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64 rows where part_number = 983 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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| 24:24:4.1.3.1.20.1.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.1 When the PBV rule (24 CFR part 983) applies. | HUD | Part 983 applies to the project-based voucher (PBV) program. The PBV program is authorized by section 8(o)(13) of the U.S. Housing Act of 1937 (42 U.S.C. 1437f(o)(13)). | |||||
| 24:24:4.1.3.1.20.1.41.10 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.10 PBV provisions in the Administrative Plan. | HUD | [89 FR 38308, May 7, 2024, as amended at 89 FR 46020, May 28, 2024] | (a) PHA policymaking discretion. If a PHA exercises its discretion to operate a PBV program, the PHA's Administrative Plan as required by 24 CFR 982.54 of this title must include all the PHA's local policies on PBV-related matters over which the PHA is exercising its policymaking discretion. (b) PHA policies. The PHA Administrative Plan must cover, at a minimum, the following PHA policies, as applicable: (1) The definition of “project” as consistent with this part (§ 983.3(b)); (2) The program cap: (i) A description of the types and availability of services that will qualify units under the supportive services authority under the program cap (§ 983.6(d)(1)(iii)); and (ii) The PHA's policy limiting Family Unification Program assistance normally available for eligible families and youth described in Section 8(x)(2) of the U.S. Housing Act to youth (§ 983.6(d)(2)(ii)); (3) A description of the circumstances under which the PHA will use the competitive and noncompetitive selection methods and the procedures for submission and selection of PBV proposals (§ 983.51(a)); (4) The project cap: (i) The PHA's policy limiting Family Unification Program assistance normally available for eligible families and youth described in Section 8(x)(2) of the U.S. Housing Act to youth (§ 983.54(c)(2)(ii)); and (ii) A description of the types and availability of services that will qualify units under the supportive services exception from the project cap (§ 983.54(c)(2)(iii)); (5) The site selection standards: (i) The PHA's standard for deconcentrating poverty and expanding housing and economic opportunities (§ 983.55(b)(1)); and (ii) The PHA's site selection policy (§ 983.55(c)); (6) PHA inspection policies: (i) The timing of an initial inspection of existing housing (§ 983.103(c)(1)); (ii) Whether the PHA adopts for initial inspection of PBV existing housing the non-life-threatening deficiencies option, the alternative inspection option, or both, and whether the PHA adopts for periodic inspection of PBV housing the a… | ||||
| 24:24:4.1.3.1.20.1.41.11 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.11 Prohibition of excess public assistance. | HUD | [89 FR 38309, May 7, 2024] | (a) PBV assistance for newly constructed and rehabilitated housing. The PHA may provide PBV assistance for newly constructed and rehabilitated housing only in accordance with HUD subsidy layering regulations (24 CFR 4.13) and other requirements. (b) PBV assistance for existing housing. The subsidy layering requirements are not applicable to existing housing. (c) Development activity before HAP contract. For the subsidy layering requirements related to development activity to place newly constructed or rehabilitated housing under a HAP contract, see § 983.153(b). (d) Additional assistance after HAP contract. (1) For newly constructed or rehabilitated housing under a HAP contract, the owner must disclose to the PHA, in accordance with HUD requirements, information regarding any additional related assistance from the Federal Government, a State, or a unit of general local government, or any agency or instrumentality thereof. Such related assistance includes but is not limited to any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance. (2) If the additional related assistance in paragraph (d)(1) of this section meets certain threshold and other requirements established by HUD through publication in the Federal Register, a subsidy layering review may be required to determine if it would result in excess public assistance to the project. (3) Housing assistance payments must not be more than is necessary, as determined in accordance with HUD requirements, to provide affordable housing after taking account of such related assistance. The PHA must adjust, in accordance with HUD requirements, the amount of the housing assistance payments to the owner to compensate in whole or in part for such related assistance. | ||||
| 24:24:4.1.3.1.20.1.41.12 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.12 Project record retention. | HUD | [89 FR 38309, May 7, 2024] | (a) Records retained according to the contract term. For each PBV project, the PHA must maintain the following records throughout the HAP contract term and for three years thereafter: (1) Records to document the basis for PHA selection of the proposal, if selection is competitive, or project, if selection is noncompetitive, including records of the PHA's site selection determination (see § 983.55) and records to document the completion of the review of the selection process in the case of PHA-owned units and copies of the written notice of proposal selection and response of the appropriate party; (2) The analysis of impact (see § 983.58(b)), if applicable; (3) The subsidy layering determination, if applicable; (4) The environmental review record, if applicable; (5) The Agreement to enter into HAP contract, if applicable; (6) Evidence of completion (see § 983.155), if applicable; (7) The HAP contract and any rider and/or amendments, including amendments to extend the term of the contract; (8) Records to document the basis for PHA determination and redetermination of rent to owner; (9) Records to document HUD approval of the independent entity or entities, in the case of PHA-owned units; (10) Records of the accessibility features of the project and each contract unit; and (11) Other records as HUD may require. (b) [Reserved] | ||||
| 24:24:4.1.3.1.20.1.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.2 When the tenant-based voucher rule (24 CFR part 982) applies. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 81 FR 12377, Mar. 8, 2016; 88 FR 30504, May 11, 2023; 89 FR 38304, May 7, 2024] | (a) 24 CFR Part 982. Part 982 is the basic regulation for the tenant-based voucher program. Paragraphs (b) and (c) of this section describe the provisions of part 982 that do not apply to the PBV program. The rest of part 982 applies to the PBV program. For use and applicability of voucher program definitions at § 982.4, see § 983.3. (b) Types of 24 CFR part 982 provisions that do not apply to PBV. The following types of provisions in 24 CFR part 982 do not apply to PBV assistance under part 983. (1) Provisions on issuance or use of a voucher; (2) Provisions on portability; (3) Provisions on the following special housing types: Shared housing, manufactured home space rental, and the homeownership option. (c) Specific 24 CFR part 982 provisions that do not apply to PBV assistance. The following specific provisions in 24 CFR part 982 do not apply to PBV assistance under part 983: (1) In subpart D of part 982: paragraph (e)(2) of 24 CFR 982.158; (2) In subpart E of part 982: paragraph (e) of 24 CFR 982.201, paragraph (b)(2) of 24 CFR 982.202, and paragraph (d) of 24 CFR 982.204; (3) Subpart G of part 982 does not apply, with the following exceptions: (i) Section 982.310 (owner termination of tenancy) applies to the PBV program, but to the extent that those provisions differ from § 983.257, the provisions of § 983.257 govern; and (ii) Section 982.312 (absence from unit) applies to the PBV Program, but to the extent that those provisions differ from § 983.256(g), the provisions of § 983.256(g) govern; and (iii) Section 982.316 (live-in aide) applies to the PBV Program; (4) Subpart H of part 982; (5) In subpart I of part 982: 24 CFR 982.401; paragraphs (a)(3), (c), and (d) of 24 CFR 982.402; 24 CFR 982.403; 24 CFR 982.404; paragraphs (a), (b), (d), (i), and (j) of 24 CFR 982.405; paragraphs (a), (e), and (f) of 24 CFR 982.406; and 24 CFR 982.407; (6) In subpart J of part 982: paragraphs (a), (b)(3), (b)(4), and (c) of § 982.451; and § 982.455; (7) Subpart K of part 982: subpart K does not apply, ex… | ||||
| 24:24:4.1.3.1.20.1.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.3 PBV definitions. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 81 FR 80818, Nov. 16, 2016; 88 FR 30504, May 11, 2023; 89 FR 38305, May 7, 2024; 90 FR 56687, Dec. 8, 2025] | (a) General. This section defines PBV terms used in this part. For administrative ease and convenience, those part 982 terms that are also used in this part are identified in this section. In limited cases, where there is a slight difference with the part 982 term, an annotation is made in this section. (b) Definitions. The following definitions apply to this part: Abatement. See 24 CFR 982.4. Administrative fee. See 24 CFR 982.4. Administrative fee reserve. See 24 CFR 982.4. Administrative Plan. See 24 CFR 982.4. Admission. The point when the family becomes a participant in the PHA's tenant-based or project-based voucher program. If the family is not already a tenant-based voucher participant, the date of admission for the project-based voucher program is the first day of the initial lease term (the commencement of the assisted tenancy) in the PBV unit. After admission, and so long as the family is continuously assisted with tenant-based or project-based voucher assistance from the PHA, a shift from tenant-based or project-based assistance to the other form of voucher assistance is not a new admission. Agreement to enter into HAP contract (Agreement). A written contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines requirements for development activity undertaken for units to be assisted under this section. When development is completed by the owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner. The Agreement is not used for existing housing assisted under this section. Applicant. A family that has applied for admission to the PBV program but is not yet a program participant. Area where vouchers are difficult to use. An area where a voucher is difficult to use is: (i) A census tract with a poverty rate of 20 percent or less, as determined by HUD; (ii) A ZIP code area where the rental vacancy rate is less than 4 percent, as determined by HUD; or (iii) A ZIP code area where 90 percent of the Small Area FMR is more th… | ||||
| 24:24:4.1.3.1.20.1.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.4 Cross-reference to other Federal requirements. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 72 FR 73497, Dec. 27, 2007; 73 FR 72345, Nov. 28, 2008; 75 FR 66264, Oct. 24, 2010; 79 FR 36165, June 25, 2014; 81 FR 80818, Nov. 16, 2016; 85 FR 61568, Sept. 29, 2020; 89 FR 38306, May 7, 2024] | The following provisions apply to assistance under the PBV program. Civil money penalty. Penalty for owner breach of HAP contract. See 24 CFR 30.68. Debarment. Prohibition on use of debarred, suspended, or ineligible contractors. See 24 CFR 5.105(c) and 2 CFR part 2424. Disclosure and verification of income information. See 24 CFR part 5, subpart B. Environmental review. See 24 CFR parts 50 and 58 (see also provisions on PBV environmental review at § 983.58). Fair housing. Nondiscrimination and equal opportunity. See 24 CFR 5.105(a) and section 504 of the Rehabilitation Act. Fair market rents. See 24 CFR part 888, subpart A. Fraud. See 24 CFR part 792. PHA retention of recovered funds. Funds. See 24 CFR part 791. HUD allocation of voucher funds. Income and family payment. See 24 CFR part 5, subpart F (especially § 5.603 (definitions), § 5.609 (annual income), § 5.611 (adjusted income), § 5.628 (total tenant payment), § 5.630 (minimum rent), § 5.603 (utility allowance), § 5.603 (utility reimbursements), and § 5.661 (section 8 project-based assistance programs: approval for police or other security personnel to live in project). Labor standards. Regulations implementing the Davis-Bacon Act, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), 29 CFR part 5, and other federal laws and regulations pertaining to labor standards applicable to development (including rehabilitation) of a project comprising nine or more assisted units. Lead-based paint. Regulations implementing the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856). See 24 CFR part 35, subparts A, B, H, and R. Lobbying restriction. Restrictions on use of funds for lobbying. See 24 CFR 5.105(b). Noncitizens. Restrictions on assistance. See 24 CFR part 5, subpart E. Program accessibility. Regulations implementing Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). See 24 CFR parts 8 and 9. Protection for… | ||||
