right
<br /> determined by HUD to be sufficient to for the selection of households.To be to request a meeting to review the
<br /> meet projected requirements.Should eligible for admission,an applicant rejection,in accordance with HUD
<br /> the reserve reach that level,the amount must be an elderly person or a person requirements.The review,if requested,
<br /> of the deposit to the reserve may be with disabilities,as applicable(as may not be conducted by a member of
<br /> reduced with the approval of HUD. defined in§§891.205 and 891.305, the Owner's staff who made the initial
<br /> (d)Administration of reserve. respectively);must meet the disclosure decision to reject the applicant.The
<br /> Replacement reserve funds must be and verification requirements for Social applicant may also exercise other rights
<br /> deposited with HUD or in a Federally- Security Numbers,as provided by 24 (e.g.,rights granted under Federal,State
<br /> insured depository in an interest- CFR part 5,subpart B;must sign and or local civil rights laws)if the applicant
<br /> bearing account(s)whose balances(s)are submit consent forms for the obtaining believes he or she is being discriminated
<br /> fully insured at all times.All earnings of wage and claim information from against on a prohibited basis.
<br /> including Interest on the reserve must State Wage Information Collection (f)Records.Records on applicants and
<br /> be added to the reserve.Funds may be Agencies,as provided by 24 CFR part 5, approved eligible households,which
<br /> drawn from the reserve and used only subpart B;and must be a very low- provide racial,ethnic,gender and place
<br /> In accordance with HUD guidelines and income family,as defined in§891.105. of previous residency data required by
<br /> with the approval of,or as directed by, (2)Under the Section 811 Program: HUD,must be retained for three years.
<br /> HUD. (I)In order to be eligible for See§891.410(a).
<br /> admission,the applicant must also meet (g) Reexamination of household
<br /> §891.410 Selection and admission of any project occupancy requirements family income and composition. (1)
<br /> tenants. ap roved by HUD. Regular reexaminations.The Owner
<br /> (a) Written procedures.The Owner iii)Owners shall make selections In a must reexamine the income and
<br /> shall adopt written tenant selection nondiscriminatory manner without composition of the household at least
<br /> procedures that ensure regard to considerations such as race, every 12 months,Upon verification of
<br /> nondiscrimination in the selection of religion,color,sex,national origin, the information,the Owner must make
<br /> tenants and that are consistent with the familial status,or disability.An Owner appropriate adjustments in the total
<br /> purpose of improving housing may,with the approval of the Secretary, tenant payment in accordance with part
<br /> opportunities for very low-income limit occupancy within housing 813 of this chapter,as modified by
<br /> elderly persons and persons with developed under this part 891 to §891.105,and must determine whether
<br /> disabilities(as applicable);and persons with disabilities who have the household's unit size is still
<br /> reasonably related to program eligibility similar disabilities and require a similar appropriate.The Owner must adjust
<br /> and an applicant's ability to perform the set of supportive services in a tenant payment and the project rental
<br /> obligations of the lease.Owners shall supportive housing environment. assistance payment,and must carry out
<br /> promptly inform in writing any rejected However,the Owner must permit any unit transfer in accordance with
<br /> applicant of the grounds for any occupancy by any qualified person with HUD standards.At the time of
<br /> rejection.Additionally,Owners shall a disability who could benefit from the reexamination under paragraph(g)(1)of
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