24 C.F.R. § 960.102

§ 960.102 Definitions. (24 CFR Part 960)

In Force
Verified 8/21/2026 · Next check 9/20/2026
effective 8/21/2026FederalAffordable Housing Programs

Operative Text

24 C.F.R. § 960.102
(a) Definitions found elsewhere:

(1) General definitions. The following terms are defined in 24 CFR part 5, subpart A: 1937 Act, drug, drug-related criminal activity, elderly person, federally assisted housing, guest, household, HUD, MSA, premises, public housing, public housing agency (PHA), Section 8, violent criminal activity.

(2) Definitions under the 1937 Act. The following terms are defined in 24 CFR part 5, subpart D: annual contributions contract (ACC), applicant, elderly family, family, person with disabilities.

(3) Definitions and explanations concerning income and rent. The following terms are defined or explained in 24 CFR part 5, subpart F (§ 5.603): Annual income, economic self-sufficiency program, extremely low-income family, low-income family, tenant rent, total tenant payment, utility allowance.

(b) Additional definitions. In addition to the definitions in paragraph (a), the following definitions and cross-references apply:

Alternative non-public housing rent. A monthly rent equal to the greater of—

(i) The applicable fair market rent, as defined in 24 CFR part 888, subpart A, for the unit; or

(ii) The amount of the monthly subsidy provided for the unit, which will be determined by adding the per unit assistance provided to a public housing property as calculated through the applicable formulas for the Public Housing Capital Fund and Public Housing Operating Fund.

(A) For the Public Housing Capital Fund, the amount of Capital Funds provided to the unit will be calculated as the per unit Capital Fund assistance provided to a PHA for the development in which the family resides for the most recent funding year for which Capital Funds have been allocated;

(B) For the Public Housing Operating Fund, the amount of Operating Funds provided to the unit will be calculated as the per unit amount provided to the public housing project where the unit is located for the most recent funding year for which a final funding obligation determination has been made;

(C) HUD will publish such funding amounts no later than December 31 each year.

Ceiling rent. See § 960.253(d).

Covered housing provider. For HUD's public housing program, “covered housing provider,” as such term is in used HUD's regulations at 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), is the PHA.

Covered person. For purposes of this part, covered person means a tenant, any member of the tenant's household, a guest or another person under the tenant's control.

Designated housing. See part 945 of this chapter.

Disabled families. See § 5.403 of this title.

Eligible families. Low income families who are eligible for admission to the public housing program.

Flat rent. See § 960.253(b).

Income-based rent. See § 960.253(c).

Mixed population development. A public housing development, or portion of a development, that was reserved for elderly and disabled families at its inception (and has retained that character). If the development was not so reserved at its inception, the PHA has obtained HUD approval to give preference in tenant selection for all units in the development (or portion of development) to elderly families and disabled families. These developments were formerly known as elderly projects.

Non-public housing over-income family. A family whose income exceeds the over-income limit for 24 consecutive months and is paying the alternative non-public housing rent. See subpart E of this part.

Over-income family. A family whose income exceeds the over-income limit. See subpart E of this part.

Over-income limit. The over-income limit is determined by multiplying the applicable income limit for a very low-income family, as defined in § 5.603(b) of this title, by a factor of 2.4. See § 960.507(b).

PHA plan. See part 903 of this chapter.

Residency preference. A preference for admission of persons who reside in a specified geographic area.

Tenant-based. See § 982.1(b) of this chapter.
Source: Legislative text reproduced verbatim
Plain English

Section 960.102 serves as the definitional foundation for the federal public housing admissions and occupancy regulations found in 24 CFR Part 960. Rather than establishing new substantive rules, it consolidates and cross-references the precise meanings of key terms—such as 'covered person,' 'over-income family,' 'flat rent,' and 'alternative non-public housing rent'—that govern how public housing programs operate. Notably, it introduces a specific formula for calculating the 'alternative non-public housing rent,' which is the greater of the applicable fair market rent or the combined per-unit subsidy from the Capital and Operating Funds, with HUD required to publish those funding amounts annually by December 31.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 4, 2026

Plain English — not legal advice.

For Property Managers

Public Housing Agencies (PHAs) operating under 24 CFR Part 960 are expected to apply the definitions in § 960.102 consistently across their admissions, occupancy, and rent-setting practices. A compliant PHA ensures that terms like 'covered person,' 'over-income family,' and 'non-public housing over-income family' are used in accordance with these regulatory definitions when drafting lease agreements, policies, and tenant communications. PHAs also track HUD's annual publication of Capital Fund and Operating Fund per-unit amounts—released no later than December 31 each year—since those figures directly affect how the alternative non-public housing rent is calculated for applicable households.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants living in public housing governed by 24 CFR Part 960, the definitions established in § 960.102 shape many of the rights and obligations that appear throughout their lease and the broader Part 960 regulations, including who qualifies as a 'covered person' and what rent categories may apply to a household. Tenants who believe a PHA has misapplied one of these definitions—for example, in determining over-income status or calculating rent—may raise that concern as part of a grievance process under the PHA's established procedures. Tenant-rights organizations and HUD's regional offices can be resources for understanding how these definitions apply in particular program contexts.

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 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Aug 21, 2026
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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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