| 24:24:4.1.3.1.20.1.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.5 Description of the PBV program. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 89 FR 38306, May 7, 2024] | (a) How PBV works. (1) The PBV program is administered by a PHA that already administers the tenant-based voucher program under the consolidated annual contributions contract (ACC) in 24 CFR 982.151. In the PBV program, the assistance is “attached to the structure,” which may be a multifamily building or single-family building. (See description of the difference between “project-based” and “tenant-based” rental assistance at 24 CFR 982.1(b)). (2) The PHA enters into a HAP contract with an owner for units in existing housing or in newly constructed or rehabilitated housing. (3) In the case of new construction or rehabilitation, the owner may develop the housing pursuant to an Agreement (§ 983.154) between the owner and the PHA. In the Agreement, the PHA agrees to execute a HAP contract after the owner completes the construction or rehabilitation of the units. Alternatively: (i) The owner may develop the housing without an Agreement, before execution of a HAP contract, in accordance with § 983.154(f); or (ii) In the case of rehabilitation, the owner may develop the housing or complete development activity after execution of the HAP contract, in accordance with § 983.157. (4) During the term of the HAP contract, the PHA makes housing assistance payments to the owner for units leased and occupied by eligible families. (b) How PBV is funded. If a PHA decides to operate a PBV program, the PHA's PBV program is funded with a portion of appropriated funding (budget authority) available under the PHA's voucher ACC. This funding is used to pay housing assistance for both tenant-based and project-based voucher units. Likewise, the administrative fee funding made available to a PHA is used for the administration of both tenant-based and project-based voucher assistance. (c) PHA discretion to operate PBV program. A PHA has discretion whether to operate a PBV program. HUD approval is not required, except that the PHA must notify HUD of its intent to project-base its vouchers and when the PHA executes, amends, or ex… | ||||
| 24:24:4.1.3.1.20.1.41.6 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.6 Maximum number of PBV units (percentage limitation). | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014; 89 FR 38307, May 7, 2024] | (a) In general. Except as provided in paragraphs (d) and (e) of this section, a PHA may commit project-based assistance to no more than 20 percent of its authorized voucher units, as adjusted as provided in paragraph (e) of this section, at the time of commitment. An analysis of impact must be conducted in accordance with § 983.58, if a PHA is project-basing 50 percent or more of the PHA's authorized voucher units. (1) A PHA is not required to reduce the number of units to which it has committed PBV assistance under an Agreement or HAP contract if the number of authorized voucher units is subsequently reduced and the number of PBV units consequently exceeds the program limitation. (2) A PHA that was within the program limit prior to April 18, 2017, and exceeded the program limit on that date due solely to the change in how the program cap is calculated is not required to reduce the number of PBV units under an Agreement or HAP contract. (3) In the circumstances described in paragraphs (a)(1) and (2) of this section, the PHA may not add units to PBV HAP contracts, or enter into new Agreements or HAP contracts (except for HAP contracts resulting from Agreements entered into before the reduction of authorized units or April 18, 2017, as applicable), unless such units meet the conditions described in paragraph (d) or (e) of this section. (b) Units subject to percentage limitation. All PBV units which the PHA has selected (from the time of the proposal or project selection date) or which are under an Agreement or HAP contract for PBV assistance count toward the 20 percent maximum or increased cap, as applicable, except as provided in paragraph (e). (c) PHA determination. The PHA is responsible for determining the amount of budget authority that is available for project-based vouchers and for ensuring that the amount of assistance that is attached to units is within the amounts available under the ACC. (d) Increased cap. A PHA may project-base an additional 10 percent of its authorized voucher units at th… | ||||
| 24:24:4.1.3.1.20.1.41.7 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.7 Uniform Relocation Act. | HUD | (a) Relocation assistance for displaced person. (1) A displaced person 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 (URA) (42 U.S.C. 4201-4655) and implementing regulations at 49 CFR part 24. (2) The cost of required relocation assistance may be paid with funds provided by the owner, or with local public funds, or with funds available from other sources. Relocation costs may not be paid from voucher program funds; however, provided payment of relocation benefits is consistent with state and local law, PHAs may use their administrative fee reserve to pay for relocation assistance after all other program administrative expenses are satisfied. Use of the administrative fee reserve in this manner must be consistent with legal and regulatory requirements, including the requirements of 24 CFR 982.155 and other official HUD issuances. (b) Real property acquisition requirements. The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B. (c) Responsibility of PHA. The PHA must require the owner to comply with the URA and 49 CFR part 24. (d) Definition of initiation of negotiations. In computing a replacement housing payment to a residential tenant displaced as a direct result of privately undertaken rehabilitation or demolition of the real property, the term “initiation of negotiations” means the execution of the Agreement between the owner and the PHA. | |||||
| 24:24:4.1.3.1.20.1.41.8 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.8 Equal opportunity requirements. | HUD | (a) The PBV program requires compliance with all equal opportunity requirements under federal law and regulation, including the authorities cited at 24 CFR 5.105(a). (b) The PHA must comply with the PHA Plan civil rights and affirmatively furthering fair housing certification submitted by the PHA in accordance with 24 CFR 903.7(o). | |||||
| 24:24:4.1.3.1.20.1.41.9 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | A | Subpart A—General | § 983.9 Special housing types. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36165, June 25, 2014] | (a) Applicability. (1) For applicability of rules on special housing types at 24 CFR part 982, subpart M, see § 983.2. (2) In the PBV program, the PHA may not provide assistance for shared housing, manufactured home space rental, or the homeownership option. (b) Group homes. A group home may include one or more group home units. A separate lease is executed for each elderly person or person with disabilities who resides in a group home. (c) Cooperative housing. (1) Applicability of part 983. Except as provided in paragraph (c)(3) of this section, assistance under this housing type is subject to the regulations of part 983, except the following sections of part 983, subpart F: §§ 983.256(b) and (c), 983.258 and 983.259 do not apply. (2) Applicability of part 982. (i) Cooperative housing under the PBV program is also subject to the requirements of 24 CFR 982.619(b)(2), (b)(3), (b)(5), (d), and (e). (ii) Cooperative housing under the PBV program is not subject to the requirements of 24 CFR 982.619(a), (b)(1), (b)(4), and (c). (3) Assistance in cooperative housing. Rental assistance for PBV cooperative housing where families lease cooperative housing units from cooperative members is not a special housing type and all requirements of 24 CFR 983 apply. (4) Rent to owner. The regulations of 24 CFR part 983, subpart G, apply to PBV housing under paragraph (c) of this section. The reasonable rent for a cooperative unit is determined in accordance with § 983.303. For cooperative housing, the rent to owner is the monthly carrying charge under the occupancy agreement/lease between the member and the cooperative. (5) Other fees and charges. Fees such as application fees, credit report fees, and transfer fees shall not be included in the rent to owner. | ||||
| 24:24:4.1.3.1.20.2.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.51 Proposal and project selection procedures. | HUD | [89 FR 38309, May 7, 2024, as amended at 89 FR 46020, May 28, 2024; 90 FR 56688, Dec. 8, 2025] | (a) General procedures for submission and selection. The PHA Administrative Plan must describe the procedures for submission and selection of PBV proposals under the methods of competitive selection in paragraph (b) of this section and selection of projects under an exception to competitive selection under paragraph (c) of this section. The description must include under what circumstances the PHA will use the selection methods described in paragraphs (b) and (c) of this section. The PHA may allow for entities that have site control to submit proposals provided the entity will be the owner prior to entering into the Agreement or HAP contract. Before selecting a PBV proposal or project, the PHA must determine that the PBV proposal or project complies with HUD program regulations and requirements, including a determination that the property is eligible housing (§§ 983.52 and 983.53), complies with the cap on the number of PBV units per project (§ 983.54), and meets the site selection standards (§ 983.55). An owner may submit, and a PHA may select, a single proposal covering multiple projects where each project consists of a single-family building, provided all projects are the same housing type (existing, rehabilitated, or newly constructed). (b) Methods of competitive selection. The PHA must select PBV proposals in accordance with the selection procedures in the PHA Administrative Plan. (See paragraph (f) of this section for information about the selection of PHA-owned units.) The PHA must select PBV proposals by either of the following two methods: (1) The PHA may issue a request for proposals (RFP), selecting a PBV proposal through a competition. The PHA's RFP may not limit proposals to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. A PHA may establish selection procedures in the Administrative Plan that combine or are in conjunction with other Federal, State, or local government housing assistance, community de… | ||||
| 24:24:4.1.3.1.20.2.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.52 Prohibition of assistance for ineligible units. | HUD | (a) Ineligible unit. A HAP contract must not be effective and no PBV assistance may be provided for any of the following: (1) Shared housing; (2) Units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution; (3) Nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care. However, the PHA may execute a HAP contract and provide PBV assistance for a dwelling unit in an assisted living facility that provides home health care services such as nursing and therapy for residents of the housing; (4) Units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students of the institution; (5) Manufactured homes are ineligible only if the manufactured home is not permanently affixed to a permanent foundation or the owner does not own fee title to the real property (land) on which the manufactured home is located; and (6) Transitional Housing. (b) Prohibition against assistance for owner-occupied unit. A HAP contract must not be effective and no PBV assistance may be provided for a unit occupied by an owner of the housing. A member of a cooperative who owns shares in the project assisted under the PBV program shall not be considered an owner for purposes of participation in the PBV program. (c) Prohibition against selecting unit occupied by an ineligible family. Before a PHA places a specific unit under a HAP contract, the PHA must determine whether the unit is occupied and, if occupied, whether the unit's occupants are eligible for assistance in accordance with § 982.201 of this title. Additionally, for a family to be eligible for assistance in the specific unit, the unit must be appropriate for the size of the family under the PHA's subsidy standards and the total tenant payment for the family must be less than the gross rent for the unit, such that the unit will be eligible for a monthly HAP. The PHA must not enter into a HAP contract for a uni… | |||||
| 24:24:4.1.3.1.20.2.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.53 Prohibition of assistance for units in subsidized housing. | HUD | (a) Types of subsidized housing prohibited from receiving PBV assistance. A HAP contract must not be effective and no PBV assistance may be provided for any of the following: (1) A public housing dwelling unit; (2) A unit subsidized with any other form of Section 8 assistance (tenant-based or project-based); (3) A unit subsidized with any governmental rent subsidy (a subsidy that pays all or any part of the rent); (4) A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; (5) A unit subsidized with rental assistance payments under Section 521 of the Housing Act of 1949, 42 U.S.C. 1490a (a Rural Housing Service Program). However, the PHA may attach assistance for a unit subsidized with Section 515 interest reduction payments (42 U.S.C. 1485); (6) A Section 202 project for non-elderly persons with disabilities (assistance under Section 162 of the Housing and Community Development Act of 1987, 12 U.S.C. 1701q note); (7) Section 811 project-based supportive housing for persons with disabilities (42 U.S.C. 8013); (8) Section 202 supportive housing for the elderly (12 U.S.C. 1701q); (9) A unit subsidized with any form of tenant-based rental assistance (as defined at 24 CFR 982.1(b)(2)) ( e.g., a unit subsidized with tenant-based rental assistance under the HOME program, 42 U.S.C. 12701 et seq. ); or (10) A unit with any other duplicative Federal, State, or local housing subsidy, as determined by HUD or by the PHA in accordance with HUD requirements. For this purpose, “housing subsidy” does not include the housing component of a welfare payment; a social security payment; or a Federal, State, or local tax concession (such as relief from local real property taxes). (b) [Reserved] | |||||
