cfr_sections
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42 rows where part_number = 882 and title_number = 24 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 24:24:4.1.2.1.6.1.1.1 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | A | Subpart A—Applicability, Scope and Basic Policies | § 882.101 Applicability. | HUD | [63 FR 23853, Apr. 30, 1998] | (a) The provisions of this part apply to the Section 8 Moderate Rehabilitation program. (b) This part states the policies and procedures to be used by a PHA in administering a Section 8 Moderate Rehabilitation program. The purpose of this program is to upgrade substandard rental housing and to provide rental subsidies for low-income families. (c) Subpart H of this part only applies to the Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals. | ||||
| 24:24:4.1.2.1.6.1.1.2 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | A | Subpart A—Applicability, Scope and Basic Policies | § 882.102 Definitions. | HUD | [63 FR 23853, Apr. 30, 1998, as amended at 63 FR 46578, Sept. 1, 1998; 66 FR 28797, May 24, 2001; 81 FR 80812, Nov. 16, 2016] | (a) Terms found elsewhere. The following terms are defined in part 5, subpart A of this title: 1937 Act, covered person, drug, drug-related criminal activity, federally assisted housing, guest, household, HUD, MSA, other person under the tenant's control, public housing agency (PHA), Section 8, and violent criminal activity. (b) In addition, the following definitions apply to this part: ACC reserve account (or “project account”). The account established and maintained in accordance with § 882.403(b). Agreement to enter into Housing Assistance Payments Contract (“Agreement”). A written agreement between the Owner and the PHA that, upon satisfactory completion of the rehabilitation in accordance with requirements specified in the Agreement, the PHA will enter into a Housing Assistance Payments Contract with the Owner. Annual Contributions Contract (“ACC”). The written agreement between HUD and a PHA to provide annual contributions to the PHA to cover housing assistance payments and other expenses pursuant to the 1937 Act. Assisted lease (or “lease”). A written agreement between an Owner and a Family for the leasing of a unit by the Owner to the Family with housing assistance payments under a Housing Assistance Payments Contract between the Owner and the PHA. Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. Contract. See definition of Housing Assistance Payments Contract. Contract rent. The total amount of rent specified in the Housing Assistance Payments Contract as payable to the Owner by the Family and by the PHA to the Owner on the Family's behalf. Covered housing provider. For the Section 8 Moderate Rehabilitation Programs, as provided in subparts A, D, and E of this part, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), refers to the PHA or owner, as applicable given the responsibi… | ||||
| 24:24:4.1.2.1.6.1.1.3 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | A | Subpart A—Applicability, Scope and Basic Policies | §§ 882.103-882.122 [Reserved] | HUD | ||||||
| 24:24:4.1.2.1.6.1.1.4 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | A | Subpart A—Applicability, Scope and Basic Policies | § 882.123 Conversion of Section 23 Units to Section 8 and Section 23 monitoring. | HUD | [44 FR 28276, Nov. 14, 1979, as amended at 60 FR 34694, July 3, 1995] | (a)-(d) [Reserved] (e) Section 23 policies for units planned for conversion on or before September 30, 1981. (1) PHAs shall not enter into new leases with owners for additional units nor shall they renew or extend leases with owners except consistent with the conversion schedules. (2) Subject to the rights of families under existing leases, PHAs may continue to lease units to families under Section 23 only on a month-to-month basis. (3) PHAs shall conduct annual inspections of all units to determine whether the units are decent, safe and sanitary. (4) PHAs shall certify with their requisitions to HUD for payments under the ACC that the units are decent, safe and sanitary, or the PHA shall furnish HUD with a report of the nature of the deficiencies of the units which are not so certified. If an owner's units are not decent, safe and sanitary. (i) Where the owner is responsible under the terms of the lease for correcting the deficiencies, the PHA shall send the owner written notification requiring the owner to take specified corrective action within a specified time. The notification shall also state that, if the owner fails to comply, rent payments will be suspended. If the owner fails to comply with the first notification, he shall be notified by the PHA of the noncompliance and rent payments shall be suspended immediately. In the event of such suspension of rent payments, the PHA shall requisition a correspondingly lower ACC payment. (ii) Where the PHA is responsible under the terms of the lease for correcting the deficiencies, the Field Office shall send written notification requiring the PHA to take specified corrective action within a specified time. The notification shall also state that, if the PHA fails to comply, HUD will make reduced payments to the PHA only in the amount of the rent due the owner. If the PHA fails to comply with the first notification, the PHA shall be notified of the noncompliance, and the PHA shall not receive any fees for performing management functions until the PHA has comp… | ||||
| 24:24:4.1.2.1.6.1.1.5 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | A | Subpart A—Applicability, Scope and Basic Policies | § 882.124 Audit. | HUD | [50 FR 39091, Sept. 27, 1985; 51 FR 30480, Aug. 27, 1986; 80 FR 75941, Dec. 7, 2015] | PHAs receiving financial assistance under this part are subject to audit requirements in 2 CFR part 200, subpart F. | ||||
| 24:24:4.1.2.1.6.3.1.1 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.401 Eligible properties. | HUD | [63 FR 23854, Apr. 30, 1998, as amended at 64 FR 14832, Mar. 29, 1999] | (a) Eligible properties. Except as provided in paragraph (b) of this section, housing suitable for moderate rehabilitation as defined in § 882.102 is eligible for inclusion under the Moderate Rehabilitation Program. Existing structures of various types may be appropriate for this program, including single-family houses, multi-family structures and group homes. (b) Ineligible properties. (1) Nursing homes, units within the grounds of penal, reformatory, medical, mental and similar public or private institutions, and facilities providing continual psychiatric, medical or nursing services are not eligible for assistance under the Moderate Rehabilitation Program. (2) Housing owned by a State or unit of general local government is not eligible for assistance under this program. (3) High rise elevator projects for families with children may not be utilized unless HUD determines there is no practical alternative. (HUD may make this determination for a locality's Moderate Rehabilitation Program in whole or in part and need not review each building on a case-by-case basis.) (4) Single room occupancy (SRO) housing may not be utilized unless: (i) The property is located in an area in which there is a significant demand for such units as determined by the HUD Field Office; and (ii) The PHA and the unit of general local government in which the property is located approve of such units being utilized for such purpose. (5) No Section 8 assistance may be provided with respect to any unit occupied by an Owner; however, cooperatives will be considered as rental housing for purposes of the Moderate Rehabilitation Program. | ||||
