h)
The case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be less than fair market value if the applicant or resident receives important considerations not measurable in dollar terms [24 CFR 5.603].
Permanently Absent – An individual shall be deemed permanently absent if s/he is gone from the unit for more than 90 total days in any 12-month period. An individual may be deemed temporarily absent for longer than 90 total days in a 12-month period only for the following reasons: a)
s/he is residing in a nursing or care facility for the recovery of a physical or mental illness – a letter from the attending physician must be provided stating that the individual is anticipated to return to her/his unit within no more than 6 months from the first day of absence from the unit.
b)
s/he is in another city/state/county to take care of an immediate family member with a serious medical or mental illness – a letter from the attending physician a letter from the attending physician must be provided stating that the immediate family member is anticipated to recover or no longer need assistance within no more than 6 months from the first day of the individual‘s absence from the unit.
Person with Disabilities [24 SFR 945.105] – a person who: a) b)
c)
Has a disability as defined in Section 223 of the Social Security Act (42 USC. 423); or, Is determined to have a physical or mental impairment that: (1)
Is expected to be of long continued and indefinite duration;
(2)
Substantially impedes his/her ability to live independently; and,
(3)
Is of such nature that such disability could be improved by more suitable housing conditions; or,
Has a developmental disability as defined in Section 102 (5) (b) of the Developmental Disabilities Assistance and Bill of Rights Act [42 USC. 6001 (5)].
Portion of Development - includes, one or more buildings in a multi-building project; one or more floors of a project or projects; a certain number of dwelling units in a project or projects [24 CFR 945.105]. Pro-rated Rent - Calculated by subtracting the Total Tenant Payment (―TTP‖) from the Maximum Rent. The result is the family maximum subsidy. Divide the family maximum subsidy by the number of household members. This is the member maximum subsidy. Multiply the member maximum subsidy by the number of family members with citizenship or eligible immigration status. This is the eligible subsidy. Subtract the eligible subsidy from the maximum rent to arrive at the family‘s rent [24 CFR 5.520]. See Restrictions on Housing Assistance to Non-Citizens Policy, (Appendix A). Qualified Individual with Disabilities, Section 504 - with respect to any non-employment program or activity which requires a person to perform a service or to achieve a level of accomplishment, means an individual with disabilities who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the recipient (―SFHA‖) can demonstrate would result in a fundamental alteration in its nature. [24 CFR 8.3]
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