[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR1006.305]

[Page 818]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 1006_NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM--Table of Contents
 
                     Subpart D_Program Requirements
 
Sec. 1006.305  Low-income requirement and income targeting.

    (a) In general. Housing qualifies as affordable housing for purposes 
of the Act and this part only if each dwelling unit in the housing:
    (1) In the case of rental housing, is made available for occupancy 
only by a family that is a low-income family at the time of the initial 
occupancy of that family of that unit; and
    (2) In the case of housing for homeownership, is made available for 
purchase only by a family that is a low-income family at the time of 
purchase, or is an owner-occupied unit in which the family is low-income 
at the time it receives NHHBG assistance.
    (b) NHHBG-assisted rental units must meet the affordability 
requirements for the remaining useful life of the property, as 
determined by HUD, or such other period as HUD determines in accordance 
with section 813(a)(2)(B) of the Act.
    (c) Enforceable agreements. (1) The DHHL, through binding 
contractual agreements with owners or other authorized entities, shall 
ensure long-term compliance with the provisions of this part.
    (2) The agreements referred to in paragraph (c)(1) of this section 
shall provide for:
    (i) To the extent allowable by Federal and State law, the 
enforcement of the provisions of the Act and this part by the DHHL and 
HUD; and
    (ii) Remedies for breach of the provisions of the Act and this part.
    (d) Exception. Notwithstanding the requirements of this section, 
housing assisted with NHHBG funds pursuant to Sec. 1006.301(b) shall be 
considered affordable housing for purposes of the Act and this part.