[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: 24CFR883.602]



[Page 108-109]

 

                 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 F_Housing Assistance Payments Contract

 

Sec.  883.602  The contract.



    (a) Contract. The Housing Assistance Payments Contract sets forth 

rights and duties of the owner and State Agency with respect to the 

project and the Housing Assistance payments.

    (b) Housing Assistance Payments to Owners under the Contract. The 

Housing Assistance Payments made under the Contract are:

    (1) Payments to the owner to assist eligible families leasing 

assisted units, and

    (2) Payments to the owner for vacant assisted units (``vacancy 

payments'') if the conditions specified in Sec.  880.611 of this chapter 

are satisfied.



The housing assistance payments are made monthly by the State Agency 

upon proper requisition by the owner, except payments for vacancies of 

more



[[Page 109]]



than 60 days, which are made semi-annually by the Agency upon proper 

requisition by the owner.

    (c) Amount of Housing Assistance Payments to the Owner. (1) The 

amount of the housing assistance payments made to the owner of a unit 

being leased by an eligible family is the difference between the 

contract rent for the unit and the tenant rent payable by the family.

    (2) A housing assistance payment will be made to the owner for a 

vacant assisted unit in an amount equal to 80 percent of the contract 

rent for the first 60 days of vacancy, subject to the conditions in 

Sec.  880.611 of this chapter. If the owner collects any tenant rent or 

other amount for this period which, when added to this vacancy payment, 

exceeds the contract rent, the excess must be repaid as the Agency 

directs in accordance with HUD guidelines.

    (3) For a vacancy that exceeds 60 days, a housing assistance payment 

for the vacant unit will be made, subject to the conditions in Sec.  

880.611 of this chapter, in an amount equal to the principal and 

interest payments required to amortize that portion of the debt 

attributable to the vacant unit for up to 12 additional months.

    (d) Payment of utility reimbursement. Where applicable, the Utility 

Reimbursement will be paid to the Family as an additional Housing 

Assistance Payment. The Contract will provide that the Owner will make 

this payment on behalf of the Agency. Funds will be paid to the Owner in 

trust solely for the purpose of making this additional payment. If the 

Family and the utility company consent, the Owner may pay the Utility 

Reimbursement jointly to the Family and the utility company or directly 

to the utility company.



[45 FR 6889, Jan. 30, 1980, as amended at 49 FR 19946, May 10, 1984; 61 

FR 13593, Mar. 27, 1996]