[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: 24CFR884.118]



[Page 119-120]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 884_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION 

SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS--Table of Contents

 

            Subpart A_Applicability, Scope and Basic Policies

 

Sec.  884.118  Responsibilities of the owner.



    (a) The Owner shall be responsible (subject to post-review or audit 

by HUD or the PHA, as the case may be) for management and maintenance of 

the project. These responsibilities shall include but not be limited to:

    (1) Payment for utilities and services (unless paid directly by the 

Family), insurance and taxes;

    (2) Performance of all ordinary and extraordinary maintenance;

    (3) Performance of all management functions, including the taking of 

applications; determining eligibility of applicants in accordance with 

part 5 of this title; selection of families, including verification of 

income, provision of Federal selection preferences in accordance with 24 

CFR part 5, obtaining and verifying Social Security Numbers submitted by 

applicants (as provided by 24 CFR part 5), obtaining signed consent 

forms from applicants for the obtaining of wage and claim information 

from State Wage Information Collection Agencies (as provided in 24 CFR 

part 5), and other pertinent requirements; and determination of the 

amount of tenant rent in accordance with HUD established schedules and 

criteria;

    (4) Collection of Tenant Rents;

    (5) Termination of tenancies, including evictions;

    (6) Preparation and furnishing of information required under the 

Contract;

    (7) Reexamination of family income and composition; redetermination, 

as appropriate, of the amount of Tenant Rent and the amount of housing 

assistance payment in accordance with part 5 of this title; obtaining 

and verifying Social Security Numbers submitted by participants, as 

provided by 24 CFR part 5; and obtaining signed consent forms from 

participants for the obtaining of wage and claim information from State 

Wage Information Collection Agencies, as provided by 24 CFR part 5;

    (8) Redetermination of amount of Tenant Rent and amount of housing 

assistance payment in accordance with part 5 of this title as a result 

of an adjustment by the PHA or HUD, as appropriate, of any applicable 

Utility Allowance; and

    (9) Compliance with equal opportunity requirements issued by RHCDS 

and HUD with respect to project operation.



[[Page 120]]



    (b) Subject to HUD approval, any Owner may contract with any private 

or public entity to perform for a fee the services required by paragraph 

(a) of this section: Provided, That such contract shall not relieve the 

Owner of his responsibilities or obligations. However, no entity which 

is responsible for administration of the Contract (for example, a PHA in 

the case of a Private-Owner/PHA Project) may contract to perform 

management and maintenance of the project: Provided, however, That this 

prohibition shall not preclude management by the PHA in the event it 

takes possession as the result of foreclosure or assignment in lieu of 

foreclosure. (See, however, Sec.  884.123(b), which permits conversion 

of a Private-Owner/PHA Project to a Private-Owner Project.)



(Approved by the Office of Management and Budget under control number 

2502-0204)



[41 FR 47168, Oct. 27, 1976. Redesignated at 45 FR 6909, Jan. 30, 1980, 

and amended at 49 FR 19947, May 10, 1984; 51 FR 11227, Apr. 1, 1986; 53 

FR 847, Jan. 13, 1988; 53 FR 1162, Jan. 15, 1988; 53 FR 6601, Mar. 2, 

1988; 54 FR 39707, Sept. 27, 1989; 56 FR 7540, Feb. 22, 1991; 60 FR 

14845, Mar. 20, 1995; 61 FR 13593, Mar. 27, 1996; 65 FR 16723, Mar. 29, 

2000]