HUD Lexicon

Novogradac & Company LLP’s HUD Lexicon offers definitions for terms used in HUD programs as a reference only.

 

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

 

- A -

Accessory Use
The use of a building, structure, or land that is subordinate to, customarily incidental to, and ordinarily found in association with, the principal use it serves.

Active Partners Performance System (APPS)
Software program that allows HUD's business partners to submit their Previous Participation Certification (form 2530) request to HUD for processing via the Internet.

Adjusted Income
Annual income (as determined by the owner) of the members of the family residing or intending to reside in the dwelling unit, after making the following deductions.

In determining adjusted income, the owner must deduct the following amounts from annual income:

1. $480 for each dependent;
2. $400 for any elderly family or disabled family;
3. The sum of the following, to the extent the sum exceeds 3% of annual income:
a. Unreimbursed reasonable medical expenses of any elderly family or disabled family; and
b. Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed.  This deduction may not exceed the earned income received by family members who are 18 years of age or older who are able to work because of such attendant care or auxiliary apparatus; and
4. Any reasonable child care expenses necessary to enable the family member to be employed or to further his or her education.

Adult
An individual who is 18 years of age or older or a minor under the age of 18 who has been emancipated to act on his/her own behalf, including the ability to execute a contract or lease.

Affordable Housing
In general, housing for which the occupant(s) is/are paying no more than 30 percent of his or her income for gross housing costs, including utilities. Please note that some jurisdictions may define affordable housing based on other, locally determined criteria, and that this definition is intended solely as an approximate guideline or general rule of thumb.

Affordable Housing Program (AHP)
A competitive program of the Federal Home Loan Bank (FHLBanks) system that provides grants twice a year through financial institutions for investment in low- or moderate-income housing initiatives. The program is flexible, so that AHP funds can be used in combination with other programs and funding sources, thus promoting a project's feasibility.

Alteration (Section 504) 
Any change in a facility or its permanent fixtures or equipment.  It includes, but is not limited to, remodeling, renovation, rehabilitation, reconstruction, changes or rearrangements in structural parts, and extraordinary repairs.  It does not include normal maintenance or repairs, reroofing, interior decoration, or changes to mechanical systems.

American Community Survey (ACS)
A nationwide survey designed to provide communities with a fresh look at how they are changing. It is a critical element in the Census Bureau's reengineered 2010 census plan. The ACS collects information such as age, race, income, commute time to work, home value, veteran status, and other important data from U.S. households.

American Housing Survey
Contains data on apartments, single-family homes, mobile homes, vacant homes, family composition, income, housing and neighborhood quality, housing costs, equipment, fuels, size of housing units, and recent movers. National data are collected every other year, from a fixed sample of about 50,000 homes, plus new construction each year. The survey started in 1973 and has relied on the same sample since 1985, allowing users to view statistical changes in homes and households over the years. In some metropolitan areas, additional samples (every four to six years) measure local conditions

Analysis of Impediments (AI)
A review of impediments or barriers that affect the rights of fair housing choice. It covers public and private policies, practices, and procedures affecting housing choice. The AI serves as the basis for fair housing planning, provides essential information to policymakers, administrative staff, housing providers, lenders, and fair housing advocates, and assists in building public support for fair housing efforts.

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Annual Adjustment Factor (AAF)
Section 8 of the U.S. Housing Act of 1937 provides for annual rent adjustments for housing units assisted under this section. HUD develops the rent adjustment factors, called AAFs, on the basis of Consumer Price Index (CPI) data on changes in residential rent and utility costs. HUD publishes the AAFs annually in the Federal Register.

Annual Contribution Contract
Annual contracts with Public Housing Authorities for payments toward rent, financing debt service, and financing for modernization.

Annual Income
All amounts, monetary or not, which:
1. Go to, or on behalf of, the family head or spouse [or co-head]  (even if temporarily absent) or to any other family member; or
2. Are anticipated to be received from a source outside the family during the 12-month period following admission or annual re-examination effective date; and
3. Which are not specifically excluded [by regulation].

Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.

Applicant 
A person or a family that has applied for housing assistance.

Application 
A written request for occupancy in a subsidized housing unit that includes the information required to determine eligibility for assistance and suitability for tenancy.  Owners generally develop a standardized form that is completed by the prospective applicant. The application must be signed and dated by the applicant and include the applicant's certification that the information provided is complete and accurate.

Assistance Payment 
The amount HUD pays the owner for a unit occupied by a Section 8, RAP, Rent Supplement, or PAC tenant. It includes HUD’s share of the contract rent and any utility reimbursement due the tenant. It is the gross rent for the unit minus the Total Tenant Payment (TTP). The assistance payment for an occupied PRAC unit is the operating rent minus the TTP.

Assisted Rent 
Any rent less than the market rent.  Includes Section 236 rents that are greater than the basic rent.

