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multiplied by a fraction, the denominator of which is the number of people in the household, and the numerator of which is the number of ineligible persons in the household, plus;

(ii) An amount equal to the rent supplement, housing assistance payment

rental assistance payment the household would otherwise be entitled to multiplied by a fraction, the denominator of which is the number of people in the household and the numerator of which is the number of ineligible persons in the household.

(c) Method of prorating assistance for Section 8 covered programs—(1) Section 8 assistance other than Section 8 rental voucher assistance. For Section 8 assistance other than assistance provided under the Section 8 Rental Voucher Program, the PHA shall prorate the family's assistance as follows:

(i) Step 1. Determine gross rent for the unit. (Gross rent is contract rent plus any allowance for tenant paid utilities).

(ii) Step 2. Determine total tenant payment in accordance with 24 CFR 813.107(a). (Annual income includes income of all family members, including any family member who has not established eligible immigration status.)

(iii) Step 3. Subtract amount determined in paragraph (c)(1)(ii), (Step 2), from amount determined in paragraph (c)(1)(i), (Step 1).

(iv) Step 4. Multiply the amount determined in paragraph (c)(1)(iii), (Step 3) by a fraction for which:

(A) The numerator is the number of family members who have established eligible immigration status; and

(B) The denominator is the total number of family members.

(v) Prorated housing assistance. The amount determined in paragraph (c)(1)(iv), (Step 4) is the prorated housing assistance payment for a mixed family.

(vi) No effect on contract rent. Proration of the housing assistance payment does not affect contract rent to the owner. The family must pay as rent the portion of contract rent not covered by the prorated housing assistance payment.

(2) Section 8 Rental Voucher assistance. For assistance under the Section 8 Rental Voucher Program, the PHA

shall prorate the family's assistance as follows:

(i) Step 1. Determine the amount of the pre-proration voucher housing assistance payment in accordance with 24 CFR part 887. (Annual income includes income of all family members, including any family member who has not established eligible immigration status.)

(ii) Step 2. Multiply the amount determined in paragraph (c)(2)(i), (Step 1) by a fraction for which:

(A) The numerator is the number of family members who have established eligible immigration status; and

(B) The denominator is the total number of family members.

(iii) Prorated housing assistance. The amount determined in paragraph (c)(2)(ii), (Step 2) is the prorated housing assistance payment for a mixed family.

(iv) No effect on rent to owner. Proration of the voucher housing assistance payment does not affect rent to the owner. The family must pay as rent the portion of rent not covered by the prorated housing assistance payment.

(d) Method of prorating assistance for Public Housing covered programs. The PHA shall prorate the family's assistance by:

(1) Step 1. Determining total tenant payment in accordance with 24 CFR 913.107(a). (Annual income includes income of all family members, including any family member who has not established eligible immigration status.)

(2) Step 2. Subtracting the total tenant payment from a HUD-supplied "public housing maximum rent” applicable to the unit or the PHA. (This "maximum rent” shall be determined by HUD using the 95th percentile rent for the PHA.) The result is the maximum subsidy for which the family could qualify if all members were eligible (“family maximum subsidy”).

(3) Step 3. Dividing the family maximum subsidy by the number of persons in the family (all persons) to determine the maximum subsidy per each family member who has citizenship or eligible immigration status ("eligible family member"). The subsidy per eligible family member is the “member maximum subsidy”.

(4) Step 4. Multiplying the member maximum subsidy by the number of

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family members who have citizenship $5.526 Protection from liability for reor eligible immigration status ("eligi- sponsible entities and State and ble family members').

local government agencies and offi. (5) Step 5. The product of steps 1

cials. through 4, as set forth in paragraph (a) Protection from liability for respon(d)(2) of this section is the amount of sible entities. Responsible entities are subsidy for which the family is eligible protected from liability as set forth in (“eligible subsidy''). The family's rent paragraph (e) of section 214. is the “public housing maximum rent” (b) Protection from liability for State minus the amount of the eligible sub- and local government agencies and offisidy.

cials. State and local government agen

cies and officials shall not be liable for $5.522 Prohibition of assistance to the design or implementation of the noncitizen students.