| 24:24:4.1.3.1.20.2.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.54 Cap on number of PBV units in each project (income-mixing requirement). | HUD | (a) Project cap. Except as provided in paragraph (b) or (c) of this section, a PHA may not select a proposal to provide PBV assistance or enter into an Agreement or HAP contract if the number of assisted units in a project is more than the greater of 25 percent of the number of dwelling units (assisted and unassisted, as adjusted as provided in paragraph (c)(3)) in the project or 25 units. (b) Higher project cap. A PHA may provide PBV assistance to the greater of 25 units or 40 percent of the number of dwelling units (assisted and unassisted, as adjusted as provided in paragraph (c)(3) of this section) in the project if the project is located in an area where vouchers are difficult to use as defined in § 983.3. (c) Exceptions to the project cap. (1) A project is not limited to a single exception category but may include excepted units from any of the exception categories under paragraph (2) and excluded units under paragraph (3) below. (2) PBV units are not counted toward the project cap in the following cases: (i) Units exclusively serving elderly families, as defined in 24 CFR 5.403; (ii) Units exclusively made available to eligible youth described in Section 8(x)(2)(B) of the U.S. Housing Act. If the units exclusively made available to eligible youth use Family Unification Program (FUP) assistance that is normally available for eligible families and youth, the PHA must determine that the limitation of the units to youth is consistent with the local housing needs of both eligible FUP populations (families and youth), maintain documentation to support this determination, and amend its Administrative Plan to include the limitation of these FUP PBV units to eligible youth; or (iii) Units exclusively made available to households eligible for supportive services available to the residents of the project assisted with PBV assistance. The project must make supportive services available to all PBV-assisted families in the project, but the family may not be required to participate in the services as a condit… | |||||
| 24:24:4.1.3.1.20.2.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.55 Site selection standards. | HUD | (a) Applicability. The site selection requirements in paragraph (d) of this section apply only to site selection for existing housing and rehabilitated PBV housing. The site selection requirements in paragraph (e) of this section apply only to site selection for newly constructed PBV housing. Other provisions of this section apply to selection of a site for any form of PBV housing, including existing housing, newly constructed housing, and rehabilitated housing. (b) Compliance with PBV goals, civil rights requirements, and site and neighborhood standards. The PHA may not select a project or proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an Agreement or HAP contract for units on the site, unless the PHA has determined that: (1) Project-based assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. The standard for deconcentrating poverty and expanding housing and economic opportunities must be consistent with the PHA Plan under 24 CFR part 903 and the PHA Administrative Plan. In developing the standards to apply in determining whether a proposed PBV development will be selected, a PHA must consider the following: (i) Whether the census tract in which the proposed PBV development will be located is in a HUD-designated Enterprise Zone, Economic Community, or Renewal Community; (ii) Whether a PBV development will be located in a census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition; (iii) Whether the census tract in which the proposed PBV development will be located is undergoing significant revitalization; (iv) Whether State, local, or Federal dollars have been invested in the area that has assisted in the achievement of the statutory requirement; (v) Whether new market rate units are being developed in the same census tract where the proposed PBV development will be located and the likelihood that suc… | |||||
| 24:24:4.1.3.1.20.2.41.6 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.56 Environmental review. | HUD | (a) HUD environmental regulations. (1) HUD environmental regulations at 24 CFR parts 50 and 58 apply to activities under the PBV program, except as provided in paragraph (a)(2) of this section. (2) For projects or proposals that were selected in accordance with the site selection standards at § 983.55 in effect on or after June 6, 2024, no environmental review is required to be undertaken before entering into a HAP contract for existing housing, except to the extent a Federal environmental review is required by law or regulation relating to funding other than PBV housing assistance payments. (b) Who performs the environmental review? Under 24 CFR part 58, the unit of general local government within which the project is located that exercises land use responsibility, the county, or the State (the “responsible entity” or “RE”), is responsible for the Federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq. ) and related applicable Federal laws and authorities in accordance with 24 CFR 58.5 and 58.6. If a PHA objects in writing to having the RE perform the Federal environmental review, or if the RE declines to perform it, then HUD may perform the review itself (24 CFR 58.11). 24 CFR part 50 governs HUD performance of the review. (c) Notice of applicability. When an environmental review is required, if such a review has not been conducted prior to the proposal or project selection date, then the PHA's written notice of proposal or project selection must state that the selection is subject to completion of a favorable environmental review and that the project may be rejected based on the results of the environmental review. (d) Environmental review limitations. When an environmental review is required, a PHA may not execute an Agreement or HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for… | |||||
| 24:24:4.1.3.1.20.2.41.7 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.57 PHA-owned units. | HUD | (a) Selection of PHA-owned units. The selection of PHA-owned units must be done in accordance with § 983.51(h). (b) Independent entity functions. In connection with PHA-owned units: (1) The independent entity must determine rent to owner, including rent reasonableness and calculating any rent adjustments by an OCAF (where applicable), in accordance with §§ 983.301 through 983.305. (2) The independent entity must perform unit inspections in accordance with § 983.103(g). (3) When the owner carries out development activity under § 983.152 or substantial improvement under §§ 983.207(d) or 983.212, the independent entity must review the evidence and work completion certification submitted by the owner in accordance with § 983.155(b) and determine if the units are complete in accordance with § 983.156. (4) The independent entity must determine whether to approve substantial improvement to units under a HAP contract in accordance with § 983.212. (c) Payment to independent entity. The PHA may compensate the independent entity from PHA administrative fees (including fees credited to the administrative fee reserve) for the services performed by the independent entity. The PHA may not use other program receipts to compensate the independent entity for such services. The PHA and the independent entity may not charge the family any fee or charge for the services provided by the independent entity. | |||||
| 24:24:4.1.3.1.20.2.41.8 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.58 PHA determination prior to selection. | HUD | (a) Analysis of units and budget. A PHA must calculate the number of authorized voucher units that it is permitted to project-base in accordance with § 983.6 and determine the amount of budget authority that it has available for project-basing in accordance with § 983.5(b), before it issues a request for proposals in accordance with § 983.51(b)(1), makes a selection based on a previous competition in accordance with § 983.51(b)(2), amends an existing HAP contract to add units in accordance with § 983.207(b), or noncompetitively selects a project in accordance with § 983.51(c). (b) Analysis of impact. Prior to selecting a project for PBV assistance, a PHA must perform an analysis of the impact if project-basing 50 percent or more of the PHA's authorized voucher units. The analysis should consider the ability of the PHA to meet the needs of the community across its tenant-based and project-based voucher portfolio, including the impact on, among others: families on the waiting list and eligible PBV families that wish to move under § 983.261. The analysis performed by the PHA must be available as part of the public record. | |||||
| 24:24:4.1.3.1.20.2.41.9 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | B | Subpart B—Selection of PBV Proposals and Projects | § 983.59 Units excluded from program cap and project cap. | HUD | [89 FR 38309, May 7, 2024, as amended at 90 FR 56688, Dec. 8, 2025] | (a) General. For HAP contracts entered into on or after April 18, 2017, the PHA may commit project-based assistance to units that meet the requirements for exclusion in paragraph (b) of this section. Such units do not count toward the program cap or project cap described in §§ 983.6 and 983.54, respectively. (b) Requirements for exclusion of existing or rehabilitated units. Excluded units must, in the five years prior to the request for proposals (RFP) or the proposal or project selection date in the case of selection without RFP, fall into one of the following categories provided that the units are removed from all categories prior to the effective date of the HAP contract: (1) The units have received one of the following forms of HUD assistance: (i) Public Housing Capital or Operating Funds (Section 9 of the 1937 Act); (ii) Project-Based Rental Assistance (Section 8 of the 1937 Act). Project-based rental assistance under Section 8 includes the Section 8 moderate rehabilitation program, including the single-room occupancy (SRO) program; (iii) Housing for the Elderly (Section 202 of the Housing Act of 1959); (iv) Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez National Affordable Housing Act); (v) Rental Assistance Program (RAP) (Section 236(f)(2) of the National Housing Act); or (vi) Flexible Subsidy Program (Section 201 of the Housing and Community Development Amendments Act of 1978). (2) The units have been subject to a federally required rent restriction under one of the following programs: (i) The Low-Income Housing Tax Credit program (26 U.S.C. 42); (ii) Section 515 Rural Rental Housing Loans (42 U.S.C. 1485); (iii) The following HUD programs: (A) Section 236; (B) Section 221(d)(3) Below Market Interest Rate; (C) Housing for the Elderly (Section 202 of the Housing Act of 1959); (D) Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez National Affordable Housing Act); (E) Flexible Subsidy Program (Section 201 of the Housing and Community… | ||||
| 24:24:4.1.3.1.20.3.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | C | Subpart C—Dwelling Units | § 983.101 Housing quality standards. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36167, June 25, 2014; 88 FR 30504, May 11, 2023; 89 FR 38315, May 7, 2024] | (a) HQS applicability. As defined in § 983.3, HQS refers to the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 of this title for housing assisted under the PBV program, including any variations approved by HUD for the PHA under 24 CFR 5.705(a)(3). (b) Requirements for special housing types. For special housing types assisted under the PBV program, HQS applies to the PBV program except as specified in 24 CFR part 982, subpart M. Provisions contained within 24 CFR part 982 that are inapplicable to the PBV program pursuant to § 983.2 are also inapplicable to special housing types under the PBV program. (c) Lead-based paint requirements. The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, apply to the PBV program. (d) HQS enforcement. Parts 982 and 983 of this chapter do not create any right of the family or any party, other than HUD or the PHA, to require enforcement of the HQS requirements or to assert any claim against HUD or the PHA for damages, injunction, or other relief for alleged failure to enforce the HQS. (e) Additional PHA quality and design requirements. This section establishes the minimum federal housing quality standards for PBV housing. However, the PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. | ||||