Assisted Tenant 
A tenant who pays less than the market rate.  Includes tenants:
1. Receiving Rent Supplement, RAP, PAC, or Section 8 assistance;
2. Living in a Section 202 PRAC or Section 811 PRAC development paying equal to or less than the operating rent;
3. Living in a Section 202 PRAC or Section 811 PRAC development paying more than the operating rent, which generates excess income;
4. Paying the BMIR contract rent;
5. Paying the Section 236 basic rent; or
6. Paying above basic rent, which generates excess income, but less than market rent, in a Section 236 project.

Assistance Animals 
Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or animals that provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability.  Assistance animals – often referred to as “service animals,” “assistive animals,” “support animals,” or “therapy animals” – perform many disability-related functions, including but not limited to guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing minimal protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support.  Some, but not all, animals that assist persons with disabilities are professionally trained.  Other assistance animals are trained by the owners themselves and, in some cases, no special training is required.  The question is whether or not the animal performs the assistance or provides the benefit needed as a reasonable accommodation by the person with the disability.

Auxiliary Aids (Section 504) 
Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving Federal financial assistance.  For example, auxiliary aids for persons with impaired vision may include readers, Brailled materials, audio recordings, and other similar services and devices.  Auxiliary aids for persons with impaired hearing may include telephone handset amplifiers, telephones compatible with hearing aids, telecommunications devices for deaf persons (TTYs), interpreters, notetakers, written materials, and other similar services and devices.

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- B -

Basic Rent 
The minimum rent all tenants in a Section 236 project must pay.  It is HUD approved and represents the amount of rent the owner needs to receive in order to operate the property with the mortgage interest rate reduced to as low as 1%.

Blighted Structure
A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare.

Brownfield
Abandoned, idled, and underused industrial and commercial facilities where expansion and redevelopment is burdened by real or potential environmental contamination.

Building Code
A set of building construction requirements developed and administered by national and local bodies to ensure that buildings meet certain minimum standards for structural integrity, safety, design, and durability.

Briefing 
A meeting between the owner and the tenant prior to signing the lease during which the owner discusses various topics related to living in the unit.  Topics include, but are not limited to, tenant rights, house rules, and lease terms.

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Census Tract
A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines.

Census Tract Number
A four-digit basic number, followed by an optional two-digit decimal suffix, used to uniquely identify a census tract within a county or statistically equivalent entity.

Chronically Mentally Ill
Use this definition for the Section 202 and Section 811 programs only. An adult who has a chronic mental illness, i.e., if he or she has a severe and persistent mental or emotional impairment that seriously limits his or her ability to live independently (e.g., by limiting functional capacities relative to primary aspects of daily living such as personal relations, living arrangements, work, recreation, etc.), and whose impairment could be improved by more suitable housing conditions.

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Co-Head of Household
An adult member of the family who is treated the same as a head of the household for purposes of determining income, eligibility, and rent. 

Combined Statistical Area (CSA)
May comprise two or more metropolitan statistical areas, a metropolitan statistical area and a micropolitan statistical area, two or more micropolitan statistical areas, or multiple metropolitan and micropolitan statistical areas that have social and economic ties as measured by commuting, but at lower levels than are found among counties within metropolitan and micropolitan statistical areas.

Commercial Building
Any building other than a residential or government building, including any building constructed for industrial, retail, business, or public purposes.

Common Household Pet 
A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes.  Common household pets do not include reptiles (except turtles).  If this definition conflicts with any applicable State or local law or regulation defining the pets that may be owned or kept in dwelling accommodations, the State or local law or regulations shall apply. This definition does not include animals that are used to assist persons with disabilities. 

Community Development Block Grant Program
Created under the Housing and Community Development Act of 1974, this program provides grant funds to local and state governments to develop viable urban communities by providing decent housing with a suitable living environment and expanding economic opportunities to assist low- and moderate-income residents. CDBG replaced several categorical grant programs, such as the Model Cities program, the Urban Renewal program, and the Housing Rehabilitation Loan and Grant program.

Commuity Planning and Development (CPD)
HUD's Office of Community Planning and Development seeks to develop viable communities by promoting integrated approaches that provide decent housing, a suitable living environment, and expand economic opportunities for low- and moderate-income persons. The primary means toward this end is the development of partnerships among all levels of government and the private sector, including for-profit and nonprofit organizations.

Condominium
A form of ownership in which the separate owners of the individual units jointly own the development’s common areas and facilities.

Consolidated Metropolitan Statistical Area (CMSA)
An area that has a census population of one million or more, has component parts that qualify as primary metropolitan statistical areas (PMSAs) based on official standards, and local opinion favors the designation. CMSAs consist of whole counties except for the New England states, where they consist of county subdivisions (primarily cities and towns).

Consolidated Plan
A document written by a state or local government describing the housing needs of the low- and moderate-income residents, outlining strategies to meet these needs, and listing all resources available to implement the strategies. This document is required in order to receive HUD Community Planning and Development funds.