| 24:24:4.1.2.1.6.3.1.10 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.410 Rent adjustments. | HUD | [47 FR 34379, Aug. 9, 1982, as amended at 59 FR 47773, Sept. 16, 1994] | (a) Annual and special adjustments. Contract Rents will be adjusted as provided in paragraphs (a) (1) and (2) of this section upon submittal to the PHA by the Owner of a revised schedule of Contract Rents, provided that the unit is in decent, safe, and sanitary condition and that the Owner is otherwise in compliance with the terms of the Lease and Contract. Subject to the foregoing, adjustments of Contract Rents will be as follows: (1) The Annual Adjustment Factors which are published annually by HUD (see Schedule C, 24 CFR part 888) will be utilized. On or after each annual anniversary date of the Contract, the Contract Rents may be adjusted in accordance with HUD procedures, effective for the month following the submittal by the Owner of a revised schedule of Contract Rents. The changes in rent as a result of the adjustment cannot exceed the amount established by multiplying the Annual Adjustment Factor by the base rents. However, if the amounts borrowed to finance the rehabilitation costs or to finance purchase of the property are subject to a variable rate or are otherwise renegotiable, Contract Rents may be adjusted in accordance with other procedures as prescribed by HUD, and specified in the Contract, provided that the adjusted Contract Rents cannot exceed the rents established by multiplying the Annual Adjustment Factor by the Contract Rents. Adjusted Contract Rents must then be examined in accordance with paragraph (b) of this section and may be adjusted accordingly. Contract Rents may be adjusted upward or downward, as may be appropriate. (2) Special Adjustments. (i) A special adjustment, to the extent determined by HUD to reflect increases in the actual and necessary expenses of owning and maintaining the unit which have resulted from substantial general increases in real property taxes, assessments, utility rates and utilities not covered by regulated rates, may be recommended by the PHA for approval by HUD. Subject to appropriations, a special adjustment may also be recommended by the PHA for a… | ||||
| 24:24:4.1.2.1.6.3.1.11 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.411 Payments for vacancies. | HUD | [47 FR 34379, Aug. 9, 1982, as amended at 63 FR 23855, Apr. 30, 1998] | (a) Vacancies from execution of Contract to initial occupancy. If a Contract unit which has been rehabilitated in accordance with this Program is not leased within 15 days of the effective date of the Contract, the Owner will be entitled to housing assistance payments in the amount of 80 percent of the Contract Rent for the unit for a vacancy period not exceeding 60 days from the effective date of the Contract, provided that the Owner (1) has complied with §§ 882.506(d) and 882.508(c); (2) has taken and continues to take all feasible actions to fill the vacancy; and (3) has not rejected any eligible applicant except for good cause acceptable to the PHA. (b) Vacancies after initial occupancy. (1) If an Eligible Family vacates its unit (other than as a result of action by the Owner which is in violation of the Lease or the Contract or any applicable law), the Owner may receive the housing assistance payments due under the Contract for so much of the month in which the Family vacates the unit as the unit remains vacant. Should the unit continue to remain vacant, the Owner may receive from the PHA a housing assistance payment in the amount of 80 percent of the Contract Rent for a vacancy period not exceeding an additional month. However, if the Owner collects any of the Family's share of the rent for this period, the payment must be reduced to an amount which, when added to the Family's payment, does not exceed 80 percent of the Contract Rent. Any such excess must be reimbursed by the Owner to the PHA. The Owner will not be entitled to any payment under this paragraph (b)(1) of this section unless the Owner: (i) Immediately upon learning of the vacancy, has notified the PHA of the vacancy or prospective vacancy, and (ii) has taken and continues to take all feasible actions specified in paragraphs (a) (2) and (3) of this section. (2) If the Owner evicts an Eligible Family, the Owner will not be entitled to any payment under paragraph (b)(1) of this section unless the PHA determines that the Owner complied with… | ||||
| 24:24:4.1.2.1.6.3.1.12 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.412 Subcontracting of owner services. | HUD | (a) General. Any Owner may contract with any private or public entity to perform for a fee the services required by the Agreement, Contract or Lease, provided that such contract may not shift any of the Owner's responsibilities or obligations. (b) PHA management. If the Owner and a PHA wish to enter into a management contract, they may do so provided that: (1) The Housing Assistance Payments Contract with respect to the housing involved is administered by another PHA, or (2) Should another PHA not be available and willing to administer the Housing Assistance Payments Contract and no other management alternative exists, the HUD Field Office may authorize PHA management of units administered by the PHA in accordance with specified criteria. (3) Notwithstanding the provisions of § 882.408 (b) and (c), a PHA may not approve, without prior HUD approval, rents which exceed the appropriate Moderate Rehabilitation Fair Market Rent for a unit for which it provides the management functions under this section. | |||||
| 24:24:4.1.2.1.6.3.1.13 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.413 Responsibility of the Family. | HUD | [55 FR 28546, July 11, 1990, as amended at 63 FR 23855, Apr. 30, 1998] | (a) A family receiving housing assistance under this Program must fulfill all of its obligations under the Lease and Statement of Family Responsibility. (b) No family member may engage in drug-related criminal activity or violent criminal activity. Failure of the Family to meet its responsibilities under the Lease, the Statement of Family Responsibility, or this section shall constitute rounds for termination of assistance by the PHA. Should the PHA determine to terminate assistance to the Family, the provisions of § 882.514(f) must be followed. | ||||
| 24:24:4.1.2.1.6.3.1.14 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.414 Security and utility deposits. | HUD | [43 FR 61246, Dec. 29, 1978, as amended at 44 FR 31176, May 31, 1979; 49 FR 19945, May 10, 1984. Redesignated at 63 FR 23854, Apr. 30, 1998] | (a) If at the time of the initial execution of the Lease the Owner wishes to collect a security deposit, the maximum amount shall be the greater of one month's Total Tenant Payment or $50. However, this amount shall not exceed the maximum amount allowable under State or local law. For units leased in place, security deposits collected prior to the execution of a Contract which are in excess of this maximum amount do not have to be refunded until the Family vacates the unit subject to the lease terms. The Family is expected to pay security deposits and utility deposits from its resources and/or other public or private sources. (b) If a Family vacates the unit, the Owner, subject to State and local law, may use the security deposit as reimbursement for any unpaid Tenant Rent or other amount which the Family owes under the Lease. If a Family vacates the unit owing no rent or other amount under the Lease consistent with State or local law or if such amount is less than the amount of the security deposit, the Owner shall refund the full amount or the unused balance to the Family. (c) In those jurisdictions where interest is payable by the Owner on security deposits, the refunded amount shall include the amount of interest payable. The Owner shall comply with all State and local laws regarding interest payments on security deposits. (d) If the security deposit is insufficient to reimburse the Owner for the unpaid Tenant Rent or other amounts which the Family owes under the Lease, or if the Owner did not collect a security deposit, the Owner may claim reimbursement from the PHA for an amount not to exceed the lesser of: (1) The amount owed the Owner, or (2) Two month's Contract Rent; minus, in either case, the greater of the security deposit actually collected or the amount of security deposit the Owner could have collected under the program (pursuant to paragraph (a) of this section). Any reimbursement under this section must be applied first toward any unpaid Tenant Rent due under the Lease and then to any other … | ||||