| 24:24:4.1.3.1.20.3.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | C | Subpart C—Dwelling Units | § 983.102 Housing accessibility for persons with disabilities. | HUD | (a) Program accessibility. The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. The PHA shall ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR part 8, subpart C. (b) Design and construction. Housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR 100.205, as applicable. | |||||
| 24:24:4.1.3.1.20.3.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | C | Subpart C—Dwelling Units | § 983.103 Inspecting units. | HUD | [89 FR 38316, May 7, 2024, as amended at 90 FR 56688, Dec. 8, 2025] | (a) Pre-selection inspection. If the units to be assisted already exist, the PHA must inspect all units before the proposal or project selection date and must determine if the project meets the definition of existing housing. If the project is existing housing, the PHA may not execute the HAP contract until all units meet the initial inspection requirements in accordance with paragraph (c) of this section. (b) Initial inspection of newly constructed and rehabilitated projects and units that underwent substantial improvement to be added to a HAP contract. Following completion of work pursuant to § 983.155, the PHA must complete the following inspection(s), as applicable in accordance with § 983.156: (1) For rehabilitated housing that is developed prior to the HAP contract term or newly constructed housing, the PHA must inspect each proposed newly constructed and rehabilitated PBV unit before execution of the HAP contract. Each proposed PBV unit must fully comply with HQS prior to HAP contract execution. (2) For rehabilitated housing that will undergo development activity after HAP contract execution per § 983.157, the PHA must conduct unit inspections in accordance with the requirements of § 983.157. (3) Inspect each unit that underwent substantial improvement pursuant to §§ 983.207(d) or 983.212. Each PBV unit that underwent substantial improvement must fully comply with HQS prior to the PHA adding the unit to the HAP contract, returning the unit temporarily removed to the HAP contract, allowing re-occupancy of the unit, and resuming housing assistance payments, as applicable. (c) Initial inspection requirements for existing housing —(1) In general. In accordance with this paragraph, the PHA may adopt in its Administrative Plan the non-life-threatening deficiencies option or the alternative inspection option, or both, for initial inspections of existing housing. If the PHA has not adopted the initial inspection non-life-threatening deficiency option (NLT option) or the alternative inspection option fo… | ||||
| 24:24:4.1.3.1.20.4.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.151 Applicability. | HUD | This subpart applies to development activity, as defined in § 983.3, under the PBV program. | |||||
| 24:24:4.1.3.1.20.4.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.152 Nature of development activity. | HUD | (a) Purpose of development activity. An owner may undertake development activity, as defined at § 983.3, for the purpose of: (1) Placing a newly constructed or rehabilitated project under a HAP contract; or (2) For a rehabilitated project that will undergo development activity after HAP contract execution, completing the requirements of the rider in accordance with § 983.157. (b) Development requirements. Development activity must comply with the requirements of §§ 983.153 through 983.157. | |||||
| 24:24:4.1.3.1.20.4.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.153 Development requirements. | HUD | [89 FR 38318, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) Environmental review requirements. The development activity must comply with any applicable environmental review requirements at § 983.56. (b) Subsidy layering review. (1) The PHA may provide PBV assistance only in accordance with the HUD subsidy layering regulations (24 CFR 4.13) and other requirements. A subsidy layering review is required when an owner undertakes development activity and housing assistance payment subsidy under the PBV program is combined with other governmental housing assistance from Federal, State, or local agencies, including assistance such as tax concessions or tax credits. The subsidy layering review is intended to prevent excessive public assistance for the housing by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from Federal, State, or local agencies, including assistance such as tax concessions or tax credits. (2) When a subsidy layering review is required, it must occur before a PHA attaches assistance to a project. Specifically, the PHA may not execute an Agreement or HAP contract with an owner until HUD or a housing credit agency approved by HUD has conducted any required subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy layering requirements. (3) A further subsidy layering review is not required if HUD's designee has conducted a review in accordance with HUD's PBV subsidy layering review guidelines and that review included a review of PBV assistance. (4) The owner must disclose to the PHA any change to the information provided for purposes of the subsidy layering review, including the amount of assistance or number of units to be developed, that occurs after the subsidy layering review has been conducted and before all contract units are placed under the HAP contract, in accordance with HUD requirements. A subsidy layering review may be required to determine if such a change would result in excess public assistance to the project, as required by HU… | ||||
| 24:24:4.1.3.1.20.4.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.154 Development agreement. | HUD | (a) Agreement to enter into HAP contract (Agreement). Except as specified in paragraphs (f) and (g) of this section, the PHA and owner must enter into an Agreement that will govern development activity. In the Agreement, the owner agrees to develop the contract units to comply with HQS, and the PHA agrees that, upon timely completion of such development activity in accordance with the terms of the Agreement, the PHA will enter into an initial HAP contract with the owner for the contract units. The Agreement must cover a single project, except one Agreement may cover multiple projects that each consist of a single-family building. (b) Timing of Agreement. The effective date of the Agreement must be on or after the date the Agreement is executed. The Agreement must be executed and effective prior to the commencement of development activity as described in paragraph (d) of this section, except as provided in paragraphs (f) and (g) of this section, and must be in the form required by HUD (see 24 CFR 982.162(b)). (c) Agreement amendment. The PHA and owner may agree to amend the contents of the Agreement described in paragraph (e) of this section by executing an addendum to the Agreement, so long as such amendments are consistent with all requirements of this part 983. The PHA and owner may only execute an addendum affecting a unit prior to the PHA accepting the completed unit. (d) Commencement of development activity. Development activity must not commence after the date of proposal submission (for housing subject to competitive selection) or the date of the PHA's board resolution approving the project-basing of assistance at the project (for housing excepted from competitive selection) and before the effective date of the Agreement, except as provided in paragraphs (f) and (g) of this section. (1) In the case of new construction, development activity begins with excavation or site preparation (including clearing of the land). (2) In the case of rehabilitation, development activity begins with the physica… | |||||
| 24:24:4.1.3.1.20.4.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.155 Completion of work. | HUD | (a) General requirement. The owner must submit evidence and certify to the PHA, in the form and manner required by the PHA's Administrative Plan, that development activity under § 983.152 or substantial improvement under §§ 983.207(d) or 983.212 has been completed, and that all such work was completed in accordance with the applicable requirements. The PHA must review the evidence to determine whether the development activity or substantial improvement was completed in accordance with the applicable requirements. (b) PHA-owned units. In the case of PHA-owned units, the owner must submit evidence and certify to the independent entity (see § 983.57(b)(3)), in the form and manner required by the PHA's Administrative Plan, that development activity under § 983.152 or substantial improvement under §§ 983.207(d) or 983.212 has been completed, and that all such work was completed in accordance with the applicable requirements. The independent entity must review the evidence to determine whether the development activity or substantial improvement was completed in accordance with the applicable requirements. | |||||
| 24:24:4.1.3.1.20.4.41.6 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.156 PHA acceptance of completed units. | HUD | (a) Inspection of units. After the PHA has received all required evidence of completion and the owner's certification that all work was completed in accordance with the applicable requirements, the PHA must inspect the completed units to determine whether they comply with HUD's HQS (see § 983.103(b)) and any additional design, architecture, or quality requirements specified by the PHA. (b) Execution or amendment of the HAP contract. If the PHA determines that the development activity or substantial improvement was completed in accordance with the applicable requirements at § 983.155 and the completed units meet HUD's HQS and any additional design, architecture, or quality requirements specified by the PHA per paragraph (a) of this section, then the PHA must: (1) For units developed pursuant to § 983.152(a)(1) which will not undergo development activity after HAP contract execution per § 983.157, submit the HAP contract for execution by the owner and execute the HAP contract; (2) For rehabilitated housing projects for which development activity has commenced prior to HAP contract execution, but which will undergo development activity after HAP contract execution under § 983.157(b), submit the HAP contract for execution by the owner and execute the HAP contract; (3) For development activity conducted after HAP contract execution, amend the HAP contract rider to designate the completed units as available for occupancy (§ 983.157(f)(1)(ii)) or, if the owner has completed all development activity as provided in the rider, amend the HAP contract to terminate the rider (§ 983.157(d)); or (4) For units that underwent substantial improvement in order to be added to the HAP contract, amend the HAP contract to add the units to the HAP contract (§ 983.207(d)). (c) Staged completion of contract units. Contract units developed pursuant to § 983.152(a)(1) which will not undergo development activity after HAP contract execution per § 983.157 may be placed under the HAP contract in stages commencing on different dates… | |||||
| 24:24:4.1.3.1.20.4.41.7 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | D | Subpart D—Requirements for Rehabilitated and Newly Constructed Units | § 983.157 xxx | HUD | ||||||
| 24:24:4.1.3.1.20.5.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.201 Applicability. | HUD | Subpart E applies to all PBV assistance under part 983 (including assistance for existing, newly constructed, or rehabilitated housing). | |||||
| 24:24:4.1.3.1.20.5.41.10 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.210 Owner certification. | HUD | [70 FR 59913, Oct. 13, 2005. Redesignated and amended at 79 FR 36168, June 25, 2014; 89 FR 38329, May 7, 2024] | By execution of the HAP contract, the owner certifies that at such execution and at all times during the term of the HAP contract: (a) The owner is maintaining the premises and all contract units in accordance with HUD's HQS under the requirements of this part 983. (b) The owner is providing all the services, maintenance, equipment, and utilities as agreed to under the HAP contract and the leases with assisted families. (c) Each contract unit for which the owner is receiving housing assistance payments is leased to an eligible family referred by the PHA or selected from the owner-maintained waiting list in accordance with § 983.251, and the lease is in accordance with the HAP contract and HUD requirements. (d) To the best of the owner's knowledge, the members of the family reside in each contract unit for which the owner is receiving housing assistance payments, and the unit is the family's only residence, except as provided in §§ 983.157(g)(6)(ii) and 983.212(a)(3)(ii). (e) The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit unless needed as a reasonable accommodation under Section 504, the Fair Housing Act, or the Americans with Disabilities Act (ADA), for a household member who is a person with disabilities. (f) The amount of the housing assistance payment is the correct amount due under the HAP contract. (g) The rent to owner for each contract unit does not exceed rents charged by the owner for other comparable unassisted units. (h) Except for the housing assistance payment and the tenant rent as provided under the HAP contract, the owner has not received and will not receive any payment or other consideration (from the family, the PHA, HUD, or any other public or private source) for rental of the contract unit. (i) The family does not own or have any interest in the contract unit. The certification required by this section does not apply in the case of an assist… | ||||