Contract Rent
The rent HUD or the Contract Administrator has approved for each unit type covered under an assistance contract.  The rent may be paid by the tenant, HUD, or both.  Refer to the project’s rental schedule (form HUD-92458) or Rental Assistance contract for exact amounts.

Cooperative
Housing in which each member shares in the ownership of the whole project with the exclusive right to occupy a specific unit and to participate in project operations through the purchase of stock.

Core-Based Statisical Area
Refers collectively to metropolitan and micropolitan statistical areas.

Covered Person
A tenant, any member of the tenant’s household, a guest, or another person under the tenant’s control.

Currently Engaging In
With respect to behavior such as illegal use of a drug, other drug-related criminal activity, or other criminal activity, currently engaging in means that the individual has engaged in the behavior recently enough to justify a reasonable belief that the individual’s behavior is current.

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Deductions 
In determining adjusted income, the owner must deduct the following from annual income:
1. $480 for each dependent;
2. $400 for any elderly family or disabled family;
3. The sum of the following to the extent the sum exceeds 3% of annual income:
a. Unreimbursed medical expenses of any elderly or disabled family; and
b. Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with a disability) to be employed.  This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and
4. Any reasonable child care expense necessary to enable the family member to be employed or to further his or her education.

Denial of Tenancy or Assistance 
The process of rejecting an applicant's request for either occupancy or assistance because the household does not meet eligibility criteria for the program or the owner's criteria for suitability for tenancy.

Dependent       
A member of the family other than the head, spouse, or co-head, who is under 18 years of age or is a person with disabilities or a full-time student.  For the purposes of this Handbook, a foster child, a foster adult, or a live-in aide may never be a dependent regardless of age or disability.

Dependent Child
Dependent child in the context of the student eligibility restrictions, means a dependent child of an enrolled student who meets the criteria of 24 CFR 5.612.  In this context, “dependent child” is defined in HUD’s income eligibility regulations at 24 CFR 5.603 is a member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or a person with a disability, or is a full-time student.

Developmentally Disabled 
Meets the conditions of paragraph 2 under the definition for Person with a Disability. 

Disability (Handicap) (Section 504) [as defined for Civil Rights Protections]
Any condition or characteristic that renders an individual a person with disabilities (handicaps).

Disabled Family 
A family whose head, spouse, or sole member is a person with disabilities (as defined by 24 CFR 5.403).  It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides.

Disabled (Handicapped) Family 
1. Families of two or more persons the head of which (or his or her spouse) is a person with disabilities (handicapped);
2. The surviving member or members of any family described in paragraph (1) of this definition living in a unit assisted under 24 CFR 891, subpart E (Section 202 loans) with the deceased member of the family at the time of his or her death;
3. A single person with disabilities (handicapped person) over the age of 18; or
4.  Two or more persons with disabilities (handicapped person) living together, or one or more such persons living with another person who is determined by HUD, based upon a licensed physician's certificate provided by the family, to be essential to their care or well-being.

Disabled Household     
Disabled household means a household composed of:
1. One or more persons at least one of whom is an adult (18 years or older) who has a disability;
2. Two or more persons with disabilities living together, or one or more such persons living with another person who is determined by HUD, based upon a certification from an appropriate professional (e.g., a rehabilitation counselor, social worker, or licensed physician) to be important to their care or well being; or
3. The surviving member or members of any household described in paragraph (1) of this definition who were living in a unit assisted under this part with the deceased member of the household at the time of his or her death. 

Displaced Family 
A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.

Displaced Person         
A person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. 

Drug    
A controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). 

Drug-related Criminal Activity  
The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.

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- E -

Elderly Family  
1. Families of two or more persons, the head of which (or his or her spouse) is 62 years of age or older; 
2. The surviving member or members of a family described in paragraph (1) living in a unit assisted under 24 CFR part 891, subpart E (Section 202 loans) with the deceased member of the family at the time of his or her death; 
3. A single person who is 62 years of age or older; or
4. Two or more elderly persons living together, or one or more such persons living with another person who is determined by HUD, based upon a licensed physician's certificate provided by the family, to be essential to their care or well being.

Elderly Person
An elderly person is a household composed of one or more persons, at least one of whom is 62 years of age or more at the time of initial occupancy. 

