RAD PIH Notice 2012-32 (.pdf, 1 MB) - National Low Income ...

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Appendix I – 24 CFR Part 880 Regulation, Stricken for PBRA Conversionsperiod of time, take such additional steps authorized by Section 8(c)(6) of the U.S. Housing Actof 1937, as may be necessary, to assure that payments under the Contract or ACC will beadequate to cover increases in Contract rents and decreases in tenant rents.§ 880.504 Leasing to eligible families.(a) Availability of units for occupancy by Eligible Families. During the term of the Contract, anowner shall make available for occupancy by eligible families the total number of units forwhich assistance is committed under the Contract. For purposes of this section, making unitsavailable for occupancy by eligible families means that the owner: (1) Is conducting marketing inaccordance with §880.601(a); (2) has leased or is making good faith efforts to lease the units toeligible and otherwise acceptable families, including taking all feasible actions to fill vacanciesby renting to such families; and (3) has not rejected any such applicant family except for reasonsacceptable to the contract administrator. If the owner is temporarily unable to lease all units forwhich assistance is committed under the Contract to eligible families, one or more units may beleased to ineligible families with the prior approval of the contract administrator in accordancewith HUD guidelines. Failure on the part of the owner to comply with these requirements is aviolation of the Contract and grounds for all available legal remedies, including specificperformance of the Contract, suspension or debarment from HUD programs, and reduction of thenumber of units under the Contract as set forth in paragraph (b) of this section.(b) Reduction of number of units covered by Contract —(1) Part 880 and 24 CFR part 881projects. HUD (or the PHA at the direction of HUD, as appropriate) may reduce the number ofunits covered by the Contract to the number of units available for occupancy by eligible familiesif:(i) The owner fails to comply with the requirements of paragraph (a) of this section; or(ii) Notwithstanding any prior approval by the contract administrator to lease such units toineligible families, HUD (or the PHA at the direction of HUD, as appropriate) determines thatthe inability to lease units to eligible families is not a temporary problem.(2) For 24 CFR part 883 projects. HUD and the Agency may reduce the number of units coveredby the Contract to the number of units available for occupancy by eligible families if:(i) The owner fails to comply with the requirements of paragraph (a) of this section; or(ii) Notwithstanding any prior approval by the Agency to lease such units to ineligible families,HUD and the Agency determine that the inability to lease units to eligible families is not atemporary problem.(c) Restoration. For this part 880 and 24 CFR part 881 projects, HUD will agree to anamendment of the ACC or the Contract, as appropriate, to provide for subsequent restoration ofany reduction made pursuant to paragraph (b) of this section, and for 24 CFR part 883 projects,PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 158
Appendix I – 24 CFR Part 880 Regulation, Stricken for PBRA ConversionsHUD will agree to an amendment of the ACC and the Agency may agree to an amendment to theContract to provide for subsequent restoration of any reduction made pursuant to paragraph (b)of this section, if:(1) HUD determines (for 24 CFR part 883 projects, HUD and the Agency determine) that therestoration is justified by demand,(2) The owner otherwise has a record of compliance with his obligations under the Contract, and(3) Contract and budget authority is available.(d) Applicability. In accordance with section 555 of the Cranston-Gonzalez National AffordableHousing Act of 1990, paragraphs (a) and (b) of this section apply to all Contracts. An owner whohad leased an assisted unit to an ineligible family consistent with the regulations in effect at thetime will continue to lease the unit to that family. However, the owner must make the unitavailable for occupancy by an eligible family when the ineligible family vacates the unit.(e) Termination of assistance for failure to submit evidence of citizenship or eligible immigrationstatus. If an owner who is subject to paragraphs (a) and (b) of this section is required to terminatehousing assistance payments for the family in accordance with 24 CFR part 5 because the ownerdetermines that the entire family does not have U.S. citizenship or eligible immigration status,the owner may allow continued occupancy of the unit by the family without Section 8 assistancefollowing the termination of assistance, or if the family constitutes a mixed family, as defined in24 CFR part 5, the owner shall comply with the provisions of 24 CFR part 5 concerningassistance to mixed families, and deferral of termination of assistance.(f) Subpart L of 24 CFR part 5 applies to selection of tenants and occupancy requirements incases where there is involved or claimed to be involved incidents of, or criminal activity relatedto, domestic violence, dating violence, or stalking.[44 FR 59410, Oct. 15, 1979, as amended at 49 FR 31397, Aug. 7, 1984; 51 FR 11224, Apr. 1,1986; 53 FR 846, Jan. 13, 1988; 53 FR 6601, Mar. 2, 1988; 59 FR 13652, Mar. 23, 1994; 60 FR14841, Mar. 20, 1995; 61 FR 13587, Mar. 27, 1996; 73 FR 72342, Nov. 28, 2008; 75 FR 66260,Oct. 27, 2010]§ 880.505 Contract administration and conversions.(a) Contract administration. For private-owner/PHA projects, the PHA is primarily responsiblefor administration of the Contract, subject to review and audit by HUD. For private-owner/HUDand PHA-owner/HUD projects, HUD is responsible for administration of the Contract. The PHAor HUD may contract with another entity for the performance of some or all of its contractadministration functions.PIH-2012-32 (HA) Rental Assistance Demonstration – Final Implementation 159
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Program InstructionsPIH-2012-32 (HA
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DefinitionsOwnership or Control. Ap
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Attachment 1B - Resident Provisions
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Attachment 1C - Calculation of HAP
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Attachment 1C - Calculation of HAP
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Section II: Moderate Rehabilitation
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