[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: 24CFR888.401]



[Page 174]

 

                 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 D_Retroactive Housing Assistance Payments for Moderate 

                         Rehabilitation Projects

 

Sec.  888.401  Purpose and scope.



    Source: 56 FR 20085, May 1, 1991, unless otherwise noted.





    (a) Purpose. This subpart describes the basic policies and 

procedures for the retroactive payment of Housing Assistance Payments to 

eligible project owners for the period from October 1, 1979 to May 31, 

1991 and a one-time Contract Rent determination for such eligible 

project owners.

    (b) Applicability. This subpart applies to all Moderate 

Rehabilitation projects under 24 CFR part 882, subparts D, E, and H.

    (c) Eligible project owners. Project owners may be eligible for 

retroactive payments if, during the period from October 1, 1979 to May 

31, 1991:

    (1) The use of a comparability study by the Public Housing Agency 

(PHA) as contract administrator, which was conducted as an independent 

limitation on the amount of rent adjustment that would have resulted 

from use of the applicable AAF, resulted in the reduction of the maximum 

monthly Contract Rents for units covered by a Housing Assistance 

Payments (HAP) contract or resulted in less than the maximum increase 

for those units than would otherwise be permitted by the AAF; or

    (2) The project owner certifies that a request for an annual rent 

adjustment was not made because of an anticipated reduction of the 

maximum monthly Contract Rents resulting from a comparability study.