Eligible Noncitizen
A person who has eligible immigration status in one of the following categories:
1. A noncitizen lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (INA), as an immigrant, as defined by section 101(a)(15) of the INA (8 U.S.C. 1101(a)(20) and U.S.C. 1101(a)(15), respectively) [immigrants].  (This category includes a noncitizen admitted under section 210 or 210A of the INA (8 U.S.C. 1160 or 1161) [special agricultural worker], who has been granted lawful temporary resident status);
2. A noncitizen who entered the United States before January 1, 1972, or such later date as enacted by law, and has continuously maintained residence in the United States since then, and who is not ineligible for citizenship, but who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General under section 249 of the INA (8 U.S.C. 1259);
3. A noncitizen who is lawfully present in the United States pursuant to an admission under section 207 of the INA (8 U.S.C. 1157) [refugee status]; pursuant to the granting of asylum (which has not been terminated) under section 208 of the INA (8 U.S.C. 1158) [asylum status]; or as a result of being granted conditional entry under section 203(a)(7) of the INA (8 U.S.C. 1153(a)(7)) before April 1, 1980, because of persecution or fear of persecution on account of race, religion, or political opinion or because of being uprooted by catastrophic national calamity;
4. A noncitizen who is lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) [parole status];
5. A noncitizen who is lawfully present in the United States as a result of the Attorney General's withholding deportation under section 243(h) of the INA (8 U.S.C. 1253(h)) [threat to life or freedom];
6. A noncitizen lawfully admitted for temporary or permanent residence under section 245A of the INA (8 U.S.C. 1255a) [amnesty granted under INA 245A]; or
7. A noncitizen who is a lawful resident in the United States and its territories and possessions under section 141 of the Compacts of Free Association between the government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia and Palau (collectively referred to as “the Freely Associated States” (FAS)) [Section 3(b) of Public Law 106-504].
A nonimmigrant student, while lawfully admitted to the United States, is not eligible.

Eviction           
The dispossession of the tenant from the leased unit as a result of the termination of tenancy, including a termination prior to the end of a lease term.

Evidence of Citizenship or Eligible Status          
The documents that must be submitted to evidence citizenship or eligible immigration status.

Expected to Reside      
In applying lead-safe housing requirements, actual knowledge that a child will reside in a dwelling unit reserved for the elderly or designated exclusively for persons with disabilities.  If a female resident is known to be pregnant, there is actual knowledge that a child will reside in the dwelling unit.  

Extremely Low-Income Family            
A family whose annual income does not exceed 30% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30% of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes.  

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- F -

Fair Housing Act         
Title VIII of the Civil Rights Act, 42 U.S.C. 3601.  The Fair Housing Act is a broad statute that prohibits discrimination based upon race, color, religion, sex, national origin, disability, or familial status in most housing and housing-related transactions.

Familial Status (FH Act)          
One or more individuals (who have not attained the age of 18 years) being domiciled with:
1. A parent or another person having legal custody of such individual or individuals (regardless of age or number of children); or
2. The designee of such parent or other person having such custody, with the written permission of such parent or another person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. 

Family 
A family includes but is not limited to:
1. A family with or without children (the temporary absence of a child from the home due to placement in foster care shall not be considered in determining family composition and family size);
2. An elderly family;
3. A near-elderly family;
4. A disabled family;
5. A displaced family;
6. The remaining member of a tenant family; and
7. A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family. [24 CFR 5.403] 

Family Composition     
The specific individuals who are included in the assisted family.  Information on family composition includes names, ages, sexes, and citizenship status of all members and their relationship to one another.

Federal Financial Assistance (Section 504)       
Any assistance provided or otherwise made available by the Department through any grant, loan, contract, or any other arrangement, in the form of:
1. Funds;
2. Services of Federal personnel; or
3. Real or personal property or any interest in or use of such property, including:
a. Transfers or leases of the property for less than fair market value or for reduced consideration; and
b. Proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government.

Federal financial assistance includes community development funds in the form of proceeds from loans guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended, but does not include assistance made available through direct federal procurement contracts or payments made under these contracts or any other contract of insurance or guaranty. 

Federally Assisted Housing      
Includes housing assisted under any of the following programs:
1. Public housing;
2. Housing receiving project-based or tenant-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f);
3. Housing that is assisted under section 202 of the Housing Act of 1959, as amended by section 801 of the National Affordable Housing Act (12 U.S.C. 1701q);
4. Housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the National Affordable Housing Act;
5. Housing that is assisted under section 811 of the National Affordable Housing Act (42 U.S.C. 8013);
6. Housing financed by a loan or mortgage insured under section 221(d)(3) of the National Housing Act of (12 U.S.C. 1715l(d)(3)) that bears interest at a rate determined under the proviso of section 221(d)(5) of such Act (12 U.S.C. 1715l(d)(5));
7. Housing insured, assisted, or held by HUD or by a State or local agency under section 236 of the National Housing Act (12 U.S.C. 1715z-1); or
8. Housing assisted by the Rural Housing Service under section 514 or section 515 of the Housing Act of 1949 (42 U.S.C. 1483, 1484).  [24 CFR 5.100]

Foster Adult    
A foster adult is usually an adult with a disability who is unrelated to the tenant family and who is unable to live alone.