| 24:24:4.1.2.1.6.3.1.2 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.402 [Reserved] | HUD | ||||||
| 24:24:4.1.2.1.6.3.1.3 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.403 ACC, housing assistance payments contract, and lease. | HUD | [47 FR 34379, Aug. 9, 1982, as amended at 64 FR 53869, Oct. 4, 1999] | (a) Maximum Total ACC Commitments. The maximum total annual contribution that may be contracted for is the total of the Moderate Rehabilitation Fair Market Rents for all the units. The fee for the costs of PHA administration is payable out of the annual contribution. (b) Project account. (1) A project account will be established and maintained by HUD as a specifically identified and segregated account for each project. The account will contain the sum of the amounts by which the maximum annual commitment exceeds the amount actually paid out for the project under the ACC each year. Payments will be made from this account when needed to cover increases in Contract Rents or decreases in Gross Family Contributions for (i) housing assistance (including vacancy) payments, (ii) the amount of the fee for PHA costs of administration, and (iii) other costs specifically approved by the Secretary. (2) When a HUD-approved estimate of required payments under the ACC for a fiscal year exceeds the maximum annual commitment, and would cause the amount in the project account to be less than 40 percent of the maximum, HUD will, within a reasonable period of time, take such additional steps authorized by Section 8(c)(6) of the U.S. Housing Act of 1937, as may be necessary, to assure that payments under the ACC will be adequate to cover increases in Contract Rents and decreases in Gross Family Contributions. (c) Term of Housing Assistance Payments Contract. The Contract for any unit rehabilitated in accordance with the Program must be for a term of 15 years. (d) Term of Lease. (1) The initial lease between the family and the Owner must be for at least one year or the term of the HAP contract, whichever is shorter. In cases where there is less than one year remaining on the HAP contract, the owner and the PHA may mutually agree to terminate the unit from the HAP contract instead of leasing the unit to an eligible family. (2) Any renewal or extension of the lease term for any unit must in no case extend beyond the remainin… | ||||
| 24:24:4.1.2.1.6.3.1.4 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.404 Physical condition standards; physical inspection requirements. | HUD | [63 FR 46579, Sept. 1, 1998; 64 FR 50227, Sept. 15, 1999; 88 FR 30499, May 11, 2023] | (a) Compliance with physical condition standards. Housing in this program must be maintained and inspected in accordance with the requirements in 24 CFR part 5, subpart G. (b) Space and security. In addition to the standards in 24 CFR part 5, subpart G, a dwelling unit used in the Section 8 moderate rehabilitation program that is not SRO housing must have a living room, a kitchen area, and a bathroom. Such a dwelling unit must have at least one bedroom or living/sleeping room for each two persons. (c) Special housing types. The following provisions in 24 CFR part 982, subpart M (Special Housing Types) apply to the Section 8 moderate rehabilitation program: (1) 24 CFR 982.605(b) (for SRO housing). For the Section 8 moderate rehabilitation SRO program under subpart H of this part 882, see also § 882.803(b). (2) 24 CFR 982.609(b) (for congregate housing). (3) 24 CFR 982.614(c) (for group homes). | ||||
| 24:24:4.1.2.1.6.3.1.5 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.405 Financing. | HUD | (a) Types. Any type of public or private financing may be utilized with the exception of the rehabilitation loan program under Section 312 of the Housing Act of 1964. (b) Use of Contract as security for financing. An Owner may pledge, or offer as security for any loan or obligation, an Agreement or Contract entered into pursuant to this Program, Provided That (1) such security is in connection with a unit(s) rehabilitated pursuant to this Program and (2) the terms of the financing or any refinancing must be approved by the PHA in accordance with standards provided by HUD. Any pledge of the Agreement or Contract, or payments thereunder, will be limited to the amounts payable under the Contract in accordance with its terms. | |||||
| 24:24:4.1.2.1.6.3.1.6 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.406 [Reserved] | HUD | ||||||
| 24:24:4.1.2.1.6.3.1.7 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.407 Other Federal requirements. | HUD | [81 FR 80812, Nov. 16, 2016] | (a) The moderate rehabilitation program is subject to applicable Federal requirements in 24 CFR 5.105 and to the requirements for protection for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). (b) In order to facilitate emergency transfers for victims of domestic violence, dating violence, sexual assault, or stalking, covered housing providers have discretion to adopt and modify any existing admission preferences or transfer waitlist priorities for victims of domestic violence, dating violence, sexual assault, or stalking. (c) Covered housing providers must develop and implement an emergency transfer plan that meets the requirements in 24 CFR 5.2005(e), and when a safe unit is not immediately available for a victim of domestic violence, dating violence, sexual assault, and stalking who qualifies for an emergency transfer, covered housing providers must, at a minimum: (1) Review the covered housing provider's existing inventory of units and determine when the next vacant unit may be available; and (2) Provide a listing of nearby HUD subsidized rental properties, with or without preference for persons of domestic violence, dating violence, sexual assault, or stalking, and contact information for the local HUD field office. (d) Each year, the covered housing provider must submit to HUD data on all emergency transfers requested under 24 CFR 5.2005(e), pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests. | ||||