| 24:24:4.1.3.1.20.5.41.11 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.211 Removal of unit from HAP contract based on a family's increased income. | HUD | [89 FR 38329, May 7, 2024] | (a) Removal of a unit based on a family's increased income. Units occupied by families whose income has increased during their tenancy resulting in the total tenant payment equaling the gross rent shall be removed from the HAP contract 180 days following the last housing assistance payment on behalf of the family. (b) Reinstatement or substitution of HAP contracts. If the project is fully assisted, a PHA may reinstate the unit removed under paragraph (a) of this section to the HAP contract after the ineligible family vacates the property. If the project is partially assisted, a PHA may substitute a different unit for the unit removed under paragraph (a) of this section to the HAP contract when the first eligible substitute becomes available. A reinstatement or substitution of units under the HAP contract, in accordance with this paragraph, must be permissible under § 983.207(b) or (a), respectively. (c) Additional requirements. The anniversary and expirations dates of the reinstated or substituted unit must be the same as all other units under the HAP contract ( i.e., the annual anniversary and expiration dates for the first contract units placed under the HAP contract). Families must be selected in accordance with program requirements under § 983.251 of this part. | ||||
| 24:24:4.1.3.1.20.5.41.12 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.212 Substantial improvement to units under a HAP contract. | HUD | [89 FR 38329, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) Substantial improvement to units under a HAP contract. The owner may undertake substantial improvement on a unit currently under a HAP contract if approved to do so by the PHA. The owner may request PHA approval no earlier than the effective date of the HAP contract. (All work occurring on a unit in a project that is under a HAP contract subject to a rider in accordance with § 983.157 is development activity and is not subject to this section.) The following conditions apply: (1) The PHA may approve the substantial improvement only if one of the following conditions apply: (i) The unit has been damaged by fire or natural disaster, or other extraordinary circumstances exist which require a unit previously compliant with HQS to urgently undergo substantial improvement. For this purpose, “extraordinary circumstances” are unforeseen events that are not the fault of the owner. The PHA may provide approval for substantial improvement resulting from the damage or extraordinary circumstances described in this paragraph (a)(1)(i) after the owner submits the request. (ii) The owner requests to engage in substantial improvement that will commence following the first two years of the effective date of the HAP contract. The PHA may provide approval for substantial improvement occurring as described in this paragraph (a)(1)(ii) after the owner submits the request, but no earlier than twenty-one months after the effective date of the HAP contract. (2) The owner's request must include a description of the substantial improvement proposed to be undertaken and the length of time, if any, the owner anticipates that the unit, including items and components within the primary and secondary means of egress, common features, and systems equipment as described by 24 CFR 5.703(a)(2), will not meet HQS. The PHA must not approve as substantial improvement, under this section, an owner's request to demolish a building containing contract units and newly construct replacement units (see requirements for contract termination at § 98… | ||||
| 24:24:4.1.3.1.20.5.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.202 Purpose of HAP contract. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36167, June 25, 2014; 89 FR 38324, May 7, 2024] | (a) Requirement. The PHA must enter into a HAP contract with the owner. Except as provided in this paragraph, a HAP contract shall cover a single project. If multiple projects exist, each project shall be covered by a separate HAP contract. However, a PHA and owner may agree to place multiple projects, each consisting of a single-family building, under one HAP contract. The HAP contract must be in such form as may be prescribed by HUD. (b) Purpose of HAP contract. (1) The purpose of the HAP contract is to provide housing assistance payments for eligible families. (2) The PHA makes housing assistance payments to the owner in accordance with the HAP contract. Housing assistance is paid for contract units leased and occupied by eligible families during the HAP contract term. | ||||
| 24:24:4.1.3.1.20.5.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.203 HAP contract information. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36167, June 25, 2014; 89 FR 38324, May 7, 2024] | The HAP contract must specify: (a) The total number of contract units by number of bedrooms; (b) Information needed to identify the site and the building or buildings where the contract units are located. The information must include the project's name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; (c) Information needed to identity the specific contract units in each building. The information must include the number of contract units in the building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; (d) Services, maintenance, and equipment to be supplied by the owner without charges in addition to the rent to owner; (e) Utilities available to the contract units, including a specification of utility services to be paid by the owner (without charges in addition to rent) and utility services to be paid by the tenant; (f) Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8, the Fair Housing Act, and the Americans with Disabilities Act, as applicable; (g) The HAP contract term; (h) The number of contract units under the increased program cap (as described in § 983.6(d)) or excepted from the project cap (as described in § 983.54(c)) which will be set aside for occupancy by families who qualify for such a unit; (i) The initial rent to owner (for the first 12 months of the HAP contract term); and (j) Whether the PHA has elected not to reduce rents below the initial rent to owner in accordance with 24 CFR 983.302(c)(2). | ||||
| 24:24:4.1.3.1.20.5.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.204 Execution of HAP Contract or PHA-owned Certification. | HUD | [89 FR 38324, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) PHA inspection of housing. Before execution of the HAP contract, the PHA must determine that applicable pre-HAP contract HQS requirements have been met in accordance with § 983.103(b) or (c) as applicable. The PHA may not execute the HAP contract for any contract unit that does not meet the pre-HAP contract HQS requirements, except as provided in paragraph (c). (b) Existing housing. For existing housing, the HAP contract must be executed and effective promptly after PHA selection of the proposal or project and PHA determination that the applicable pre-HAP contract HQS requirements have been met. (c) Newly constructed or rehabilitated housing. For newly constructed or rehabilitated housing developed pursuant to § 983.152(a)(1) which will not undergo development activity after HAP contract execution per § 983.157, the HAP contract must be executed and effective promptly after the PHA determines that the housing was completed in accordance with the applicable requirements, HUD's HQS, and any additional design, architecture, or quality requirements specified by the PHA, in accordance with § 983.156(b)(1) or (c). For rehabilitated housing that will undergo development activity after HAP contract execution per § 983.157, the HAP contract must be executed and effective promptly after the requirements of § 983.157(c) are met (all proposed PBV units are added to the contract at this time, including units that do not comply with HQS or that will undergo development activity). (d) Effective date of the PBV HAP contract. The effective date of the HAP contract must be on or after the date the HAP contract is executed. The HAP contract must be effective before the effective date of the first lease covering a contract unit occupied by an assisted family, and the PHA may not pay any housing assistance payment to the owner until the HAP contract is effective. | ||||
| 24:24:4.1.3.1.20.5.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.205 Term of HAP contract. | HUD | [89 FR 38325, May 7, 2024] | (a) Initial term. The PHA may enter into a HAP contract with an owner for an initial term of up to 20 years for each contract unit. The length of the term of the HAP contract for any contract unit may not be less than one year, nor more than 20 years. (b) Extension of term. The PHA and owner may agree at any time before expiration of the HAP contract to execute one or more extensions of the HAP contract term. The following conditions apply: (1) Each extension executed must have a term that does not exceed 20 years; (2) At no time may the total remaining term of the HAP contract, with extensions, exceed 40 years; (3) Before agreeing to an extension, the PHA must determine that the extension is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities; and (4) Each extension must be on the form and subject to the conditions prescribed by HUD at the time of the extension. | ||||
| 24:24:4.1.3.1.20.5.41.6 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.206 Contract termination or expiration and statutory notice requirements. | HUD | [89 FR 38325, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) Nonextension by owner—notice requirements. (1) Notices required in accordance with this section must be provided in the form prescribed by HUD. (2) Not less than one year before termination of a PBV HAP contract, the owner must notify the PHA and assisted tenants of the termination. (3) The term “termination” for applicability of this notice requirement means the expiration of the HAP contract, termination of the HAP contract by agreement of PHA and owner per paragraph (e) of this section, or an owner's refusal to renew the HAP contract. (4) If an owner fails to provide the required notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of an owner's inability to collect an increased tenant portion of rent. (5) An owner and PHA may agree to extend the terminating contract for a period of time sufficient to provide tenants with the required notice, under such terms as HUD may require. (b) Termination or expiration without extension—required provision of tenant-based assistance. Unless a termination or expiration without extension occurs due to a determination of insufficient funding pursuant to paragraph (c)(1) of this section or other extraordinary circumstances determined by HUD, the PHA shall issue each family occupying a contract unit a tenant-based voucher based on the termination or expiration of the contract no fewer than 60 calendar days prior to the planned termination or expiration of the PBV HAP contract. However, the PHA is not required to issue the family a voucher if the PHA has offered the family an alternative housing option ( e.g., an assisted unit in another PBV project), and the family chooses to accept the alternative housing option instead of the voucher. Such a family is not a new admission to the tenant-based program and shall not count toward the PHA's income-targeting requirements at 24 CFR 982.201(b)(2)(i). The voucher issued to … | ||||
| 24:24:4.1.3.1.20.5.41.7 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.207 HAP contract amendments (to add or substitute contract units). | HUD | [89 FR 38326, May 7, 2024] | (a) Amendment to substitute contract units. At the discretion of the PHA, the PHA and owner may execute an amendment to the HAP contract to substitute a different unit with the same number of bedrooms in the same project for a previously covered contract unit. Prior to such substitution, the PHA must inspect the proposed substitute unit (the unit must comply with HQS to be substituted) and must determine the reasonable rent for such unit (the rent to owner must be reasonable for the unit to be substituted). The proposed substituted unit may be vacant or, subject to the requirements of paragraph (c) of this section, it may be occupied. The proposed substituted unit may undergo repairs or renovation prior to amending the PBV HAP contract to substitute the unit, as provided in paragraph (d) of this section. The proposed substituted unit must have existed at the time described in paragraph (e) of this section. (b) Amendment to add contract units. At the discretion of the PHA, and provided that the total number of units in a project that will receive PBV assistance will not exceed the limitations in § 983.6 or § 983.54, the PHA and owner may execute an amendment to the HAP contract to add PBV units in the same project to the contract, without a new proposal selection. Prior to such addition, the PHA must inspect the proposed added unit (the unit must comply with HQS to be added) and must determine the reasonable rent for such unit (the rent to owner must be reasonable for the unit to be added). (1) Added units that qualify for an exclusion from the program cap (as described in § 983.59) or an exception to or exclusion from the project cap (as described in § 983.54(c) and § 983.59, respectively) will not count toward such cap(s). (2) The anniversary and expiration dates of the HAP contract for the additional units must be the same as the anniversary and expiration dates of the HAP contract term for the PBV units originally placed under HAP contract. (3) The added unit may be vacant or, subject to the requiremen… | ||||
| 24:24:4.1.3.1.20.5.41.8 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.208 Condition of contract units. | HUD | [70 FR 59913, Oct. 13, 2005. Redesignated at 79 FR 36168, June 25, 2014; 89 FR 38328, May 7, 2024; 90 FR 56689, Dec. 8, 2025] | (a) Owner maintenance and operation. (1) The owner must maintain and operate the contract units and premises in accordance with the HQS, including performance of ordinary and extraordinary maintenance. (2) The owner must provide all the services, maintenance, equipment, and utilities specified in the HAP contract with the PHA and in the lease with each assisted family. (3) At the discretion of the PHA, the HAP contract may also require continuing owner compliance during the HAP contract term with additional housing quality requirements specified by the PHA (in addition to, but not in place of, compliance with HUD's HQS). Such additional requirements may be designed to assure continued compliance with any design, architecture, or quality requirement specified by the PHA (§ 983.204(c)). The PHA must specify the conditions under which it will require additional housing quality requirements in the Administrative Plan. (b) Enforcement of HQS. (1) The PHA must vigorously enforce the owner's obligation to maintain contract units in accordance with HUD's HQS. If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must take enforcement action in accordance with this section. (2) The unit is in noncompliance with HQS if: (i) The PHA or other inspector authorized by the State or local government determines the unit has HQS deficiencies based upon an inspection; (ii) The agency or inspector notifies the owner in writing of the unit HQS deficiencies; and (iii) The unit HQS deficiencies are not remedied within the following timeframes: (A) For life-threatening deficiencies, the owner must correct the deficiency within 24 hours of notification. (B) For other deficiencies, the owner must correct the deficiency within 30 calendar days of notification (or any reasonable PHA-approved extension). (3) In the case of an HQS deficiency that the PHA determines is caused by the tenant, any member of the household, or any guest or other person under the tenant's control, other than any damage result… | ||||
| 24:24:4.1.3.1.20.5.41.9 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | E | Subpart E—Housing Assistance Payments Contract | § 983.209 Owner responsibilities. | HUD | [70 FR 59913, Oct. 13, 2005. Redesignated at 79 FR 36168, June 25, 2014] | The owner is responsible for performing all of the owner responsibilities under the Agreement and the HAP contract. 24 CFR 982.452 (Owner responsibilities) applies. | ||||
| 24:24:4.1.3.1.20.6.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.251 How participants are selected. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 73 FR 72345, Nov. 28, 2008; 75 FR 66264, Oct. 27, 2010; 79 FR 36168, June 25, 2014; 81 FR 80818, Nov. 16, 2016; 89 FR 38331, May 7, 2024] | (a) Who may receive PBV assistance? (1) The PHA may select families who are participants in the PHA's tenant-based voucher program and families who have applied for admission to the voucher program. (2) Except for voucher participants (determined eligible at original admission to the voucher program), the PHA may only select families determined eligible for admission at commencement of PBV assistance, using information received and verified by the PHA within a period of 60 days before commencement of PBV assistance. For all families, the PHA must determine the total tenant payment for the family is less than the gross rent, such that the unit will be eligible for a monthly HAP. (3) The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to admission to the project-based program. (4) A PHA may not approve a tenancy if the owner (including a principal or other interested party) of a unit is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless the PHA determines that approving the unit would provide reasonable accommodation under Section 504, the Fair Housing Act, or the Americans with Disabilities Act (ADA), for a household member who is a person with disabilities. (b) Protection of in-place families. (1) To minimize displacement of in-place families, if an in-place family is determined to be eligible prior to placement of the family's unit on the HAP contract, the in-place family must be placed on the PBV waiting list (if the family is not already on the list) and given an absolute selection preference. If the PHA's waiting list for PBV assistance is not a project-specific waiting list, the PHA must refer the family to the applicable project owner for an appropriate-size PBV unit in the specific project. (2) If the in-place family is a tenant-based voucher participant, program eligibility is not re-determined. However, the PHA must determine that the total tenant payment for the family is … | ||||
| 24:24:4.1.3.1.20.6.41.10 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.260 Overcrowded, under-occupied, and accessible units. | HUD | [89 FR 38334, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) Family occupancy of wrong-size or accessible unit. (1) The PHA subsidy standards determine the appropriate unit size for the family size and composition. (2) If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the family does not require and the unit is needed by a family that requires the accessibility features (see 24 CFR 8.27), the PHA must: (i) Within 30 days from the PHA's determination, notify the family and the owner of this determination; and (ii) Within 60 days from the PHA's determination, offer the family continued housing assistance, pursuant to paragraph (b) of this section. (b) PHA offer of continued assistance. (1) The PHA policy on continued housing assistance must be stated in the Administrative Plan and may be in the form of: (i) PBV assistance in an appropriate-size unit (in the same project or in another project); (ii) Other project-based housing assistance ( e.g., by occupancy of a public housing unit); (iii) Tenant-based rental assistance under the voucher program; or (iv) Other comparable tenant-based rental assistance. (2) If no continued housing assistance as described in paragraph (b)(1) of this section is available, the PHA must remove the wrong-size or accessible unit from the HAP contract to make voucher assistance available to issue the family a tenant-based voucher. Section 983.206(b) does not apply to families issued a tenant-based voucher under the circumstance described in this paragraph (b)(2). (c) PHA termination of housing assistance payments. (1) If the PHA offers the family the opportunity to receive tenant-based rental assistance under the voucher program in accordance with paragraph (b)(1) of this section: (i) The PHA must terminate the housing assistance payments for a wrong-sized or accessible unit at the earlier of the expiration of the term of the family's voucher (including any extension granted by the PHA) or the date upon which the family vacates the unit. (ii) If the family does not m… | ||||
| 24:24:4.1.3.1.20.6.41.11 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.261 Family right to move. | HUD | [89 FR 38335, May 7, 2024] | (a) Termination of assisted lease after one year. The family may terminate the assisted lease at any time after one year of PBV assistance. The family must give the owner advance written notice of intent to vacate (with a copy to the PHA) in accordance with the lease. (b) Continued assistance. If the family has elected to terminate the lease in accordance with paragraph (a) of this section, the PHA must offer the family the opportunity for continued tenant-based rental assistance. The PHA must specify in the Administrative Plan whether it will offer families assistance under the voucher program or other comparable tenant-based rental assistance. If voucher assistance is offered to the family and the search term expires, the PHA must issue the voucher to the next eligible family. (c) Contacting the PHA. Before providing notice to terminate the lease under paragraph (a) of this section, a family must contact the PHA to request a voucher or comparable tenant-based rental assistance if the family wishes to move with continued assistance. If a voucher or other comparable tenant-based rental assistance is not immediately available to the family upon the family's request to the PHA, the PHA must give the family priority to receive the next available opportunity for continued tenant-based rental assistance. The PHA must describe in its Administrative Plan its policies and procedures for how the family must contact the PHA and how the PHA documents families waiting for continued tenant-based rental assistance. (d) Termination of assisted lease before one year. If the family terminates the assisted lease before one year of PBV assistance, the family relinquishes the opportunity for continued tenant-based assistance under this section. (e) Notice exclusion. When the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, as provided in 24 CFR part 5, subpart L, and the move is needed to protect the health or safety of the family or family… | ||||
| 24:24:4.1.3.1.20.6.41.12 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.262 Occupancy of units under the increased program cap and project cap excepted units. | HUD | [89 FR 38335, May 7, 2024, as amended at 90 FR 56689, Dec. 8, 2025] | (a) General. Pursuant to § 983.6(a), a PHA may commit project-based assistance to no more than 20 percent of its authorized voucher units at the time of commitment. There are certain units eligible for an increased program cap as described in § 983.6(d). Pursuant to § 983.54(a), the PHA may not select a proposal to provide PBV assistance or place units under an Agreement or a HAP contract in excess of the project cap. There are certain exceptions to the project cap as described in § 983.54(c). This section provides more detail on the occupancy requirements of both the excepted units from the project cap under § 983.54(c)(2) and units under the increased program cap under § 983.6(d). (b) Requirements applicable to both excepted units and units under an increased program cap. (1) The unit must be occupied by a family who meets the applicable exception. (2) The family must be selected from the waiting list for the PBV program through an admissions preference (see § 983.251). (3) Once the family vacates the unit, the unit must be made available to and occupied by a family that meets the applicable exception. (4) The PHA must specify in its Administrative Plan which of the options below the PHA will take if a unit is no longer qualified for its excepted status or the increased program cap: (i) Substitute the unit for another unit if it is possible to do so in accordance with § 983.207(a), so that the overall number of excepted units or units under the increased program cap in the project is not reduced. A PHA may, in conjunction with such substitution, add the original unit to the HAP contract if it is possible to do so in accordance with § 983.207(b), including that such addition does not cause the PHA to exceed the program cap or become non-compliant with the project cap. (ii) Remove the unit from the PBV HAP contract. In conjunction with the removal, the PHA may provide the family with tenant-based assistance, if the family is eligible for tenant-based assistance. The family and the owner may agree to use… | ||||
