[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR882.102]



[Page 74-75]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 882_SECTION 8 MODERATE REHABILITATION PROGRAMS--Table of Contents

 

            Subpart A_Applicability, Scope and Basic Policies

 

Sec.  882.102  Definitions.



    (a) Terms found elsewhere. The following terms are defined in part 

5, subpart A of this title: 1937 Act, covered person, drug, drug-related 

criminal activity, federally assisted housing, guest, household, HUD, 

MSA, other person under the tenant's control, public housing agency 

(PHA), Section 8, and violent criminal activity.

    (b) In addition, the following definitions apply to this part:

    ACC reserve account (or ``project account''). The account 

established and maintained in accordance with Sec.  882.403(b).

    Agreement to enter into Housing Assistance Payments Contract 

(``Agreement''). A written agreement between the Owner and the PHA that, 

upon satisfactory completion of the rehabilitation in accordance with 

requirements specified in the Agreement, the PHA will enter into a 

Housing Assistance Payments Contract with the Owner.

    Annual Contributions Contract (``ACC''). The written agreement 

between HUD and a PHA to provide annual contributions to the PHA to 

cover housing assistance payments and other expenses pursuant to the 

1937 Act.

    Assisted lease (or ``lease''). A written agreement between an Owner 

and a Family for the leasing of a unit by the Owner to the Family with 

housing assistance payments under a Housing Assistance Payments Contract 

between the Owner and the PHA.

    Congregate housing. Housing for elderly persons or persons with 

disabilities that meets the HQS for congregate housing.

    Contract. See definition of Housing Assistance Payments Contract.

    Contract rent. The total amount of rent specified in the Housing 

Assistance Payments Contract as payable to the Owner by the Family and 

by the PHA to the Owner on the Family's behalf.

    Decent, safe, and sanitary. Housing is decent, safe, and sanitary if 

it meets the physical condition standards in 24 CFR part 5, subpart G.

    Gross rent. The total monthly cost of housing an eligible Family, 

which is the sum of the Contract Rent and any utility allowance.

    Group home. A dwelling unit that is licensed by a State as a group 

home for the exclusive residential use of two to twelve persons who are 

elderly or persons with disabilities (including any live-in aide).

    Housing Assistance Payment. The payment made by the PHA to the Owner 

of a unit under lease by an eligible Family, as provided under the 

Contract. The payment is the difference between the Contract Rent and 

the tenant rent. An additional payment (the ``utility reimbursement'') 

is made by the PHA when the utility allowance is greater than the total 

tenant payment.

    Housing Assistance Payments Contract (``Contract''). A written 

contract between a PHA and an Owner for the purpose of providing housing 

assistance payments to the Owner on behalf of an eligible Family.

    Moderate rehabilitation. Rehabilitation involving a minimum 

expenditure of $1000 for a unit, including its prorated share of work to 

be accomplished on common areas or systems, to:

    (1) Upgrade to decent, safe and sanitary condition to comply with 

the Housing Quality Standards or other standards approved by HUD, from a 

condition below these standards (improvements being of a modest nature 

and other than routine maintenance); or



[[Page 75]]



    (2) Repair or replace major building systems or components in danger 

of failure.

    Owner. Any person or entity, including a cooperative, having the 

legal right to lease or sublease existing housing.

    Single room occupancy housing (SRO). A unit that contains no 

sanitary facilities or food preparation facilities, or contains either, 

but not both, types of facilities.

    Statement of Family responsibility. An agreement in the form 

prescribed by HUD, between the PHA and a Family to be assisted under the 

Program, stating the obligations and responsibilities of the Family.



[63 FR 23853, Apr. 30, 1998, as amended at 63 FR 46578, Sept. 1, 1998; 

66 FR 28797, May 24, 2001]