24 CFR 982.315 - Family break-up.
(1) The PHA has discretion to determine which members of an assisted family continue to receive assistance in the program if the family breaks up. The PHA administrative plan must state PHA policies on how to decide who remains in the program if the family breaks up.
(2) If the family break-up results from an occurrence of domestic violence, dating violence, or stalking as provided in 24 CFR part 5, subpart L, the PHA must ensure that the victim retains assistance.
(1) Whether the assistance should remain with family members remaining in the original assisted unit.
(3) Whether family members are forced to leave the unit as a result or actual or threatened domestic violence, dating violence, or stalking.
(4) Whether any of the family members are receiving protection as victims of domestic violence, dating violence, or stalking, as provided in 24 CFR part 5, subpart L, and whether the abuser is still in the household.
(c) If a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, the PHA is bound by the court's determination of which family members continue to receive assistance in the program.
[60 FR 34695, July 3, 1995, as amended at 75 FR 66264, Oct. 27, 2010]
Title 24 published on 2013-04-01
no entries appear in the Federal Register after this date.