[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: 24CFR883.105]



[Page 100-101]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 883_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_STATE HOUSING 

AGENCIES--Table of Contents

 

                       Subpart A_Summary and Guide

 

Sec.  883.105  Applicability of part 883 in effect as of February 29, 

1980.



    (a) Part 883, in effect as of February 29, 1980, applies to projects 

for which the initial application was submitted on or after the February 

29, 1980, effective date. (See 24 CFR part 883, revised as of April 1, 

1980.) Projects for which applications or proposals were submitted 

before the February 29, 1980, effective date of part 883 have been 

processed under the part 883 regulations and procedures in effect at the 

date of submission. If, however, the agency notified HUD within 60 

calendar days of the February 29, 1980, effective date of the part 883 

regulations that they chose to have the provisions of part 883, in 

effect as of February 29, 1980, apply to a specific case, it must have 

promptly modified the application(s) and proposal(s) to comply.

    (b) Subpart F of this part, dealing with the HAP contract and 

subpart G of this part, dealing with management, apply to all projects 

for which an Agreement was not executed before the February 29, 1980, 

effective date of part 883. In cases where an Agreement has been 

executed:

    (1) The Agency, owner and HUD may agree to make the revised subpart 

F of this part applicable and execute appropriate amendments to the 

Agreement or Contract;

    (2) The Agency, Owner and HUD may agree to make the revised subpart 

G of this part applicable (with or without the limitation on 

distributions) and execute appropriate amendments to the Agreement or 

Contract.



[[Page 101]]



    (c) Section 883.708, Termination of Tenancy and Modifications of 

Leases, applies to new families who begin occupancy or execute a lease 

on or after 30 days following the February 29, 1980, effective date of 

part 883. This section also applies to families not covered by the 

preceding sentence, including families currently under lease, who have a 

lease in which a renewal becomes effective on or after the 60th day 

following the February 29, 1980 effective date of part 883. A lease is 

considered renewed when both the landlord and the family fail to 

terminate a tenancy under a lease permitting either to terminate.

    (d) Notwithstanding the provisions of paragraph (b) of this section, 

the provisions of 24 CFR part 5 (concerning preferences for selection of 

applicants) apply to all projects, regardless of when am Agreement was 

executed.



[61 FR 13592, Mar. 27, 1996]