24 C.F.R. § 5.902
§ 5.902 Definitions. (24 CFR Part 5)
Operative Text
(a) Terms found elsewhere. The following terms used in this subpart are defined in subpart A of this part: 1937 Act, drug, federally assisted housing, household, HUD, public housing, public housing agency (PHA), Section 8. (b) Additional terms used in this subpart are as follows: Adult. A person who is 18 years of age or older, or who has been convicted of a crime as an adult under any Federal, State, or tribal law. Covered housing. Public housing, project-based assistance under section 8 (including new construction and substantial rehabilitation projects), and tenant-based assistance under section 8. Law enforcement agency. The National Crime Information Center (NCIC), police departments and other law enforcement agencies that hold criminal conviction records. Owner. The owner of federally assisted housing. Responsible entity. For the public housing program, the Section 8 tenant-based assistance program (part 982 of this title), the Section 8 project-based voucher program (part 983 of this title), and the Section 8 moderate rehabilitation program (part 882 of this title), responsible entity means the PHA administering the program under an Annual Contributions Contract with HUD. For all other Section 8 programs, responsible entity means the Section 8 owner.
Section 5.902 of 24 CFR Part 5 establishes the working vocabulary for the subpart that governs criminal history screening and related requirements in federally assisted housing. It defines key terms such as 'adult,' 'covered housing,' 'law enforcement agency,' 'owner,' and 'responsible entity,' while pointing readers to subpart A for additional foundational terms. Notably, 'covered housing' encompasses public housing and both project-based and tenant-based Section 8 assistance, and 'responsible entity' identifies which organization—either a public housing agency or a Section 8 owner—bears administrative accountability depending on the program type.
Plain English — not legal advice.
Property owners and public housing agencies operating under the programs described in § 5.902 should be aware of how this provision assigns the label 'responsible entity,' since that designation determines which organization is accountable for administering screening and compliance obligations under the subpart. For most Section 8 programs outside of tenant-based, project-based voucher, and moderate rehabilitation programs, the Section 8 owner itself carries that responsibility. Operators generally maintain familiarity with these definitions to ensure their internal policies and procedures correctly reflect their role under the applicable program structure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants living in or applying to public housing or Section 8 housing, § 5.902 is foundational because it defines which housing is 'covered' and which entity is responsible for administering the program that affects their tenancy. Understanding that a PHA or an owner may be the 'responsible entity' depending on the program type can help tenants identify the correct office or agency when raising concerns about how screening or other subpart requirements are being applied. Tenants who believe these definitions are being misapplied may find it useful to contact a local tenant-rights organization or a HUD-approved housing counseling agency for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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