(a) The homeownership option is used to assist a family residing in a home purchased and owned by one or more members of the family.
(b) A family assisted under the homeownership option may be a newly admitted or existing participant in the program.
(c) Forms of homeownership assistance.(1) A PHA may provide one of two forms of homeownership assistance for a family:
(i) Monthly homeownership assistance payments; or
(ii) A single downpayment assistance grant.
(2) Prohibition against combining forms of homeownership assistance. A family may only receive one form of homeownership assistance. Accordingly, a family that includes a person who was an adult member of a family that previously received either of the two forms of homeownership assistance may not receive the other form of homeownership assistance from any PHA.
(d) PHA choice to offer homeownership options.(1) The PHA may choose to offer either or both forms of homeownership assistance under this subpart, or choose not to offer either form of assistance. However, the PHA must offer either form of homeownership assistance if necessary as a reasonable accommodation for a person with disabilities in accordance with § 982.601(b)(3).
(2) It is the sole responsibility of the PHA to determine whether it is reasonable to implement a homeownership program as a reasonable accommodation. The PHA will determine what is reasonable based on the specific circumstances and individual needs of the person with a disability. The PHA may determine that it is not reasonable to offer homeownership assistance as a reasonable accommodation in cases where the PHA has otherwise opted not to implement a homeownership program.
(e) Family choice.(1) The family chooses whether to participate in the homeownership option if offered by the PHA.
(2) If the PHA offers both forms of homeownership assistance, the family chooses which form of homeownership assistance to receive.
(f) The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and useable by persons with disabilities in accordance with part 8 of this title. (See § 982.316 concerning occupancy by a live-in aide.)
(g) The PHA must have the capacity to operate a successful Section 8 homeownership program. The PHA has the required capacity if it satisfies either paragraph (g)(1), (g)(2), or (g)(3) of this section.
(1) The PHA establishes a minimum homeowner downpayment requirement of at least 3 percent of the purchase price for participation in its Section 8 homeownership program, and requires that at least one percent of the purchase price come from the family's personal resources;
(2) The PHA requires that financing for purchase of a home under its Section 8 homeownership program:
(i) Be provided, insured, or guaranteed by the state or Federal government;
(ii) Comply with secondary mortgage market underwriting requirements; or
(iii) Comply with generally accepted private sector underwriting standards; or
(3) The PHA otherwise demonstrates in its Annual Plan that it has the capacity, or will acquire the capacity, to successfully operate a Section 8 homeownership program.
(h) Recapture of homeownership assistance. A PHA shall not impose or enforce any requirement for the recapture of voucher homeownership assistance on the sale or refinancing of a home purchased with assistance under the homeownership option.
(i) Applicable requirements. The following specify what regulatory provisions (under the heading “homeownership option”) are applicable to either or both forms of homeownership assistance (except as otherwise specifically provided):
(1) Common provisions. The following provisions apply to both forms of homeownership assistance: