[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR983.204]

[Page 655-656]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM--Table of Contents
 
                          Subpart E--Management
 
Sec. 983.204  Maintenance, operation and inspections.

    (a) Section 982.404 of this chapter, Maintenance: Owner and family 
responsibility; HA remedies, pertaining to owner responsibilities and HA 
remedies, does not apply. Section 982.405 of this chapter, HA periodic 
unit inspection, and Sec. 982.406 of this chapter, Enforcement of HQS, 
do not apply.
    (b) Maintenance and operation. The owner must provide all the 
services, maintenance and utilities as agreed under the HAP contract, 
subject to abatement of housing assistance payments or other applicable 
remedies if the owner fails to meet these obligations.
    (c) Periodic inspection. In addition to the inspections required 
prior to execution of the HAP contract, the HA must inspect or cause to 
be inspected each dwelling unit under HAP contract at least annually and 
at such other times as may be necessary to assure that the owner is 
meeting the obligations to maintain the unit in decent, safe and 
sanitary condition and to provide the agreed upon utilities and other 
services. The HA must take into account complaints and any other 
information coming to its attention in scheduling inspections.
    (d) Units not decent, safe and sanitary. If the HA notifies the 
owner that the unit(s) under HAP contract are not being maintained in 
decent, safe and sanitary condition and the owner fails to take 
corrective action within the time prescribed in the notice, the HA may 
exercise any of its rights or remedies under the HAP contract, including 
abatement of housing assistance payments (even if the family continues 
in occupancy), termination of the HAP contract on the affected unit(s) 
and termination of assistance to the family in accordance with 
Sec. 982.552 of this chapter.
    (e) Enforcement of HQS. 24 CFR part 982 and this part 983 do not 
create any right of the family, or any party other than HUD or the HA, 
to require enforcement of the HQS requirement by HUD or the HA, or to 
assert any claim against HUD or the HA, for damages,

[[Page 656]]

injunction or other relief, for alleged failure to enforce the HQS.

[60 FR 34717, July 3, 1995, as amended at 63 FR 23871, Apr. 30, 1998]