Foster Children            
Children that are in the legal guardianship or custody of a State, county, or private adoption or foster care agency, yet are cared for by foster parents in their own homes, under some kind of short-term or long-term foster care arrangement with the custodial agency. These children will generally remain in foster care until they are reunited with their parents, or until their parents voluntarily consent to their adoption by another family, or until the court involuntarily terminates or severs the parental right of their biological parents, so that they can become available to be adopted by another family. Therefore, the parental rights of the parents of these children may or may not have been terminated or severed, and the children may or may not be legally available for adoption. 

Fraud 
Deceit or trickery deliberately practiced to gain some advantage dishonestly.  Fraud is an intentional deception and cannot be committed accidentally. NOTE:  This is not necessarily the legal definition in particular cases.

Full-Time Student 
A person who is attending school or vocational training on a full-time basis.  [24 CFR 5.603]

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Gross Rent 
The gross rent for a unit equals the contract rent plus the utility allowance, if the property has a utility allowance.  For Section 202 PRAC and Section 811 PRAC, the gross rent is referred to as the operating rent.

Gross Rent Change 
Any HUD-approved change in the contract rent or the utility allowance for a unit.

Guest 
A person temporarily staying in a unit with the consent of the tenant or another member of the household who has express or implied authority to consent on behalf of the tenant. A guest is a temporary visitor of the tenant’s and should not be confused with an unauthorized occupant.  Additionally, a guest is not a party to the lease agreement.

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Hardship Exemption    
An exemption from the $25 minimum rent an owner must provide for any household unable to pay the Section 8 minimum rent due to a long-term financial hardship as defined in the regulation. 

Head of Household      
The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.  (See paragraph 5.6 for explanation of emancipated minor.)

Household       
The family and live-in aide, if applicable.

Housing Assistance Payment (HAP) 
The payment made by HUD or the Contract Administrator to the owner of an assisted unit as provided in the contract. Where the unit is leased to an eligible family, the payment is the difference between the contract rent and the tenant rent. An additional payment is made to the family when the utility allowance is greater than the total tenant payment. A housing assistance payment, known as a “vacancy payment,” may be made to the owner when an assisted unit is vacant, in accordance with the terms of the contract.

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Income Limit 
HUD establishes income limits that are used to determine whether housing applicants qualify for admission to HUD-subsidized properties.  These income limits are based on HUD estimates for area median family income with certain statutorily permissible adjustments.  Different programs use different income limits. 

Income-Targeting        
A statutory requirement that at least 40% of new admissions to a Section 8 property in each fiscal year be households with incomes at or below 30% of the area median income.  The law ensures that a significant portion of federal housing assistance goes to families with the greatest need.  

Increased Ability to Pay           
An increase in the tenant’s income to a point where the total tenant payment is equal to or greater than the contract rent, plus any utility allowance, for the unit.  An increased ability to pay does not apply to Section 202 PRAC or Section 811 PRAC properties.

 

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- L -

Law Enforcement Agency        
The National Crime Information Center (NCIC), police departments, and other law enforcement agencies that hold criminal conviction records.  

Lease 
A written agreement between an owner and a family for the leasing of a decent, safe, and sanitary dwelling unit to the family. 

Lease Term     
The period of time for which a lease agreement is written.

Legitimate Tenant Organization
An organization established by the tenants of a multifamily housing project covered by this handbook, whose purpose includes addressing issues related to terms and conditions of their tenancy, and which meets regularly, operates democratically, is representative of all residents in the development, and is completely independent of owners, management, and their representatives.

Live-in Aide    
A person who resides with one or more elderly persons, near-elderly persons, or persons with disabilities, and who:
1. Is determined to be essential to the care and well-being of the persons;
2. Is not obligated for the support of the persons; and
3. Would not be living in the unit except to provide the necessary supportive services.

Low-Income Family    
A family whose annual income does not exceed 80 percent of the area median income, as determined by HUD, with adjustments for smaller and larger families.

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- M

Management Agent      
An entity that has day-to-day frontline responsibilities for a HUD-insured and/or assisted multifamily housing property.  The project owner is responsible for seeking out and selecting a management agent that meets the standards outlined in Handbook 4381.5, Chapter 2.  The HUD-owner-management agent relationship is defined and subject to the requirements and procedures set forth in HUD Handbook 4381.5.

Market Area   
The geographic area from which a project owner could reasonably expect to draw applicants, based on the services and amenities offered by the development and the needs of the community.

Market Rent    
The rent HUD authorizes the owner to collect from families ineligible for assistance.  For Section 236 units, the market rent is shown on the project's HUD-approved rent schedule.  For Rent Supplement, Section 202, and Section 8 units, the market rent is the same as the contract rent. 

Minimum Rent             
The lowest total tenant payment permitted for tenants receiving Section 8 assistance.  The minimum rent is $25 and is used when 30% of adjusted monthly income and 10% of gross monthly income and the welfare rent (where applicable) are all below $25.  The minimum rent covers the tenant’s contribution for rent and utilities.

Mixed Family
A family whose members include those with citizenship or eligible immigration status and those without citizenship or eligible immigration status.