| 24:24:4.1.2.1.6.3.1.8 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.408 Initial contract rents. | HUD | [47 FR 34379, Aug. 9, 1982, as amended at 52 FR 19725, May 27, 1987] | (a) Fair Market Rent limitation. The Fair Market Rent Schedule for Moderate Rehabilitation is 120 percent of the Existing Housing Fair Market Rent Schedule, except that the Fair Market Rent limitation applicable to single room occupancy housing is 75 percent of the Moderate Rehabilitation Fair Market Rent for a 0-bedroom unit. The initial Gross Rent for any Moderate Rehabilitation unit must not exceed the Moderate Rehabilitation Fair Market Rent applicable to the unit on the date that the Agreement is executed except by up to 10 percent as provided in paragraph (b) of this section. Additionally, to the extent provided in paragraph (d) of this section, the PHA may approve changes in the Contract Rent subsequent to execution of the Agreement which result in an initial Gross Rent which exceeds the Moderate Rehabilitation Fair Market Rent applicable to the unit by up to 20 percent. (b) Exception rents. With HUD Field Office approval, the PHA may approve initial Gross Rents which exceed the applicable Moderate Rehabilitation Fair Market Rents by up to 10 percent for all units of a given size in specified areas where HUD has determined that the rents for standard units suitable for the Existing Housing Program are more than 10 percent higher than the Existing Housing Fair Market Rents. The PHA must submit documentation demonstrating the necessity for such exception rents in the area to the HUD Field Office. In areas where HUD has approved the use of exception rents for 0-bedroom units, the single room occupancy housing exception rent will be 75 percent of the exception rent applicable to Moderate Rehabilitation 0-bedroom units. (c) Determination Initial Contract Rents. (1) The initial Contract Rent and base rent for each unit must be computed in accordance with HUD requirements. These amounts may be determined in accordance with paragraph (c)(2), or in accordance with an alternative method prescribed by HUD. However, the initial Contract Rent may in no event be more than— (i) The Moderate Rehabilitation Fair M… | ||||
| 24:24:4.1.2.1.6.3.1.9 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | D | Subpart D—Special Procedures for Moderate Rehabilitation—Basic Policies | § 882.409 Contract rents at end of rehabilitation loan term. | HUD | For a Contract where the initial Contract Rent was based upon a loan term shorter than 15 years, the Contract must provide for reduction of the Contract Rent effective with the rent for the month following the end of the term of the rehabilitation loan. The amount of the reduction will be the monthly cost of amortization of the rehabilitation loan. This reduction should result in a new Contract Rent equal to the base rent established pursuant to § 882.408(c) plus all subsequent adjustments. | |||||
| 24:24:4.1.2.1.6.4.1.1 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | §§ 882.501-882.506 [Reserved] | HUD | ||||||
| 24:24:4.1.2.1.6.4.1.10 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.515 Reexamination of family income and composition. | HUD | [56 FR 7539, Feb. 22, 1991, as amended at 60 FR 14844, Mar. 20, 1995; 61 FR 11118, Mar. 18, 1996; 61 FR 13625, Mar. 27, 1996; 63 FR 23855, Apr. 30, 1998; 88 FR 9667, Feb. 14, 2023] | (a) Regular reexaminations. The PHA must reexamine the income and composition of all families at least once every 12 months. After consultation with the family and upon verification of the information, the PHA must make appropriate adjustments in the Total Tenant Payment in accordance with part 813 of this chapter and determine whether the family's unit size is still appropriate (see § 882.213). The PHA must adjust Tenant Rent and the Housing Assistance Payment to reflect any change in Total Tenant Payment. At the time of the annual reexamination of family income and composition, the PHA must require the family to disclose and verify Social Security Numbers. For requirements regarding the signing and submitting of consent forms by families for the obtaining of wage and claim information from State Wage Information Collection Agencies, see part 5, subpart B, of this title. At the first regular reexamination after June 19, 1995, the PHA shall follow the requirements of 24 CFR part 5 concerning obtaining and processing evidence of citizenship or eligible immigration status of all family members. Thereafter, at each regular reexamination, the PHA shall follow the requirements of 24 CFR part 5 concerning verification of immigration status of any new family member. For a family with net family assets (as the term is defined in § 5.603 of this title) equal to or less than $50,000, which amount will be adjusted annually by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, a PHA may accept, for purposes of recertification of income, a family's declaration under § 5.618(b) of this title, except that the PHA must obtain third-party verification of all family assets every 3 years. (b) Interim reexaminations. (1) A family may request an interim determination of family income or composition because of any changes since the last determination. The PHA must conduct any interim reexamination within a reasonable period of time after the family request or when the PHA becomes aware of… | ||||
| 24:24:4.1.2.1.6.4.1.11 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.516 Maintenance, operation, and inspections. | HUD | [47 FR 34383, Aug. 9, 1982, as amended at 53 FR 8065, Mar. 11, 1988; 80 FR 75941, Dec. 7, 2015; 88 FR 30499, May 11, 2023] | (a) Maintenance and operation. The Owner must provide all the services, maintenance and utilities as agreed to under the Contract, subject to abatement of housing assistance payments or other applicable remedies if the Owner fails to meet these obligations. (b) Periodic inspection. In addition to the inspections required prior to execution of the Contract, the PHA must inspect or cause to be inspected the contract units in accordance with the physical inspection requirements under 24 CFR part 5, subpart G, at least annually, and at such other times as may be necessary to assure that the Owner is meeting the obligations to maintain the units so they are compliant with 24 CFR part 5, subpart G, and to provide the agreed upon utilities and other services. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections. (c) Units with health and safety hazards. If the PHA notifies the Owner that the unit(s) under Contract are not being maintained in compliance with the standards under 24 CFR part 5, subpart G, and the Owner fails to take corrective action (including corrective action with respect to the Family where the condition of the unit is the fault of the Family) within the time prescribed in the notice, the PHA may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments (even if the Family continues in occupancy) or termination of the Contract on the affected unit(s) and assistance to the Family in accordance with § 882.514(e). (d) PHA management. Where the PHA is managing units on which it is also administering the Housing Assistance Payments Contract pursuant to a management contract approved by HUD in accordance with § 882.412, HUD will make reviews of project operations, including inspections, in addition to required PHA reviews. These HUD reviews will be sufficient to assure that the Owner and the PHA are in full compliance with the terms and conditions of the Contract and the ACC. Should… | ||||
| 24:24:4.1.2.1.6.4.1.12 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.517 HUD review of contract compliance. | HUD | [43 FR 61246, Dec. 29, 1978. Redesignated at 63 FR 23854, Apr. 30, 1998] | HUD will review program operations at such intervals as it deems necessary to ensure that the Owner and the PHA are in full compliance with the terms and conditions of the Contract and the ACC. Equal Opportunity review may be conducted with the scheduled HUD review or at any time deemed appropriate by HUD. | ||||