verification system described in $5.512 (a) General. The provisions of $85.516

and the informal hearings provided and 5.518 permitting continued assist- under $5.514, as long as the implemenance or temporary deferral of termi- tation by the State and local governnation of assistance for certain fami- ment agency or official is in accordlies do not apply to any person who is

ance with prescribed HUD rules and redetermined to be a noncitizen student

quirements. as in paragraph (c)(2)(A) of Section 214 (42 U.S.C. 1436a(c)(2)(A)). The family of

$5.528 Liability of ineligible tenants

for reimbursement of benefits. a noncitizen student may be eligible for prorated assistance, as provided in

Where a tenant has received the benparagraph (b)(2) of this section.

efit of HUD financial assistance to (b) Family of noncitizen students. (1) which the tenant was not entitled beThe prohibition on providing assist

cause the tenant intentionally misance to a noncitizen student as de

represented eligible status, the ineliscribed in paragraph (a) of this section

gible tenant is responsible for reimextends to the noncitizen spouse of the

bursing HUD for the assistance impropnoncitizen student and minor children

erly paid. If the amount of the assistaccompanying the student or following

ance is substantial, the responsible ento join the student.

tity is encouraged to refer the case to

the HUD Inspector General's office for (2) The prohibition on providing as

further investigation. Possible crimisistance to a noncitizen student does

nal prosecution may follow based on not extend to the citizen spouse of the

the False Statements Act (18 U.S.C. noncitizen student and the children of

1001 and 1010). the citizen spouse and noncitizen student.

PART 7-EQUAL EMPLOYMENT OP$5.524 Compliance with

PORTUNITY; POLICY AND PROCEdiscrimination requirements.

DURES The responsible entity shall administer the restrictions on use of assisted

Subpart A-Equal Employment Opportunity housing by noncitizens with ineligible Without Regard to Race, Color, Reliimmigration status imposed by this

gion, Sex, National Origin, Age, or Dispart in conformity with all applicable

ability nondiscrimination and equal oppor

GENERAL PROVISIONS tunity requirements, including, but not limited to, title VI of the Civil Rights

Sec. Act of 1964 (42 U.S.C. 20000-2000d-5) and

7.1 Policy.

7.2 Definitions. the implementing regulations in 24

7.3 Designations. CFR part 1, section 504 of the Rehabili

7.4 Affirmative employment programs. tation Act of 1973 (29 U.S.C. 794) and the implementing regulations in 24

RESPONSIBILITIES CFR part 8, the Fair Housing Act (42

7.10 Responsibilities of the Director and U.S.C. 3601-3619) and the implementing Deputy Director of EEO. regulations in 24 CFR part 100.

non

7.11 Responsibilities of the EEO Officers.

7.12 Responsibilities of the EEO Counselors.

167-077 0-964-4

7.13 Responsibilities of the Assistant Sec- ployment at every management level retary for Administration.

within the Department. 7.14 Responsibilities of Human Resources Officers.

87.2 Definitions. 7.15 Responsibilities of managers and supervisors.

For purposes of this subpart A7.16 Responsibilities of employees.

AE means Affirmative Employment.

EEO means Equal Employment OpPRECOMPLAINT PROCESSING

portunity. 7.25 Precomplaint processing.

Organizational unit means the juris

dictional area of the Office of the SecCOMPLAINTS

retary, the Assistant to the Deputy 7.30 Presentation of complaint.

Secretary for Field Management, each 7.31 Who may file a complaint, with whom Assistant Secretary, the General Counfiled, and time limits.

sel, the Inspector General, the Presi7.32 Contents.

dent of the Government National Mort7.33 Acceptability. 7.34 Processing.

gage Association, the Chief Financial 7.35 Hearing.

Officer, the Director of Lead-Based 7.36 Decision by Director of EEO.

Paint Abatement and Poisoning Pre7.37 Rights of appeal.

vention, and the Office of Federal 7.38 Relationship to other HUD appellate Housing Enterprise Oversight. procedures.

