[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: 24CFR983.3]

[Page 638-639]
 
                 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 A--General Information
 
Sec. 983.3  Information to be submitted to HUD by the HA concerning its plan to attach assistance to units.

    (a) Requirements. An HA may attach certificate assistance to units 
in accordance with this part 983 if:
    (1) The number of units to be project-based does not exceed the 
applicable percent limit.
    (2) The number of units to be project-based are not under a tenant-
based or project-based HAP contract or otherwise committed (e.g., 
certificates

[[Page 639]]

issued to families searching for housing or units under an Agreement).
    (b) Percent limit. The applicable percent limit is either the 15-
percent limit or the 30-percent limit. The 30-percent limit is only 
applicable if:
    (1) There are no project-based new construction units in the HA's 
certificate program;
    (2) The additional 15 percent of project-based units (in excess of 
the 15-percent limit) is for the rehabilitation of units in projects 
assisted under a State program that permits owners to prepay State-
assisted or subsidized mortgages; and
    (3) The additional 15 percent of project-based units is necessary to 
provide incentives for project owners to preserve the projects for 
occupancy by low and moderate income families for the term of the HAP 
contract, and assist low-income tenants to afford any rent increases.
    (c) HA notification to HUD of intent to attach assistance to units. 
Before implementing a PBC program, the HA must submit the following 
information to the HUD field office for review:
    (1) The total number of units for which the HA is requesting 
approval to attach assistance;
    (2) The number of budgeted certificate units;
    (3) The number of certificate units available to be project-based; 
i.e., the number of budgeted certificate units that are not under a 
tenant-based or project-based HAP contract or otherwise committed (e.g., 
certificates issued to families searching for housing or units under an 
Agreement).
    (d) Amount of assistance. The HA must ensure that the amount of 
assistance that is attached to units is within the amounts available 
under the ACC.

(Approved by the Office of Management and Budget under control number 
2577-0169)

[60 FR 34717, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 63 
FR 23870, Apr. 30, 1998]