(a) Compliance with HQS. The PHA may not give approval to reside in a group home unless the unit, including the portion of the unit available for use by the assisted person under the lease, meets the housing quality standards.
(b) Applicable HQS standards.(1) The HQS in § 982.401 apply to assistance in a group home. However, the standards in this section apply in place of § 982.401(b) (sanitary facilities), § 982.401(c) (food preparation and refuse disposal), § 982.401(d) (space and security), § 982.401(g) (structure and materials) and § 982.401(l) (site and neighborhood).
(2) The entire unit must comply with the HQS.
(c) Additional performance requirements. The following additional performance requirements apply to a group home:
(1) Sanitary facilities.(i) There must be a bathroom in the unit. The unit must contain, and an assisted resident must have ready access to:
(A) A flush toilet that can be used in privacy;
(B) A fixed basin with hot and cold running water; and
(C) A shower or bathtub with hot and cold running water.
(ii) All of these facilities must be in proper operating condition, and must be adequate for personal cleanliness and the disposal of human waste. The facilities must utilize an approvable public or private disposal system.
(iii) The unit may contain private or common sanitary facilities. However, the facilities must be sufficient in number so that they need not be shared by more than four residents of the group home.
(iv) Sanitary facilities in the group home must be readily accessible to and usable by residents, including persons with disabilities.
(2) Food preparation and service.(i) The unit must contain a kitchen and a dining area. There must be adequate space to store, prepare, and serve foods in a sanitary manner.
(ii) Food preparation and service equipment must be in proper operating condition. The equipment must be adequate for the number of residents in the group home. The unit must contain the following equipment:
(A) A stove or range, and oven;
(B) A refrigerator; and
(C) A kitchen sink with hot and cold running water. The sink must drain into an approvable public or private disposal system.
(iii) There must be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary.
(iv) The unit may contain private or common facilities for food preparation and service.
(3) Space and security.(i) The unit must provide adequate space and security for the assisted person.
(ii) The unit must contain a living room, kitchen, dining area, bathroom, and other appropriate social, recreational or community space. The unit must contain at least one bedroom of appropriate size for each two persons.
(iii) Doors and windows that are accessible from outside the unit must be lockable.
(4) Structure and material.(i) The unit must be structurally sound to avoid any threat to the health and safety of the residents, and to protect the residents from the environment.
(ii) Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other significant damage. The roof structure must be firm, and the roof must be weathertight. The exterior or wall structure and exterior wall surface may not have any serious defects such as serious leaning, buckling, sagging, cracks or large holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., must not present a danger of tripping or falling. Elevators must be maintained in safe operating condition.
(iii) The group home must be accessible to and usable by a resident with disabilities.
(5) Site and neighborhood. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the residents. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps, instability, flooding, poor drainage, septic tank back-ups, sewage hazards or mud slides, abnormal air pollution, smoke or dust, excessive noise, vibrations or vehicular traffic, excessive accumulations of trash, vermin or rodent infestation, or fire hazards. The unit must be located in a residential setting.
Title 24 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.