| 24:24:4.1.2.1.6.4.1.13 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.518 Denial of admission and termination of assistance for criminals and alcohol abusers. | HUD | [66 FR 28797, May 24, 2001] | (a) Requirement to deny admission —(1) Prohibiting admission of drug criminals. (i) The PHA must prohibit admission to the program of an applicant for three years from the date of termination of tenancy if any household member's federally assisted housing tenancy has been terminated for drug-related criminal activity. However, the PHA may admit the household if the PHA determines: (A) The household member who engaged in drug-related criminal activity and whose tenancy was terminated has successfully completed an approved supervised drug rehabilitation program, or (B) The circumstances leading to the termination of tenancy no longer exist (for example, the criminal household member has died or is imprisoned). (ii) The PHA must establish standards that permanently prohibit admission to the program if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. (iii) The PHA must establish standards that prohibit admission of a household to the program if the PHA determines that any household member is currently engaging in illegal use of a drug or that it has reasonable cause to believe that a household member's pattern of illegal use of a drug, as defined in § 5.100 of this title, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. (2) Prohibiting admission of sex offenders. The PHA must establish standards that prohibit admission to the program if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program. In this screening of applicants, the PHA must perform criminal history background checks necessary to determine whether any household member is subject to a lifetime sex offender registration requirement in the State where the housing is located and in other States where household members are known to have resided. (b) Authority to deny admission —(1) Prohibiting admission … | ||||
| 24:24:4.1.2.1.6.4.1.2 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.507 Completion of rehabilitation. | HUD | [47 FR 34383, Aug. 9, 1982, as amended at 52 FR 1895, Jan. 15, 1987; 64 FR 50227, Sept. 15, 1999] | (a) Notification of completion. The Owner must notify the PHA when the work is completed and submit to the PHA the evidence of completion and certifications described in paragraphs (b) and (c) of this section. (b) Evidence of completion. Completion of the unit(s) must be evidenced by furnishing the PHA with the following: (1) A certificate of occupancy and/or other official approvals as required by the locality. (2) A certification by the Owner that: (i) The unit(s) has been completed in accordance with the requirements of the Agreement; (ii) The unit(s) is in good and tenantable condition; (iii) The unit(s) has been rehabilitated in accordance with the applicable zoning, building, housing and other codes, ordinances or regulations, as modified by any waivers obtained from the appropriate officials; (iv) The unit(s) are in compliance with part 35, subparts A, B, H, and R of this title. (iv) Any unit(s) built prior to 1973 are in compliance with § 882.404(c)(3) and § 882.404(c)(4). (v) If applicable, the Owner has complied with the provisions of the Agreement relating to the payment of not less than prevailing wage rates and that to the best of the Owner's knowledge and belief there are no claims of underpayment concerning alleged violations of said provisions of the Agreement. In the event there are any such pending claims to the knowledge of the Owner, PHA or HUD, the Owner will be required to place sufficient amount in escrow, as determined by the PHA or HUD, to assure such payments. (c) Actual cost and rehabilitation loan certifications. The Owner must provide the PHA with a certification of the costs incurred for the rehabilitation and any temporary relocation as well as the interest rate and term of any rehabilitation loan. The Owner must certify that these are the actual costs, interest rate, and term. The PHA must review for completeness and accuracy and accept these certifications subject to the right of post audit. The PHA must then establish the Contract Rents as provided in § 882.408 w… | ||||
| 24:24:4.1.2.1.6.4.1.3 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.508 [Reserved] | HUD | ||||||
| 24:24:4.1.2.1.6.4.1.4 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.509 Overcrowded and under occupied units. | HUD | If the PHA determines that a Contract unit is not decent, safe, and sanitary by reason of increase in Family size, or that a Contract unit is larger than appropriate for the size of the Family in occupancy, housing assistance payments with respect to the unit will not be abated; However, the Owner must offer the Family a suitable alternative unit should one be available and the Family will be required to move. If the Owner does not have a suitable available unit, the PHA must assist the Family in locating other standard housing in the locality within the Family's ability to pay and require the Family to move to such a unit as soon as possible. In no case will a Family be forced to move nor will housing assistance payments under the Contract be terminated unless the Family rejects without good reason the offer of a unit which the PHA judges to be acceptable. | |||||
| 24:24:4.1.2.1.6.4.1.5 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.510 Adjustment of utility allowance. | HUD | [47 FR 34383, Aug. 9, 1982, as amended at 49 FR 19946, May 10, 1984] | The PHA must determine, at least annually, whether an adjustment is required in the Utility Allowance applicable to the dwelling units in the Program, on grounds of changes in utility rates or other change of general applicability to all units in the Program. The PHA may also establish a separate schedule of allowances for each building of 20 or more assisted units, based upon at least one year's actual utility consumption data following rehabilitation under the Program. If the PHA determines that an adjustment should be made in its Schedule of Allowances or if it establishes a separate schedule for a building which will change the allowance, the PHA must then determine the amounts of adjustments to be made in the amount of rent to be paid by affected Families and the amount of housing assistance payments and must notify the Owners and Families accordingly. Any adjustment to the Allowance must be implemented no later than at the Family's next reexamination or at lease renewal, whichever is earlier. | ||||
| 24:24:4.1.2.1.6.4.1.6 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.511 Lease and termination of tenancy. | HUD | [47 FR 34383, Aug. 9, 1982, as amended at 63 FR 23855, Apr. 30, 1998; 66 FR 28797, May 24, 2001; 73 FR 72342, Nov. 28, 2008; 75 FR 66261, Oct. 27, 2010; 81 FR 80812, Nov. 16, 2016; 86 FR 55701, Oct. 7, 2021] | (a) Lease. (1) The lease must include all provisions required by HUD, and must not include any provisions prohibited by HUD. (2) The lease must provide that drug-related criminal activity engaged in on or near the premises by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control is grounds for the owner to terminate tenancy. In addition, the lease must provide that the owner may terminate the tenancy of a family when the owner determines that a household member is illegally using a drug or when the owner determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. (b) Applicability. The provisions of this section apply to decisions by an Owner to terminate the tenancy of a Family during or at the end of the Family's lease term. (c) Grounds for termination of or refusal to renew the lease. The Owner must not terminate or refuse to renew the lease except upon the following grounds: (1) Serious or repeated violation of the terms and conditions of the lease. (2) Violation of applicable Federal, State or local law. (3) Other good cause. (d) Notice of termination of tenancy. (1) The Owner must serve a written notice of termination of tenancy on the Family which states the date the tenancy shall terminate. Such date must be in accordance with the following: (i) When termination is based on failure to pay rent, the date of termination must be not less than five working days after the Family's receipt of the notice; or, if the Secretary determines that tenants must be provided with adequate notice to secure Federal funding that is available due to a Presidential declaration of a national emergency, the date of termination must be not less than 30 days after the Family's receipt of the notice. (ii) When termination is based on serious or repeated violation of the terms and conditions of the lease or on violation of applicable Federal,… | ||||
