[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: 24CFR983.205]

[Page 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. 983.205  Overcrowded and underoccupied units.

    (a) 24 CFR 982.403, Terminating HAP contract: When unit is too big 
or too small, does not apply.
    (b) If the HA determines that a contract unit is not decent, safe, 
and sanitary because of an increase in family size that causes the unit 
to be overcrowded or that a contract unit is larger than appropriate for 
the size of the family in occupancy under the HA's subsidy standards, 
housing assistance payments with respect to the unit may not be 
terminated for this reason. The owner, however, must offer the family a 
suitable alternative unit if one is available and the family shall be 
required to move. If the owner does not have available a suitable unit 
within the family's ability to pay the rent, the HA (if it has 
sufficient funding) must offer Section 8 assistance to the family or 
otherwise assist the family in locating other standard housing in the 
HA's jurisdiction within the family's ability to pay, and require the 
family to move to such a unit as soon as possible. The family must not 
be forced to move, nor shall housing assistance payments under the HAP 
contract be terminated for the reasons specified in this paragraph, 
unless the family rejects, without good reason, the offer of a unit that 
the HA judges to be acceptable.

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