| 24:24:4.1.3.1.20.6.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.252 PHA information for accepted family. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 89 FR 38333, May 7, 2024] | (a) Oral briefing. When a family accepts an offer of PBV assistance, the PHA must give the family an oral briefing. (1) The briefing must include information on the following subjects: (i) A description of how the program works; (ii) Family and owner responsibilities; and (iii) Family right to move. (2) The PHA must take appropriate steps to ensure effective communication in accordance with 24 CFR 8.6 and 28 CFR part 35, subpart E, and must provide information on the reasonable accommodation process. (b) Information packet. The PHA must give the family a packet that includes information on the following subjects: (1) How the PHA determines the total tenant payment for a family; (2) Family obligations under the program; and (3) Information on Federal, State, and local equal opportunity laws, the contact information for the Section 504 coordinator, a copy of the housing discrimination complaint form, and information on how to request a reasonable accommodation or modification under Section 504, the Fair Housing Act, and the Americans with Disabilities Act; (4) PHA subsidy standards, including when the PHA will consider granting exceptions to the standards as allowed by 24 CFR 982.402(b)(8), and when exceptions are required as a reasonable accommodation for a person with disabilities under Section 504, the Fair Housing Act, or the Americans with Disabilities Act; and (5) Family right to move. (c) Statement of family responsibility. The PHA and family must sign the statement of family responsibility. (d) Providing information for persons with limited English proficiency. The PHA must take reasonable steps to ensure meaningful access by persons with limited English proficiency in accordance with obligations and procedures contained in Title VI of the Civil Rights Act of 1964, and HUD's implementing regulation at 24 CFR part 1., Executive Order 13166, and HUD's Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting … | ||||
| 24:24:4.1.3.1.20.6.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.253 Leasing of contract units. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 81 FR 80818, Nov. 16, 2016; 89 FR 38334, May 7, 2024] | (a) Owner selection of tenants. (1) During the term of the HAP contract, the owner must lease contract units only to eligible families selected from the waiting list for the PBV program in accordance with § 983.251 of this part. (2) The owner is responsible for adopting written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant's ability to perform the lease obligations. (3) An owner must promptly notify in writing any rejected applicant of the grounds for any rejection. The owner must provide a copy of such rejection notice to the PHA. (4) The owner must comply with 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking). (b) Size of unit. The contract unit leased to each family must be appropriate for the size of the family under the PHA's subsidy standards. (c) The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to tenant screening. | ||||
| 24:24:4.1.3.1.20.6.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.254 Vacancies. | HUD | [89 FR 38334, May 7, 2024] | (a) Filling vacant units. (1) The PHA and the owner must make reasonable good-faith efforts to minimize the likelihood and length of any vacancy in a contract unit. However, contract units in a rehabilitated housing project undergoing development activity after HAP contract execution that are not available for occupancy in accordance with § 983.157(e)(5) are not subject to this requirement. (i) If an owner-maintained waiting list is used, in accordance with § 983.251, the owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit and refer the family to the PHA for final eligibility determination. The PHA must make every reasonable effort to make such final eligibility determination within 30 calendar days. (ii) If a PHA-maintained waiting list is used, in accordance with § 983.251, the owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit, and the PHA must, after receiving the owner notice, make every reasonable effort to promptly refer a sufficient number of families for the owner to fill such vacancies within 30 calendar days. (2) The owner must lease vacant contract units only to families determined eligible by the PHA. (b) Reducing number of contract units. If any contract units have been vacant for a period of 120 days or more since owner notice of vacancy, as required in paragraph (a) of this section, and notwithstanding the reasonable good-faith efforts of the PHA and the owner to fill such vacancies, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (by number of bedrooms) that have been vacant for such period. | ||||
| 24:24:4.1.3.1.20.6.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.255 Tenant screening. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 73 FR 72345, Nov. 28, 2008; 75 FR 66264, Oct. 27, 2010; 81 FR 80818, Nov. 16, 2016; 89 FR 38334, May 7, 2024] | (a) PHA option. (1) The PHA has no responsibility or liability to the owner or any other person for the family's behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny admission to an applicant based on such screening. (2) The PHA must conduct tenant screening of applicants in accordance with policies stated in the PHA Administrative Plan. (b) Owner responsibility. (1) The owner is responsible for screening and selection of the family to occupy the owner's unit. (2) The owner is responsible for screening of families on the basis of their tenancy histories. An owner may consider a family's background with respect to such factors as: (i) Payment of rent and utility bills; (ii) Caring for a unit and premises; (iii) Respecting the rights of other residents to the peaceful enjoyment of their housing; (iv) Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and (v) Compliance with other essential conditions of tenancy; (c) Providing tenant information to owner. (1) The PHA must give the owner: (i) The family's current and prior address (as shown in the PHA records); and (ii) The name and address (if known to the PHA) of the landlord at the family's current and any prior address. (2) When a family wants to lease a dwelling unit, the PHA may offer the owner other information in the PHA possession about the family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. (3) The PHA must give the family a description of the PHA policy on providing information to owners. (4) The PHA policy must be stated in the Administrative Plan and provide that the PHA will give the same types of information to all owners. (d) The protections for victims of domestic violence, dating violence, sexual assault, or stalking in 24 CFR part 5, subpart L, apply to tenant screening. | ||||
| 24:24:4.1.3.1.20.6.41.6 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.256 Lease. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36168, June 25, 2014] | (a) Tenant's legal capacity. The tenant must have legal capacity to enter a lease under state and local law. “Legal capacity” means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner. (b) Form of lease. (1) The tenant and the owner must enter a written lease for the unit. The lease must be executed by the owner and the tenant. (2) If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises, the lease must be in such standard form, except as provided in paragraph (b)(4) of this section. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease. (3) In all cases, the lease must include a HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD. (4) The PHA may review the owner's lease form to determine if the lease complies with state and local law. The PHA may decline to approve the tenancy if the PHA determines that the lease does not comply with state or local law. (c) Required information. The lease must specify all of the following: (1) The names of the owner and the tenant; (2) The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit); (3) The term of the lease (initial term and any provision for renewal); (4) The amount of the tenant rent to owner. The tenant rent to owner is subject to change during the term of the lease in accordance with HUD requirements; (5) A specification of what services, maintenance, equipment, and utilities are to be provided by the owner; and (6) The amount of any charges for food, furniture, or supportive services. (d) Tenancy addendum. (1) The tenancy addendum in the lease shall state: (i) The program tenancy requirements (as specified in this part); (ii) The composition of the household as approved by the PHA (names of family members and any PHA-appr… | ||||
| 24:24:4.1.3.1.20.6.41.7 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.257 Owner termination of tenancy and eviction. | HUD | [89 FR 38334, May 7, 2024] | 24 CFR 982.310 of this title applies with the exception that 24 CFR 982.310(d)(1)(iii) and (iv) does not apply to the PBV program. (In the PBV program, “good cause” does not include a business or economic reason or desire to use the unit for an individual, family, or non-residential rental purpose.) In addition, the owner may terminate the tenancy in accordance with the requirements related to lease terminations for development activity on units under a HAP contract as provided in § 983.157(g)(6)(iii) and for substantial improvement to units under a HAP contract as provided in § 983.212(a)(3)(iii). 24 CFR 5.858 through 5.861 on eviction for drug and alcohol abuse and 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) apply to the PBV program. | ||||
| 24:24:4.1.3.1.20.6.41.8 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.258 Continuation of housing assistance payments. | HUD | [79 FR 36169, June 25, 2014] | Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation of housing assistance payments at such point will not affect the family's other rights under its lease, nor will such cessation preclude the resumption of payments as a result of later changes in income, rents, or other relevant circumstances if such changes occur within 180 days following the date of the last housing assistance payment by the PHA. After the 180-day period, the unit shall be removed from the HAP contract pursuant to § 983.211. | ||||
| 24:24:4.1.3.1.20.6.41.9 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | F | Subpart F—Occupancy | § 983.259 Security deposit: Amounts owed by tenant. | HUD | [70 FR 59913, Oct. 13, 2005. Redesignated at 79 FR 36169, June 25, 2014; 89 FR 38334, May 7, 2024] | (a) Security deposit permitted. The owner may collect a security deposit from the tenant. (b) Amount of security deposit. The PHA must prohibit the owner from charging assisted tenants security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. (c) Use of security deposit. When the tenant moves out of the contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts which the tenant owes under the lease. (d) Security deposit reimbursement to owner. The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant. (e) Insufficiency of security deposit. If the security deposit is not sufficient to cover amounts the tenant owes under the lease, the owner may seek to collect the balance from the tenant. However, the PHA has no liability or responsibility for payment of any amount owed by the family to the owner. | ||||
| 24:24:4.1.3.1.20.7.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | G | Subpart G—Rent to Owner | § 983.301 Determining the rent to owner. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36169, June 25, 2014; 81 FR 80583, Nov. 16, 2016; 89 FR 38336, May 7, 2024] | (a) Initial and redetermined rents. (1) The amount of the initial and redetermined rent to owner is determined in accordance with this section and § 983.302. (2) The amount of the initial rent to owner is established at the beginning of the HAP contract term. For rehabilitated or newly constructed housing, the Agreement states the estimated amount of the initial rent to owner, but the actual amount of the initial rent to owner is established at the beginning of the HAP contract term. (3) The rent to owner is also redetermined in accordance with § 983.302. (b) Amount of rent to owner. Except for certain tax credit units as provided in paragraph (c) of this section, the rent to owner must not exceed the lowest of: (1) An amount determined by the PHA in accordance with the Administrative Plan not to exceed 110 percent of the applicable fair market rent (or the amount of any applicable exception payment standard) for the unit bedroom size minus any utility allowance; (2) The reasonable rent; or (3) The rent requested by the owner. (c) Rent to owner for certain tax credit units. (1) This paragraph (c) applies if: (i) A contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986 (see 26 U.S.C. 42); (ii) The contract unit is not located in a qualified census tract; (iii) In the same building, there are comparable tax credit units of the same unit bedroom size as the contract unit and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and (iv) The tax credit rent exceeds the applicable fair market rental (or any exception payment standard) as determined in accordance with paragraph (b) of this section. (2) In the case of a contract unit described in paragraph (c)(1) of this section, the rent to owner must not exceed the lowest of: (i) An amount determined by the PHA in accordance with the Administrative Plan, not to exceed the tax credit rent minus any utility allowance; (ii) The reasonable rent; or (iii) The rent re… | ||||