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National          
A person who owes permanent allegiance to the United States; for example, as a result of birth in a United States territory or possession.  

Near-Elderly family      
A family whose head, spouse, or sole member is a person who is at least 50 years of age, but below the age of 62; two or more persons who are at least 50 years of age, but below the age of 62, living together; or one or more persons who are at least 50 years of age, but below the age of 62, living with one or more live-in aides.

Noncitizen       
A person who is neither a citizen nor a national of the United States.  

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PAC (Project Assistance Contract)      
The contract entered into by the borrower and HUD setting forth the rights and duties of the parties with respect to the project and the payments under the PAC.

Parents
For purposes of the Section 8 student eligibility restrictions, and consistent with long-standing HUD policy regarding eligibility for the Section 8 programs, means the biological or adoptive parents, or guardians (e.g., grandparents, aunt/uncle, godparents, etc.), or such other definition as may be adopted by the PHA, Owner, or Manager through appropriate amendment to its admissions policies.

Pet Deposit     
An owner may require tenants who own or keep pets in their units to pay a refundable pet deposit. 

Physical Disability        
A physical impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially impedes his or her ability to live independently, and (C) is of such a nature that such ability to live independently could be improved by more suitable housing conditions.

PRAC (Project Rental Assistance Contract) 
The contract entered into by the owner and HUD setting forth the rights and duties of the parties with respect to the project and the payments under the PRAC.  PRAC is used for Section 202 and Section 811 projects.  

Preliminary Application            
An abbreviated application form that is used by some owners when the waiting time for an available unit is extensive and requires only enough information to assess apparent program eligibility, place the applicant on a waiting list, and contact the applicant when a unit becomes available or additional information is required.

Premises          
The building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds.  

Prohibited Bases          
Civil rights statutes establish the demographic categories by which discrimination is prohibited.  HUD refers to these categories as “prohibited bases.”  For instance, under the Fair Housing Act, the prohibited bases are race, color, religion, sex, national origin, familial status, and disability.  It is more inclusive and explanatory than the term “protected classes,” because it does not categorize people into sets of classes (e.g., male, female, White, Black, Asian, Native American, Pacific Islander, Hispanic, Non-Hispanic, Christian, Jewish, Muslim, Buddhist).

Project Assistance Payment     
The payment made by HUD to the borrower for assisted units as provided in the PAC.  The payment is the difference between the contract rent and the tenant rent.  An additional payment is made to a family occupying an assisted unit in an independent living complex when the utility allowance is greater than the total tenant payment.  A project assistance payment, known as a “vacancy payment,” may be made to the borrower when an assisted unit (or resident space in a group home) is vacant, in accordance with the terms of the PAC.

Project Rental Assistance Payment       
The payment made by HUD to the owner for assisted units as provided in the PRAC.  The payment is the difference between the total tenant payment and the HUD-approved per-unit operating expenses, except for expenses related to items not eligible under design and cost provisions.  An additional payment is made to a household occupying an assisted unit when the utility allowance is greater than the total tenant payment.  A project rental assistance payment, known as a "vacancy payment," may be made to the owner when an assisted unit is vacant, in accordance with the terms of the PRAC.

Prorated Assistance     
Partial rental assistance, or reduced housing assistance payments received by mixed families.  In mixed families, the level of assistance is calculated at the ratio of eligible family members to ineligible family members.

Protected Classes        
Demographic categories of persons established by civil rights statutes against whom discrimination is prohibited.  (See also Prohibited Bases.)

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RAP (Rental Assistance Payment)        
A rental assistance subsidy program established by the Housing and Community Development Act of 1974 to provide additional rental assistance subsidy to project owners on behalf of very low-income tenants.  RAP was available only to Section 236 projects and was the predecessor to the project-based Section 8 program.

Recertification Anniversary Date          
Generally, the recertification anniversary date is the first day of the month a tenant moved into a project receiving HUD assistance.  As long as an owner processes an annual recertification according to the procedures and deadlines required in Chapter 7, changes in the TTP, tenant rent, and assistance payment take effect on the recertification anniversary date.

Recipient (Section 504)           
Any State or its political subdivision, any instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which federal financial assistance is extended for any program or activity directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance.  An entity or person receiving housing assistance payments from a recipient on behalf of eligible families under a housing assistance payments program or a voucher program is not a recipient or subrecipient merely by virtue of receipt of such payments.

Rent Supplement         
A project-based assistance program for mortgages insured by HUD.  These contracts were available to Section 221(d)(3) BMIR, Section 231, Section 236 (insured and noninsured), and Section 202 projects for the life of the 40-year mortgage.  The program was suspended under the housing subsidy moratorium of January 5, 1973.  Owners of insured projects with Rent Supplement were allowed to convert to project-based Section 8 assistance. 

Residency Preference  
A preference for admission of persons who reside in a specified geographic area (“residency preference area”).

Rural Housing Service (RHS)   
U.S. Department of Agriculture, Rural Housing Services.

