[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: 24CFR886.129]



[Page 142-143]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 886_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_SPECIAL ALLOCATIONS

--Table of Contents

 

 Subpart A_Additional Assistance Program for Projects With HUD-Insured 

                         and HUD-Held Mortgages

 

Sec.  886.129  Leasing to eligible families.



    (a) Availability of units for occupancy by Eligible Families. During 

the term of the Contract, an owner shall make available for occupancy by 

eligible families the total number of units for which assistance is 

committed under the Contract. For purposes of this section, making units 

available for occupancy by eligible families means that the owner: (1) 

Is conducting marketing in accordance with Sec.  886.121; (2) has leased 

or is making good faith efforts to lease the units to eligible and 

otherwise acceptable families, including taking all feasible actions to 

fill vacancies by renting to such families; and (3) has not rejected any 

such applicant family except for reasons acceptable to HUD. If the owner 

is temporarily unable to lease all units for which assistance is 

committed under the Contract to eligible families, one or more units may 

be leased to ineligible families with the prior approval of HUD. Failure 

on the part of the owner to comply with these requirements is a 

violation of the Contract and grounds for all available legal remedies, 

including specific performance of the Contract, suspension or debarment 

from HUD programs, and reduction of the number of units under the 

Contract as set forth in paragraph (b) of this section.

    (b) Reduction of number of units covered by Contract. HUD may reduce 

the number of units covered by the Contract to the number of units 

available for occupancy by eligible families if:

    (1) The owner fails to comply with the requirements of paragraph (a) 

of this section; or

    (2) Notwithstanding any prior approval by HUD to lease such units to 

ineligible families, HUD determines that the inability to lease units to 

eligible families is not a temporary problem.



[[Page 143]]



    (c) Restoration. HUD will agree to an amendment of the Contract to 

provide for subsequent restoration of any reduction made pursuant to 

paragraph (b) of this section if:

    (1) HUD determines that the restoration is justified by demand;

    (2) The owner otherwise has a record of compliance with his or her 

obligations under the Contract; and

    (3) Contract and budget authority are available.

    (d) Applicability. Paragraphs (a) and (b) of this section apply to 

Contracts executed on or after October 3, 1984.

    (e) Termination of assistance for failure to establish citizenship 

or eligible immigration status. If an owner subject to paragraphs (a) 

and (b) of this section is required to terminate housing assistance 

payments for the family in accordance with part 5, subpart E, of this 

title because the owner determines that the entire family does not have 

U.S. citizenship or eligible immigration status, the owner may allow 

continued occupancy of the unit by the family without Section 8 

assistance following the termination of assistance, or if the family 

constitutes a mixed family, as defined in part 5, subpart E, of this 

title, the owner shall comply with the provisions of part 5, subpart E, 

of this title concerning assistance to mixed families, and deferral of 

termination of assistance.



[49 FR 31399, Aug. 7, 1984, as amended at 53 FR 847, Jan. 13, 1988; 53 

FR 6601, Mar. 2, 1988; 60 FR 14846, Mar. 20, 1995; 65 FR 16724, Mar. 29, 

2000]