[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: 24CFR888.310]



[Page 173]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

PART 888_SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM_FAIR MARKET 

RENTS AND CONTRACT RENT ANNUAL ADJUSTMENT FACTORS--Table of Contents

 

Subpart C_Retroactive Housing Assistance Payments for New Construction, 

 

Sec.  888.310  Notice of eligibility requirements for retroactive 

payments.



    (a) Notice of eligibility requirements. HUD (or the Contract 

Administrator) will give written notice to all current owners of 

projects of the eligibility requirements for retroactive payments. 

Eligible project owners must make a request for payment and a request 

for a one-time contract determination within 60 days from the date of 

the notice.

    (b) Request for payment. (1) Owners eligible for retroactive 

payments under Sec.  888.301(c) must submit a request for a calculation 

of the total rent adjustments and the establishment of the amount of the 

retroactive payment, as described in Sec.  888.301 (a) and (b), and 

documentation of the occupancy rate for the period from October 1, 1979, 

to May 31, 1991, if available.

    (2) Owners whose HAP contract requires a request to be made for 

annual rent adjustments must certify that a request was not made because 

of an anticipated reduction in the Contract Rents as a result of a 

comparability study. The certification must contain the year or years 

upon which the request for payment is based and a statement of the basis 

for the belief that rents would have been reduced.

    (3) Retroactive payments will be made to owners over a three-year 

period as funds are appropriated for that purpose. When funds are 

available for payment, HUD will publish a Federal Register notice 

containing procedures for claiming payments.

    (c) Request for one-time contract rent determination. When making a 

request for payment, eligible owners may also request a one-time 

contract rent determination, as described in Sec.  888.320. Eligible 

owners may request a one-time contract rent determination even if they 

choose not to request retroactive payments, provided they are eligible 

for retroactive payments.

    (d) Transfer of ownership since October 1, 1979. Eligible owners who 

request retroactive payments must certify that they are entitled to the 

entire amount of the payment. Any owner who is unable to certify must 

present documentation of an agreement between the current and former 

owners of the proportionate share of the payment for which each is 

eligible.



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

2502-0042)