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Screening        
A review of an applicant's history to identify patterns of behavior that, if exhibited at the assisted housing development, would make the applicant an unsuitable tenant.  Screening criteria may include consideration of drug-related or criminal activity, tenancy, credit and rent payment history, or other behaviors that may affect the rights of other residents and management.   

Section 202  - Housing for the Elderly
HUD provides capital advances to finance the construction, rehabilitation or acquisition with or without rehabilitation of structures that will serve as supportive housing for very low-income elderly persons, including the frail elderly, and provides rent subsidies for the projects to help make them affordable.

Section 207 - Rental Housing and Manufactured Home Parks
Section 207 Program insures mortgage loans to finance the construction or rehabilitation of a broad range of rental housing. Section 207 mortgage insurance, although still authorized, is no longer used for new construction and substantial rehabilitation.

Section 213 - Cooperative Units
Section 213 insures mortgage loans to facilitate the construction, substantial rehabilitation, and purchase of cooperative housing projects. Each member shares in the ownership of the whole project with the exclusive right to occupy a specific unit and to participate in project operations through the purchase of stock.

Section 220 - Rental Housing for Urban Renewal and concentrated development areas
Section 220 insures loans for multifamily housing projects in urban renewal areas, code enforcement areas, and other areas where local governments have undertaken designated revitalization activities.

Section 221(d)(3) - Multifamily Rental housing for moderate-income Families
Insures mortgage loans to facilitate the new construction or substantial rehabilitation of multifamily rental or cooperative housing for moderate-income families, elderly, and the handicapped for nonprofit sponsors.

Section 221(d)(4) - Multifamily Rental housing for moderate-income
Insures mortgage loans to facilitate the new construction or substantial rehabilitation of multifamily rental or cooperative housing for moderate-income families, elderly, and the handicapped for profit-motivated sponsors.

Section 223 (d) - 2-year operating loss loans
Section 223(d) insures two-year operating loss loans that covers operating losses during the first 2 years after completion (or any other 2-year period within the first 10 years after completion) of multifamily projects with a HUD-insured first mortgage.

Section 207/223(f) - Purchased or refinancing of existing multifamily Housing Projects
Section 207/223(f) insures mortgage loans to facilitate the purchase or refinancing of existing multifamily rental housing. These projects may have been financed originally with conventional or FHA insured mortgages. Properties requiring substantial rehabilitation are not eligible for mortgage insurance under this program. HUD permits the completion of non-critical repairs after endorsement for mortgage insurance.

Section 231 - Rental Housing for the Elderly
The Section 231 insures mortgage loans to facilitate the construction and substantial rehabilitation of multifamily rental housing for elderly persons (62 or older) and/or persons with disabilities.

Section 232/223(f) - Nursing Homes, Board and Care Assisted-Living Facilities
Section 232 insures mortgage loans to facilitate the construction and substantial rehabilitation of nursing homes, intermediate care facilities, board and care homes, and assisted-living facilities. It  allows for the purchase or refinancing with or without repairs of existing projects not requiring substantial rehabilitation.

Section 241(a) - Supplemental loan insurance for multifamily rental housing
Section 241(a) insures mortgage loans to finance repairs, additions, and improvements to multifamily rental housing and health care facilities with FHA insured first mortgages or HUD-held mortgages.

Section 247 - Insured mortgages on Hawaiian home lands
HUD has special procedures for mortgage insurance claims on properties located on Hawaiian Home Lands. Loans insured by HUD under Section 247 of the National Housing Act must be assigned to HUD at the time an insured lender files its timely claim for mortgage insurance benefits.

Section 248 - Insured Mortgages on Indian land
A family who purchases a home under this program can apply for financing through a FHA approved lending institution such as a bank, savings and loan, or a mortgage company. To quality, the borrower must meet standard FHA credit qualifications. An eligible borrower can receive approximately 97% financing . An eligible party can produce a gift for the downpayment. Closing cost can be financed; covered by a gift, grant, or secondary financing; or paid by the seller without reduction in value.

Section 542(b) - Qualified Participating entities risk sharing program
The Department of Housing and Urban Development (HUD) provides reinsurance on multifamily housing projects whose mortgage loans are originated, underwritten, serviced, and disposed of by Qualified Participating Entities (QPEs) and/or their approved lenders. Section 542(b) encourages the development and preservation of affordable housing.

Section 542(c) - Housing finance agency risk sharing program
Section 542(c) enables the U.S. Department of Housing and Urban Development (HUD) and State and local housing finance agencies (HFAs) to provide new risk-sharing arrangements to help those agencies provide more insurance and credit for multifamily loans.

Section 811 - Supportive Housing for Persons with Disabilities
HUD provides funding to nonprofit organizations to develop rental housing with the availability of supportive services for very low-income adults with disabilities, and provides rent subsidies for the projects to help make them affordable.

