§ 291.540 Owner-occupancy term.

(a) General. The owner-occupancy term is the number of months a participant in the GNND Sales Program must agree to own, and live in as his/her sole residence, a home purchased through the GNND Sales Program. (b) Start of owner-occupancy term. The owner-occupancy term is 36 months, commencing either: (1) Thirty days following closing if HUD determines that the home requires no more than $10,000 in repairs prior to occupancy; (2) Ninety days following closing if HUD determines that the home requires more than $10,000, but not more than $20,000 in repairs prior to occupancy; or (3) One hundred and eighty days following closing if HUD determines that the home requires more than $20,000 in repairs prior to occupancy. (c) Interruptions to owner-occupancy term—(1) General. HUD may, at its sole discretion, allow interruptions to the 36-month owner-occupancy term if it determines that the interruption is necessary to prevent hardship, but only if the law enforcement officer, teacher, or firefighter/emergency medical technician submits a written and signed request to HUD containing the following information: (i) The reason(s) why the interruption is necessary; (ii) The dates of the intended interruption; and (iii) A certification from the law enforcement officer, teacher, or firefighter/emergency medical technician that: (A) The law enforcement officer, teacher, or firefighter/emergency medical technician is not abandoning the home as his/her permanent residence; and (B) The law enforcement officer, teacher, or firefighter/emergency medical technician will resume occupancy of the home upon the conclusion of the interruption and complete the remainder of the 36-month owner-occupancy term. (2) Timing of written request to HUD. The written request for approval of an interruption to the owner-occupancy term must be submitted to HUD at least 30 calendar days before the anticipated interruption. Military service members protected by the Servicemembers Civil Relief Act need not submit their written request to HUD 30 days in advance of an anticipated interruption, but should submit their written request as soon as practicable upon learning of a potential interruption, in order to ensure timely processing and approval of the request.