| 24:24:4.1.2.1.6.4.1.7 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.512 Reduction of number of units covered by contract. | HUD | (a) Limitation on leasing to ineligible Families. Owners must lease all assisted units under Contract to Eligible Families. Leasing of vacant, assisted units to ineligible tenants is a violation of the Contract and grounds for all available legal remedies, including suspension or debarment from HUD programs and reduction of the number of units under the Contract, as set forth in paragraph (b) of this section. Once the PHA has determined that a violation exists, the PHA must notify HUD of its determination and the suggested remedies. At the direction of HUD, the PHA must take the appropriate action. (b) Reduction for failure to lease to Eligible Families. If, at any time beginning six months after the effective date of the Contract, the Owner fails for a period of six continuous months to have at least 90 percent of the assisted units leased or available for leasing by Eligible Families (because families initially eligible have become ineligible), the PHA may, on at least 30 days' notice, reduce the number of units covered by the Contract. The PHA may reduce the number of units to the number of units actually leased or available for leasing by Eligible Families plus 10 percent (rounded up). If the Owner has only one unit under Contract and if one year has elapsed since the date of the last housing assistance payment, the Contract may be terminated with the consent of the Owner. (c) Restoration. The PHA will agree to an amendment of the Contract, to provide for subsequent restoration of any reduction made pursuant to paragraph (b) if: (1) The PHA determines that the restoration is justified by demand, (2) The Owner otherwise has a record of compliance with obligations under the Contract, and (3) Contract authority is available. | |||||
| 24:24:4.1.2.1.6.4.1.8 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.513 Public notice to low-income families; waiting list. | HUD | (a) Public notice to low-income Families. (1) If the PHA does not have a waiting list which is sufficient to provide applicants for the units under the Moderate Rehabilitation Program, the PHA must, promptly after receiving the executed ACC, make known to the public the availability of the Program. (i) The notice must state that assistance under this Program will be available only in specified units which have been rehabilitated under the Program. (ii) The notice must be made in accordance with the PHA's HUD-approved application and with the HUD guidelines for fair housing requiring the use of the equal housing opportunity logotype, statement and slogan. (b) Waiting list. The PHA must maintain a waiting list for applicants for the Moderate Rehabilitation Program. This requirement may be met through the use of waiting lists for other subsidized housing programs such as the Existing Housing Program. | |||||
| 24:24:4.1.2.1.6.4.1.9 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | E | Subpart E—Special Procedures for Moderate Rehabilitation—Program Development and Operation | § 882.514 Family participation. | HUD | [47 FR 34383, Aug. 9, 1982] | (a) Initial determination of family eligibility. (1) The PHA is responsible for receipt and review of applications, and determination of family eligibility for participation in accordance with HUD regulations (see 24 CFR parts 5, 750 and 760). The PHA is responsible for verifying the sources and amount of the family's income and other information necessary for determining income eligibility and the amount of the assistance payments. (2) PHA records on applicants and Families selected to participate must be maintained so as to provide HUD with racial, gender, and ethnic data. (b) Selection of Families for participation. When vacancies occur, the PHA will refer to the Owner one or more appropriate size Families on its waiting list. The PHA must select Families for participation in accordance with the provisions of the Program and in accordance with the PHA's application, including any PHA requirement or preferences as approved by HUD. The PHA must select Families eligible for housing assistance payments currently residing in units that are designated for rehabilitation under the Program without requiring that these Families be placed on the waiting list. Notwithstanding the fact that the PHA may not be accepting additional applications for participation because of the length of the waiting list, the PHA may not refuse to place an applicant on the waiting list if the applicant is otherwise eligible for partcipation and claims that he or she qualifies for a Federal preference as provided in 24 CFR part 5, unless the PHA determines, on the basis of the number of applicants who are already on the waiting list and who claim a Federal preference, and the anticipated number of admissions under this part, that— (1) There is an adequate pool of applicants who are likely to qualify for a Federal preference and (2) It is unlikely that, on the basis of the PHA's system for applying the Federal preferences, the preference or preferences that the applicant claims, and the preferences claimed by applicants on the waiting … | ||||
| 24:24:4.1.2.1.6.6.1.1 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.801 Purpose. | HUD | The purpose of the Section 8 Moderate Rehabilitation Program for Single Room Occupancy (SRO) Dwellings for Homeless Individuals is to provide rental assistance for homeless individuals in rehabilitated SRO housing. The Section 8 assistance is in the form of rental assistance payments. These payments equal the rent for the unit, including utilities, minus the portion of the rent payable by the tenant under the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq. ). | |||||
| 24:24:4.1.2.1.6.6.1.10 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.810 Displacement, relocation, and acquisition. | HUD | [61 FR 48056, Sept. 11, 1996. Redesignated and amended at 63 FR 23857, Apr. 30, 1998] | (a) Minimizing displacement. (1) Consistent with the other goals and objectives of this part, owners must assure that they have taken all reasonable steps to minimize the displacement of persons (households, businesses, nonprofit organizations, and farms) as a result of a project assisted under this part. To the extent feasible, residential tenants must be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary, and affordable dwelling unit in the project upon its completion. (2) Whenever a building/complex is rehabilitated, and some but not all of the rehabilitated units will be assisted upon completion of the rehabilitation, the relocation requirements described in this section apply to the occupants of each rehabilitated unit, whether or not Section 8 assistance will be provided for the unit. (b) Temporary relocation. The following policies cover residential tenants who will not be required to move permanently but who must relocate temporarily for the project. Such tenants must be provided: (1) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation; (2) Appropriate advisory services, including reasonable advance written notice of: (i) The date and approximate duration of the temporary relocation; (ii) The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (iii) The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the project upon completion; and (iv) The assistance required under paragraph (b)(1) of this section. (c) Relocation assistance for displaced persons. A “displaced person” (defined in paragraph (g) of this section) must be provided relocation assistance at the levels described in, and in accordance with the requirements of, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) (42 U.S.C. 4601-4655) and implementing regulations in … | ||||
