24 CFR 960.261 : Housing And Urban Development (§ 0.1 To Parts 4101-4199) — (§ 700.100 To Parts 1008-1699) — Regulations Relating To Housing And Urban Development (Continued) (§ 700.100 To Parts 1008-1699) — Office Of Assistant Secretary For Public And Indian Housing, Department Of Housing And Urban Development (Parts 900-901 To Parts 1008-1699) — Admission To, And Occupancy Of, Public Housing (§ 960.101 To § 960.707) — Rent And Reexamination (§ 960.253 To § 960.261) — Restriction on eviction of families based on income.

(a) PHAs may evict or terminate the tenancies of families who are over income, subject to paragraph (b) of this section.

(b) Unless it is required to do so by local law, a PHA may not evict or terminate the tenancy of a family solely because the family is over the income limit for public housing, if the family has a valid contract for participation in an FSS program under 24 part 984. A PHA may not evict a family for being over the income limit for public housing if the family currently receives the earned income disallowance provided by 42 U.S.C. 1437a(d) and 24 CFR 960.255.