[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: 24CFR884.217]



[Page 125]

 

                 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 B_Project Development and Operation

 

Sec.  884.217  Maintenance, operation and inspections.



    (a) Maintenance and operation. The Owner shall maintain and operate 

the project so as to provide Decent, Safe, and Sanitary housing and he 

shall provide all the services, maintenance and utilities which he 

agrees to provide under the Contract, subject to abatement of housing 

assistance payments or other applicable remedies if he fails to meet 

these obligations.

    (b) Inspection prior to occupancy. Prior to occupancy of any unit by 

a Family, the Owner and the Family shall inspect the unit and both shall 

certify, on forms prescribed by HUD, that they have inspected the unit 

and have determined it to be Decent, Safe, and Sanitary in accordance 

with the criteria provided in the prescribed forms. Copies of these 

reports shall be kept on file by the Owner for at least three years.

    (c) Periodic inspections. HUD (or the PHA, as appropriate) will 

inspect or cause to be inspected each Contract unit and related 

facilities at least annually and at such other times (including prior to 

initial occupancy and rerenting of any unit) as HUD (or the PHA) may 

determine to be necessary to assure that the Owner is meeting his 

obligation to maintain the units in Decent, Safe, and Sanitary condition 

and to provide the agreed upon utilities and other services. HUD (or the 

PHA) will take into account complaints by occupants and any other 

information coming to its attention in scheduling inspections and shall 

notify the Owner and the Family of its determination.

    (d) Units not decent, safe, and sanitary. If HUD (or the PHA, as 

appropriate) notifies the Owner that he has failed to maintain a 

dwelling unit in Decent, Safe, and Sanitary condition and the Owner 

fails to take corrective action within the time prescribed in the 

notice, HUD (or the PHA) may exercise any of its rights or remedies 

under the Contract, including abatement of housing assistance payments, 

even if the Family continues to occupy the unit. If, however, the Family 

wishes to be rehoused in another dwelling unit with Section 8 assistance 

and HUD (or the PHA) does not have other Section 8 funds for such 

purposes, HUD (or the PHA) may use the abated housing assistance 

payments for the purpose of rehousing the Family in another dwelling 

unit. Where this is done, the Owner shall be notified that he will be 

entitled to resumption of housing assistance payments for the vacated 

dwelling unit if:

    (1) The unit is restored to Decent, Safe, and Sanitary condition;

    (2) The Family is willing to and does move back to the restored 

dwelling unit; and

    (3) A deduction is made for the expenses incurred by the Family for 

both moves.