| 24:24:4.1.2.1.6.6.1.2 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.802 Definitions. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 23855, Apr. 30, 1998; 81 FR 80812, Nov. 16, 2016] | In addition to the definitions set forth in 24 CFR part 5 and § 882.102 (except for the definition of “ Single Room Occupancy (SRO) Housing ” therein) the following will apply: Agreement to enter into housing assistance payments contract (Agreement). A written agreement between the owner and the HA that, upon satisfactory completion of the rehabilitation in accordance with requirements specified in the Agreement, the HA will enter into a housing assistance payments contract with the owner. Applicant. A public housing agency or Indian housing authority (collectively referred to as HAs), or a private nonprofit organization that applies for assistance under this program. HUD will require private nonprofit applicants to subcontract with public housing agencies to administer their rental assistance. Covered housing provider. For the Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals, “covered housing provider,” as such term is used in HUD's regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), refers to the owner. Eligible individual (“individual”). An individual who is capable of independent living and is authorized for admission to assisted housing under 24 CFR part 5. Homeless individual. An individual as described in section 103 of the McKinney Act (42 U.S.C. 11302). McKinney Act. The Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq. ). Moderate rehabilitation. Rehabilitation involving a minimum expenditure of $3,000 for a unit, including its prorated share of work to be accomplished on common areas or systems, to upgrade to decent, safe, and sanitary condition to comply with the Housing Quality Standards or other standards approved by HUD, from a condition below those standards (improvements being of a modest nature and other than routine maintenance). Private nonprofit organization. An organization, no part of the net earnings of which inures to the benefit of a… | ||||
| 24:24:4.1.2.1.6.6.1.3 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.803 Project eligibility and other requirements. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 46579, Sept. 1, 1998; 64 FR 50227, Sept. 15, 1999] | (a) Eligible and ineligible properties. (1) Except as otherwise provided in paragraph (a) of this section, housing suitable for moderate rehabilitation is eligible for inclusion under this program. Existing structures of various types may be appropriate for this program, including single family houses and multifamily structures. (2) Housing is not eligible for assistance under this program if it is receiving Federal funding for rental assistance or operating costs under other HUD programs. (3) Nursing homes and related facilities such as intermediate care or board and care homes; units within the grounds of penal, reformatory, medical, mental, and similar public or private institutions; and facilities providing continual psychiatric, medical, or nursing services are not eligible for assistance under this program. (4) No Section 8 assistance may be provided with respect to any unit occupied by an owner. (5) Housing located in the Coastal Barrier Resources System designated under the Coastal Barriers Resources Act is not eligible. (6) Single-sex facilities are allowable under this program, provided that the HA determines that because of the physical limitations or configuration of the facility, considerations of personal privacy require that the facility (or parts of the facility) be available only to members of a single sex. (b)(1) Physical condition standards. Section 882.404 applies to this program. (2) Site standards. (i) The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed; adequate utilities and streets must be available to service the site. (The existence of a private disposal system and private sanitary water supply for the site, approved in accordance with local law, may be considered adequate utilities.) (ii) The site must be suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), title VIII of the Civil Rights Act … | ||||
| 24:24:4.1.2.1.6.6.1.4 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.804 Other Federal requirements. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 81 FR 80812, Nov. 16, 2016] | (a) Participation in this program requires compliance with the Federal requirements set forth in 24 CFR 5.105, with the Americans with Disabilities Act (42 U.S.C. 12101 et seq. ), and with the regulations in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). (b) In order to facilitate emergency transfers for victims of domestic violence, dating violence, sexual assault, or stalking, covered housing providers have discretion to adopt and modify any existing admission preferences or transfer waitlist priorities for victims of domestic violence, dating violence, sexual assault, or stalking. (c) Covered housing providers must develop and implement an emergency transfer plan that meets the requirements in 24 CFR 5.2005(e), and when a safe unit is not immediately available for a victim of domestic violence, dating violence, sexual assault, and stalking who qualifies for an emergency transfer, covered housing providers must, at a minimum: (1) Review the covered housing provider's existing inventory of units and determine when the next vacant unit may be available; and (2) Provide a listing of nearby HUD subsidized rental properties, with or without preference for persons of domestic violence, dating violence, sexual assault, or stalking, and contact information for the local HUD field office. (d) Each year, the covered housing provider must submit to HUD data on all emergency transfers requested under 24 CFR 5.2005(e), pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests. (e) For agreements covering nine or more assisted units, the following requirements for labor standards apply: (1) Not less than the wages prevailing in the locality, as determined by the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 276a through 276a-5), must be paid to all laborers and mechanics employed in the development of the project, other than volunteers under the conditions se… | ||||
