[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: 24CFR882.516]



[Page 88]

 

                 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 E_Special Procedures for Moderate Rehabilitation_Program 

                        Development and Operation

 

Sec.  882.516  Maintenance, operation and inspections.



    (a) Maintenance and operation. The Owner must provide all the 

services, maintenance and utilities as agreed to under the Contract, 

subject to abatement of housing assistance payments or other applicable 

remedies if the Owner fails to meet these obligations.

    (b) Periodic inspection. In addition to the inspections required 

prior to execution of the Contract, the PHA must inspect or cause to be 

inspected each dwelling unit under 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 PHA must take into account complaints and any other information 

coming to its attention in scheduling inspections.

    (c) Units not decent, safe and sanitary. If the PHA notifies the 

Owner that the unit(s) under Contract are not being maintained in 

decent, safe and sanitary condition and the Owner fails to take 

corrective action (including corrective action with respect to the 

Family where the condition of the unit is the fault of the Family) 

within the time prescribed in the notice, the PHA may exercise any of 

its rights or remedies under the Contract, including abatement of 

housing assistance payments (even if the Family continues in occupancy), 

termination of the Contract on the affected unit(s) and assistance to 

the Family in accordance with Sec.  882.514(e).

    (d) PHA management. Where the PHA is managing units on which it is 

also administering the Housing Assistance Payments Contract pursuant to 

a management contract approved by HUD in accordance with Sec.  882.412, 

HUD will make reviews of project operations, including inspections, in 

addition to required PHA reviews. These HUD reviews will be sufficient 

to assure that the Owner and the PHA are in full compliance with the 

terms and conditions of the Contract and the ACC. Should HUD determine 

that there are deficiencies, it may exercise any rights or remedies 

specified for the PHA under the Contract or reserved for HUD in the ACC, 

require termination of the management contract, or take other 

appropriate action.

    (e) Periodic PHA audits must be conducted as required by HUD, in 

accordance with guidelines prescribed by 24 CFR part 44.



[47 FR 34383, Aug. 9, 1982, as amended at 53 FR 8065, Mar. 11, 1988]