Person with a disability means the

same as handicap under EEOC's regulaSubpart B-[Reserved]

tions at 29 CFR part 1614. AUTHORITY: 42 U.S.C. 3535(d); E.O. 11478, 3 87.3 Designations. CFR, 1969 Comp. p. 306; 42 U.S.C. 2000e note.

(a) Director of Equal Employment OpSOURCE: 61 FR 14228, Mar. 29, 1996, unless otherwise noted.

portunity. The Director of the Office of

Departmental Equal Employment Op Subpart A-Equal Employment portunity is designated the Director of

EEO, except that with respect to comOpportunity Without Regard to

plaints naming the Director and/or Race, Color, Religion, Sex, Deputy Director of Departmental EEO National Origin, Age, or Dis- as the alleged discriminating official(s) ability

and complaints arising in the Office of

Departmental EEO, the Chief of Staff GENERAL PROVISIONS

shall be Director of EEO.

(b) Deputy Director of Equal Employ87.1 Policy.

ment Opportunity. The Deputy Director In conformity with the policy ex- of the Office of Departmental Equal pressed in Executive Order 11478 (34 FR Employment Opportunity is designated 12985, 3 CFR, 1966-1970 Comp., p. 803) as the Deputy Director of Equal Emand with implementing regulations of ployment Opportunity and acts for the the Equal Employment Opportunity Director of EEO. Commission, codified under 29 CFR (c) Equal Employment Opportunity Ofpart 1614, it is the policy and the intent ficers. The Director of Equal Employof the Department of Housing and ment Opportunity shall designate apUrban Development to provide equality propriate HUD officials to be Equal of opportunity in employment in the Employment Opportunity Officers for Department for all persons; to prohibit their respective organizational units. discrimination because of race, color, religion, sex, national origin, age or

$7.4 Affirmative employment prodisability in all aspects of its personnel

grams. policies, program, practices, and oper- The Office of the Secretary, the Asations and in all its working conditions sistant to the Deputy Secretary for and relationships with employees and Field Management, each Assistant Secapplicants for employment; and to pro- retary, the General Counsel, the Inmote the full realization of equal op- spector General, the President of the portunity in employment through con- Government National Mortgage Assotinuing programs of affirmative em- ciation, the Chief Financial Officer, the

or

Director of Lead-Based Paint Abatement and Poisoning Prevention, and the Director, Office of Federal Housing Enterprise Oversight shall establish, maintain and carry out a plan of affirmative employment to promote equal opportunity in every aspect of employment policy and practice. Each plan shall identify instances of underrepresentation of minorities, women and persons with disabilities, recognize situations barriers that impede equality of opportunity, and include objectives and action items targeted to eliminate any employment, training, advancement, and retention issues which adversely affect minorities, women and persons with disabilities. Each plan must be consistent with 29 CFR part 1614 and the governing Management Directive issued by the Equal Employment Opportunity Commission, and is subject to approval by the Director of Equal Employment Opportunity and shall be developed within the framework of Departmentwide guidelines published by the Director of EEO.

or supervisory employees who have failed in their responsibility;

(d) Appraising the Department's personnel operations at regular intervals to insure their conformity with the policy of the Government and the Department's equal employment opportunity program;

(e) Making changes in programs and procedures designed to eliminate discriminatory practices and improve the Department's EEO/AE programs;

(f) Seiecting EEO Counselors;

(g) Providing for counseling by an EEO Counselor of an aggrieved employee or applicant for employment who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, age or disability and for attempting to resolve on an informal basis or through a formal alternative dispute resolution process, the matter raised by the employee or applicant before a complaint of discrimination may be filed under $7.31;

(h) Providing for the prompt, fair and impartial processing of individual complaints involving issues of discrimination within the Department subject to 29 CFR part 1614;

(i) Making the final decision on discrimination complaints and ordering such corrective measures as may be necessary, including disciplinary action is warranted by the circumstances when an employee has been found to have engaged in a discriminatory practice; and

(j) Executing settlement agreements to resolve EEO complaints.

RESPONSIBILITIES

as

$7.11 Responsibilities of the EEO Offi

cers.

