[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.315]

[Page 586-587]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
                        Subpart G--Leasing a Unit
 
Sec. 982.315  Family break-up.

    (a) The PHA has discretion to determine which members of an assisted 
family continue to receive assistance in the program if the family 
breaks up. The PHA administrative plan must state PHA policies on how to 
decide who remains in the program if the family breaks up.
    (b) The factors to be considered in making this decision under the 
PHA policy may include:

[[Page 587]]

    (1) Whether the assistance should remain with family members 
remaining in the original assisted unit.
    (2) The interest of minor children or of ill, elderly or disabled 
family members.
    (3) Whether family members are forced to leave the unit as a result 
or actual or threatened physical violence against family members by a 
spouse or other member of the household.
    (4) Other factors specified by the PHA.
    (c) If a court determines the disposition of property between 
members of the assisted family in a divorce or separation under a 
settlement or judicial decree, the PHA is bound by the court's 
determination of which family members continue to receive assistance in 
the program.