Section 8 tenant based
In the HUD Housing Choice Voucher Program (Voucher Program) and the HUD certificate program, HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing.

Section 8 project based
The Project Based Voucher ("PBV") program is administered by a PHA that already administers the tenant-based voucher program under an annual contributions contract (ACC) with HUD. In the PBV program, the assistance is “attached to the structure.” The PHA enters into a HAP contract with an owner for units in existing housing or in newly constructed or rehabilitated housing.

Section 8
The housing assistance payments program that implements Section 8 of the United States Housing Act of 1937

Service Animals
See Assistance Animals.

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Tenant
An individual or a family renting or occupying an assisted dwelling unit.

Tenant Consultation
Tenants or tenant representatives may submit written comments on the proposed pet rules to the project owner by the date specified in the notice of proposed rules.  In addition, the owner may schedule one or more meetings with tenants during the comment period to discuss the proposed rules. Tenants and tenant representatives may make oral comments on the proposed rules at these meetings. This process is called Tenant Consultation. 

Tenant Rent 
The amount payable monthly by the family as rent to the owner.
1. Where all utilities (except telephone) and other essential housing services are supplied by the owner, tenant rent equals total tenant payment.
2. Where some or all utilities (except telephone) and other essential housing services are not supplied by the owner, tenant rent equals total tenant payment less the utility allowance.

Tenant Selection Plan 
A formal written policy statement, developed by the owner and available to the public, that clearly states the procedures and criteria the owner will consistently apply in drawing applicants from the waiting list, screening for suitability for tenancy, implementing income targeting requirements, and offering housing assistance and/or assisted housing units. The Tenant Selection Plan also includes policies applied to residents of the property such as how unit transfers are carried out.

Tenant with a Disability
See the three definitions of Person with Disabilities.

Termination of Assistance 
When a tenant fails to comply with certain HUD program requirements, the owner, under agreements with HUD, is obligated to terminate the assistance provided by HUD on behalf of that tenant. 

Termination of Tenancy 
Termination of tenancy occurs when a tenant violates specific provisions of the lease agreement, and the owner notifies the tenant that he/she no longer has the right to occupy the unit as a result of lease violations. The HUD model leases have very specific conditions under which tenancy may be terminated and procedures that must be followed during the termination process.

Title VI-D
Title VI, Subtitle D of the Housing and Community Development Act of 1992 authorizes owners of certain HUD multifamily assisted developments to elect to serve elderly families, to limit the numbers of disabled families residing in a project or to adopt preferences for elderly families, depending upon the type of project and whether certain requirements are met.  See paragraph 2-10 for a discussion on the applicability of this Act.

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Unauthorized Occupant
A person who, with the consent of a tenant, is staying in the unit, but is not listed on the lease documents or approved by the owner to dwell in the unit.  An owner must follow State or local law regarding an unauthorized occupant and establish an equitable and consistent policy and incorporate that policy into the house rules.
 
Unearned Income 
Income received that is not wages, tips, or other compensation for work performed. 

Unintentional Program Violation 
An error or oversight by the tenant that does not involve deliberate, intentional deceit. (See also Fraud.)

Unit Transfer 
With owner approval, a tenant moves from one unit to another unit within the same property. 

Utility Allowance 
HUD’s or the Contract Administrator’s estimate of the average monthly utility bills (except telephone) for an energy-conscious household. This estimate considers only utilities paid directly by the tenant. If all utilities are included in the rent, there is not a utility allowance. Utility allowances vary by unit type and are listed on the project’s rent schedule or HAP contract.

Utility Allowance (PRAC)
This is an amount equal to the estimate made or approved by HUD of the monthly costs of a reasonable consumption of utilities (except telephone) for the unit by an energy-conservative household of modest circumstances, consistent with the requirements of a safe, sanitary, and healthful living environment. A utility allowance is used in cases where the cost of utilities (except telephone) is the responsibility of the household and is not included in the tenant payment. 

Utility Reimbursement
The amount, if any, by which the utility allowance for a unit exceeds the total tenant payment for the family occupying the unit.
Very Low-Income Family.  A very low-income family is a family whose annual income does not exceed 50 percent of the area median income, as determined by HUD, with adjustments for smaller and larger families.

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Violent Criminal Activity
Any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. 

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Waiting List 
A formal record of applicants for housing assistance and/or assisted housing units that identifies the applicant's name, date and time of application, selection preferences claimed, income category, and the need for an accessible unit.  The waiting list may be kept in either a bound journal or a computer program.  Whichever method is used to maintain the waiting list, the owner must establish a method of documenting the appropriate selection of applicant names from the list. 

Welfare Assistance  
Welfare or other payments to families or individuals, based on need, that are made under programs funded, separately or jointly by the Federal, State, or local government.

Welfare Rent 
In those States in which the welfare grant is based on the actual amount a family pays for shelter and utilities, the welfare rent is the maximum amount permitted under welfare rule for rent and utilities.

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