$ 7.10 Responsibilities of the Director

and Deputy Director of EEO. The Director and Deputy Director of EEO are assigned the functions of:

(a) Advising the Secretary with respect to the preparation of plans, procedures, regulations, reports, and other matters pertaining to the Government's equal employment opportunity policy and the Department's EEO/AE programs;

(b) In coordination with other officials, developing and maintaining plans, procedures, and regulations necessary to carry out the Department's EEO programs, including a Departmentwide program of affirmative employment developed in coordination with other officials; approving programs of affirmative employment established throughout the Department;

(c) Evaluating from time to time the sufficiency of the Department's EEO/ AE programs and reporting thereon to the Secretary with recommendations as to any improvement or correction needed, including remedial or disciplinary action with respect to managerial

Each EEO Officer shall:

(a) Advise the Director of EEO on all matters affecting the implementation of the Department's EEO/AE policies and programs in the organizational unit;

(b) Develop and maintain a program of affirmative employment for the organizational unit and insure that it is carried out in an exemplary manner;

(c) Publicize to all employees of the organizational unit the name and address of the Director of EEO, the EEO Officer, and the EEO Counselor(s), the

EEO Discrimination Complaint Manager, the Affirmative Employment Program (AEP) Manager, the Diversity Program Manager, and the EEO complaint procedures;

(d) Inform all supervisors in the organizational unit of the responsibilities and objectives of the EEO Counselors and the EEO complaint process and the importance of cooperating with the Counselors to informally find solutions to problems brought to the officer's attention by employees and applicants;

(e) Evaluate the performance by the managers and supervisors in the organizational unit in carrying out their responsibilities under this subpart and taking appropriate action;

(f) Seek a resolution of EEO matters alleging discrimination within their organization brought to their attention;

(g) Designate a high level Affirmative Employment Program (AEP) Manager in Headquarters responsible for the preparation of the AEP plan; the management of the plan; providing advice and guidance to managers and supervisors in removing barriers to EEO/ AE and in implementing all their EEO/ AE responsibilities; and reviewing all recruitment and personnel actions taken by managers and supervisors to ensure the achievement of AEP objectives;

(h) Designate a senior level EEO Discrimination Complaint Manager in Headquarters to manage and direct the organization's EEO responsibilities; and

(i) Designate a senior level Diversity Program Manager in Headquarters to manage and direct the organization's Diversity Program and provide resources for Diversity activities for its employees. 87.12 Responsibilities of the EEO

Counselors. The EEO Counselors are responsible for counseling and attempting resolution of matters brought to the counselor's attention pursuant to $7.26 and 29 CFR part 1614 by any employee or applicant for employment who believes that he or she has been discriminated against because of race, color, religion, sex, national origin, age, or disability,

87.13 Responsibilities of the Assistant

Secretary for Administration. The Assistant Secretary for Administration shall:

(a) Provide leadership in developing and maintaining personnel management policies, progiams, automated systems and procedures which will promote continuing affirmative employment to insure equal opportunity in the recruitment, selection, placement, training, awards, recognition and promotion of employees, including an applicant flow tracking system;

(b) Provide positive assistance and guidance to organizational units and personnel offices to insure the effective implementation of the personnel management policies, programs, automated systems, and procedures on equal employment opportunity;

(c) Participate at the national level with other Government departments and agencies, other employers, and other public and private groups, in cooperative action to improve employment opportunities and community conditions which effect employability;

(d) Prepare and implement plans for recruitment and reports in accordance with the Federal Equal Opportunity Recruitment Program and the Disabled Veterans Affirmative Action Program;

(e) Make reasonable accommodation to the known physical or mental limitations of qualified applicants and employees with disabilities unless the accommodation would impose an undue hardship on the operation of the agency's program; and

(f) Designate a senior level Disability Program Manager to promote EEO/AE for persons with disabilities; to assure the accessibility of all HUD facilities and programs; and to manage the resources for providing reasonable accommodation.

$7.14 Responsibilities of Human Re

sources Officers. In conformity with guidelines issued by the Assistant Secretary for Administration, Human Resources Officers shall:

(a) Appraise job structure and employment practices to insure genuine equality of opportunity for all employees to participate fully on the basis of

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