| 24:24:4.1.2.1.6.6.1.5 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.805 HA application process, ACC execution, and pre-rehabilitation activities. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 23855, Apr. 30, 1998] | (a) Review. When funds are made available for assistance, HUD will publish a notice of funding availability (NOFA) in the Federal Register in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the guidelines, rating criteria, and procedures published in the NOFA. (b) ACC Execution. (1) Before execution of the annual contributions contract (ACC), the HA must submit to the appropriate HUD field office the following: (i) Estimates of Required Annual Contributions, Forms HUD-52672 and HUD-52673; (ii) Administrative Plan, which should include: (A) Procedures for tenant outreach; (B) A policy governing temporary relocation; and (C) A mechanism to monitor the provision of supportive services. (iii) Proposed Schedule of Allowances for Tenant-Furnished Utilities and Other Services, Form HUD-52667, with a justification of the amounts proposed; (iv) If applicable, proposed variations to the acceptability criteria of the Housing Quality Standards (see § 882.803(b)); and (v) The fire and building code applicable to each structure. (2) After HUD has approved the HA's application, the review and comment requirements of 24 CFR part 791 have been complied with, and the HA has submitted (and HUD has approved) the items required by paragraph (b)(1) of this section, HUD and the HA must execute the ACC in the form prescribed by HUD. The initial term of the ACC must be 11 years. This term allows one year to rehabilitate the units and place them under a 10-year HAP contract. The ACC must give HUD the option to renew the ACC for an additional 10 years. (3) Section 882.403(a) (Maximum Total ACC Commitments) applies to this program. (4) Section 882.403(b) (Project account) applies to this program. (c)(1) If an owner is proposing to accomplish at least $3000 per unit of rehabilitation by including work to make the unit(s) accessible to a person with disabilities occupying the unit(s) or expected to occupy the unit(s), the PHA may approve such units not to exceed … | ||||
| 24:24:4.1.2.1.6.6.1.6 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.806 Agreement to enter into housing assistance payments contract. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 23856, Apr. 30, 1998] | (a) Rehabilitation period —(1) Agreement. Before the owner begins any rehabilitation, the HA must enter into an Agreement with the owner in the form prescribed by HUD. (2) Timely performance of work. (i) After execution of the Agreement, the Owner must promptly proceed with the rehabilitation work as provided in the Agreement. If the work is not so commenced, diligently continued, or completed, the PHA will have the right to rescind the Agreement, or take other appropriate action. (ii) The Agreement must provide that the work must be completed and the contract executed within 12 months of execution of the ACC. HUD may reduce the number of units or the amount of the annual contribution commitment if, in HUD's determination, the HA fails to demonstrate a good faith effort to adhere to this schedule or if other reasons justify reducing the number of units. (3) Inspections. The PHA must inspect, as appropriate, during rehabilitation to ensure that work is proceeding on schedule and is being accomplished in accordance with the terms of the Agreement, particularly that the work meets the acceptable levels of workmanship and materials specified in the work write-up. (4) Changes. (i) The Owner must submit to the PHA for approval any changes from the work specified in the Agreement which would alter the design or the quality of the required rehabilitation. The PHA may condition its approval of such changes on a reduction of the Contract Rents. If changes are made without prior PHA approval, the PHA may determine that Contract Rents must be reduced or that the Owner must remedy any deficiency as a condition for acceptance of the unit(s). (ii) Contract rents may not be increased except in accordance with §§ 882.408(d) and 882.805(d)(2). (b) Completion of rehabilitation —(1) Notification of completion. Section 882.507(a) applies to this program. (2) Evidence of completion. Section 882.507(b) applies to this program, except that § 882.507(b)(2)(iv), concerning lead-based paint requirements, does not apply… | ||||
| 24:24:4.1.2.1.6.6.1.7 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.807 Housing assistance payments contract. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 23856, Apr. 30, 1998] | (a) Time of execution. Upon PHA acceptance of the unit(s) and certifications pursuant to § 882.507, the Contract will be executed by the Owner and the PHA. The effective date must be no earlier than the PHA inspection which provides the basis for acceptance as specified in § 882.507(e). (b) Term of contract. The contract for any unit rehabilitated in accordance with this program must be for a term of 10 years. The contract must give the HA the option to renew the contract for an additional 10 years. (c) Changes in contract rents from agreement. The contract rents may be higher or lower than those specified in the Agreement, in accordance with § 882.805(d). (d) Unleased unit(s). At the time of execution of the Contract, the Owner will be required to submit a list of dwelling unit(s) leased and not leased as of the effective date of the Contract. (e) Contract rents at end of rehabilitation loan term. For a contract in which the initial contract rent was based upon a loan term shorter than 10 years, the contract must provide for reduction of the contract rent effective with the rent for the month following the end of the term of the rehabilitation loan. The amount of the reduction will be the monthly cost of amortization of the rehabilitation loan. This reduction should result in a new contract rent equal to the base rent plus all subsequent adjustments. | ||||
| 24:24:4.1.2.1.6.6.1.8 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.808 Management. | HUD | [61 FR 48057, Sept. 11, 1996, as amended at 63 FR 23857, Apr. 30, 1998; 88 FR 9668, Feb. 14, 2023] | (a) Outreach to homeless individuals and appropriate organizations. (1) The HA or the owner must undertake outreach efforts to homeless individuals so that they may be brought into the program. The outreach effort should include notification to emergency shelter providers and other organizations that could provide referrals of homeless individuals. If the owner conducts the outreach effort, the owner must notify the HA so that it may provide referrals of homeless individuals. (2) Additional outreach concerns. If the procedures that the HA or owner intends to use to publicize the availability of this program are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, or mental or physical disability who may qualify for admission to the program, the HA or owner must establish additional procedures that will ensure that such persons are made aware of the availability of the program. The HA or owner must also adopt and implement procedures to ensure that interested persons can obtain information concerning the existence and location of services and facilities that are accessible to persons with disabilities. (3) First priority for homeless individuals. Homeless individuals must have the first priority for occupancy of housing rehabilitated under this program. (b) Individual participation —(1) Initial determination of individual eligibility. Section 882.514(a) applies to this program. (2) Owner selection of individuals. The owner must rent all vacant units under contract to homeless individuals located through HA or owner outreach efforts and determined by the HA to be eligible. The owner is responsible for tenant selection and may refuse any individual, provided the owner does not unlawfully discriminate. If the owner rejects an individual, and the individual believes that the owner's rejection was the result of unlawful discrimination, the individual may request the assistance of the HA in resolving the issue and may also file a complaint with HUD's Office of Fair… | ||||
| 24:24:4.1.2.1.6.6.1.9 | 24 | Housing and Urban Development | VIII | 882 | PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS | H | Subpart H—Section 8 Moderate Rehabilitation Single Room Occupancy Program for Homeless Individuals | § 882.809 Waivers. | HUD | Section 5.405(b) of this title does not apply to this program. |
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