| 24:24:4.1.3.1.20.7.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | G | Subpart G—Rent to Owner | § 983.302 Redetermination of rent to owner. | HUD | [89 FR 38337, May 7, 2024] | (a) Requirement to redetermine the rent to owner. The PHA must redetermine the rent to owner: (1) When there is a 10 percent decrease in the published FMR; (2) Upon the owner's request consistent with requirements established in the PHA's Administrative Plan. The Administrative Plan must specify any advance notice the owner must give the PHA and the form the request must take; or (3) At the time of the automatic adjustment by an operating cost adjustment factor (OCAF) in accordance with paragraph (b)(3). (b) Rent increase. (1) An owner may receive an increase in the rent to owner during the term of a HAP contract. Any such increase will go into effect at the annual anniversary of the HAP contract. (Provisions for special adjustments of contract rent pursuant to 42 U.S.C. 1437f(c)(2)(B) do not apply to the voucher program.) (2) A rent increase may occur through automatic adjustment by an operating cost adjustment factor (OCAF) or as the result of an owner request for such an increase. A rent increase as the result of an owner request must be determined by the PHA pursuant to § 983.301(b) or (c), as applicable. A rent increase through an adjustment by an OCAF is likewise subject to § 983.301(b) or (c), as applicable, except there is no rent request by the owner to take into account since the PHA redetermines the rent automatically under that option. (3) By agreement of the parties, the HAP contract may provide for rent adjustments using an operating cost adjustment factor (OCAF) established by the Secretary pursuant to Section 524(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 at each annual anniversary of the HAP contract. OCAFs are established by the Secretary and published annually in the Federal Register. The provisions in the following paragraphs apply to a contract that provides for rent adjustments using an OCAF: (i) The contract may require an additional increase up to an amount determined by the PHA pursuant to § 983.301(b) or (c), as applicable, if requested by th… | ||||
| 24:24:4.1.3.1.20.7.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | G | Subpart G—Rent to Owner | § 983.303 Reasonable rent. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 79 FR 36170, June 25, 2014; 81 FR 80583, Nov. 16, 2016; 89 FR 38338, May 7, 2024] | (a) Comparability requirement. At all times during the term of the HAP contract, the rent to the owner for a contract unit may not exceed the reasonable rent as determined by the PHA, except that where the PHA has elected in the HAP contract to not reduce rents below the initial rent under the initial HAP contract, the rent to owner shall not be reduced below the initial rent in accordance with § 983.302(c)(2). (b) Redetermination. The PHA must redetermine the reasonable rent: (1) Whenever there is a 10 percent decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR in effect 1 year before the contract anniversary. (2) Whenever the PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant; (3) Whenever the HAP contract is amended to add a contract unit or substitute a different contract unit in the same building or project; (4) Whenever the PHA accepts a completed unit after development activity that is conducted after HAP contract execution (see § 983.156(b)(3)); and (5) Whenever there is any other change that may substantially affect the reasonable rent. (c) How to determine reasonable rent. (1) The reasonable rent of a contract unit must be determined by comparison to rent for other comparable unassisted units. (2) In determining the reasonable rent, the PHA must consider factors that affect market rent, such as: (i) The location, quality, size, unit type, and age of the contract unit; and (ii) Amenities, housing services, maintenance, and utilities to be provided by the owner. (3) The reasonable rent determination must be based on the condition of the assisted unit at the time of the determination and not on anticipated future unit conditions. (d) Comparability analysis. (1) For each unit, the PHA comparability analysis must use at least three comparable units in the private unassisted market, which may include comparable unassisted units in the… | ||||
| 24:24:4.1.3.1.20.7.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | G | Subpart G—Rent to Owner | § 983.304 Other subsidy: effect on rent to owner. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 72 FR 65207, Nov. 19, 2007; 79 FR 36170, June 25, 2014] | (a) General. In addition to the rent limits established in accordance with § 983.301 and 24 CFR 982.302, the following restrictions apply to certain units. (b) HOME. For units assisted under the HOME program, rents may not exceed rent limits as required by the HOME program (24 CFR 92.252). (c) Subsidized projects. (1) This paragraph (c) applies to any contract units in any of the following types of federally subsidized project: (i) An insured or non-insured Section 236 project; (ii) A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action; (iii) A Section 221(d)(3) below market interest rate (BMIR) project; (iv) A Section 515 project of the Rural Housing Service; (v) Any other type of federally subsidized project specified by HUD. (2) The rent to owner may not exceed the subsidized rent (basic rent) as determined in accordance with requirements for the applicable federal program listed in paragraph (c)(1) of this section. (d) Combining subsidy. Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements. See § 983.55. (e) Other subsidy: rent reduction. To comply with HUD subsidy layering requirements, at the direction of HUD or its designee, a PHA shall reduce the rent to owner because of other governmental subsidies, including tax credits or tax exemptions, grants, or other subsidized financing. (f) Prohibition of other subsidy. For provisions that prohibit PBV assistance to units in certain types of subsidized housing, see § 983.54. | ||||
| 24:24:4.1.3.1.20.7.41.5 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | G | Subpart G—Rent to Owner | § 983.305 Rent to owner: effect of rent control and other rent limits. | HUD | In addition to the limitation to 110 percent of the FMR in § 983.301(b)(1), the rent reasonableness limit under §§ 983.301(b)(2) and 983.303, the rental determination provisions of § 983.301(f), the special limitations for tax credit units under § 983.301(c), and other rent limits under this part, the amount of rent to owner also may be subject to rent control or other limits under local, state, or federal law. | |||||
| 24:24:4.1.3.1.20.8.41.1 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | H | Subpart H—Payment to Owner | § 983.351 PHA payment to owner for occupied unit. | HUD | (a) When payments are made. (1) During the term of the HAP contract, the PHA shall make housing assistance payments to the owner in accordance with the terms of the HAP contract. The payments shall be made for the months during which a contract unit is leased to and actually occupied by an eligible family. (2) Except for discretionary vacancy payments in accordance with § 983.352, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit). (b) Monthly payment. Each month, the PHA shall make a housing assistance payment to the owner for each contract unit that complies with the HQS and is leased to and occupied by an eligible family in accordance with the HAP contract. (c) Calculating amount of payment. The monthly housing assistance payment by the PHA to the owner for a contract unit leased to a family is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance). (d) Prompt payment. The housing assistance payment by the PHA to the owner under the HAP contract must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date. (e) Owner compliance with contract. To receive housing assistance payments in accordance with the HAP contract, the owner must comply with all the provisions of the HAP contract. Unless the owner complies with all the provisions of the HAP contract, the owner does not have a right to receive housing assistance payments. | |||||
| 24:24:4.1.3.1.20.8.41.2 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | H | Subpart H—Payment to Owner | § 983.352 Vacancy payment. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 89 FR 38338, May 7, 2024] | (a) Payment for move-out month. If an assisted family moves out of the unit, the owner may keep the housing assistance payment payable for the calendar month when the family moves out (“move-out month”). However, the owner may not keep the payment if the PHA determines that the vacancy is the owner's fault. (b) Vacancy payment at PHA discretion. (1) At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner (in the amounts determined in accordance with paragraph (b)(2) of this section) for a PHA-determined period of vacancy extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the move-out month. The PHA must include in its Administrative Plan the PHA's policy on the conditions under which it will allow vacancy payments in a HAP contract, the duration of the payments, amount of vacancy payments it will make to an owner, and the required form and manner of requests for vacancy payments, in accordance with paragraph (b)(4) of this section. (2) The vacancy payment to the owner for each month of the maximum two-month period will be determined by the PHA, and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant's security deposit). Any vacancy payment may cover only the period the unit remains vacant. (3) The PHA may make vacancy payments to the owner only if: (i) The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and containing the date when the family moved out (to the best of the owner's knowledge and belief); (ii) The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; (iii) The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and (iv) The owner provides any additional information re… | ||||
| 24:24:4.1.3.1.20.8.41.3 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | H | Subpart H—Payment to Owner | § 983.353 Tenant rent; payment to owner. | HUD | [70 FR 59913, Oct. 13, 2005, as amended at 89 FR 38338, May 7, 2024] | (a) PHA determination. (1) The tenant rent is the portion of the rent to owner paid by the family. The PHA determines the tenant rent in accordance with HUD requirements. (2) Any changes in the amount of the tenant rent will be effective on the date stated in a notice by the PHA to the family and the owner. (b) Tenant payment to owner. (1) The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). (2) The amount of the tenant rent as determined by the PHA is the maximum amount the owner may charge the family for rent of a contract unit. The tenant rent is payment for all housing services, maintenance, equipment, and utilities to be provided by the owner without additional charge to the tenant, in accordance with the HAP contract and lease. (3) The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant. (4) The family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment under the HAP contract. The owner may not terminate the tenancy of an assisted family for nonpayment of the PHA housing assistance payment. (c) Limit of PHA responsibility. (1) The PHA is responsible only for making housing assistance payments to the owner on behalf of a family in accordance with the HAP contract. The PHA is not responsible for paying the tenant rent, or for paying any other claim by the owner. (2) The PHA may not use housing assistance payments or other program funds (including any administrative fee reserve) to pay any part of the tenant rent or to pay any other claim by the owner. The PHA may not make any payment to the owner for any damage to the unit, or for any other amount owed by a family under the family's lease or otherwise. (d) Utility reimbursement. (1) If the amount of the utility allowance exceeds the total tenant payment, the PHA shall pay the amount of such excess as a re… | ||||
| 24:24:4.1.3.1.20.8.41.4 | 24 | Housing and Urban Development | IX | 983 | PART 983—PROJECT-BASED VOUCHER (PBV) PROGRAM | H | Subpart H—Payment to Owner | § 983.354 Other fees and charges. | HUD | (a) Meals and supportive services. (1) Except as provided in paragraph (a)(2) of this section, the owner may not require the tenant or family members to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy. (2) In assisted living developments receiving project-based assistance, owners may charge tenants, family members, or both for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of reasonable rent. Non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. (b) Other charges by owner. The owner may not charge the tenant or family members extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises. |
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chapter TEXT,
subchapter TEXT,
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