1. (a) Policy. It is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees comply with the eligibility requirements applicable to the specific Weatherization Assistance Program funds as described below.

2. (b) Procedures. United States Department of Energy, PVE, and LIHEAP funds eligibility requirements under the United States Department of Energy guidelines, see 10 C.F.R. § 440.22, are:

   1. (1) A dwelling unit is eligible for weatherization assistance if it is occupied by a family unit:

      1. (A) Whose income is at or below one hundred twenty-five percent (125%) of the poverty level; or
      2. (B) Which contains a member who has received cash assistance payments under Title IV or XVI of the Social Security Act of 1935 or applicable state or local law during the twelve-month period preceding the determination of eligibility; and

   2. (2) A subgrantee may weatherize a building containing rental dwelling units where:

      1. (A) The subgrantee has obtained the written permission of the owner or his or her agent; and
      2. (B) Not less than sixty-six percent (66%) (fifty percent (50%) for duplexes and four-unit buildings) of the units are eligible units or will become eligible dwelling units within one hundred eighty (180) days under a federal, state, or local government program for rehabilitating the building or making similar improvements to the building.

Codification Notes: “LIHEAP” means the Low Income Home Energy Assistance Program. "PVE" means Petroleum Violation Escrow. The Social Security Act of 1935 was enacted Aug. 14, 1935, as Pub. L. No. 74-271.