[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: 24CFR888.410]



[Page 175]

 

                 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.  888.410  Notice of eligibility requirements for retroactive 

payments.



    (a) Notice of eligibility requirements. PHAs will give written 

notice to all current owners of projects, for which they are the 

Contract Administrators, of the eligibility requirements for retroactive 

payments. Eligible project owners must make a request for payment or 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.  888.401(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.  888.401 (a) and (b), and 

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

to May 31, 1991, if available.

    (2) Owners claiming eligibility under Sec.  888.401(c)(2) 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.  888.420. Eligible 

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

choose to forgo receiving retroactive payments, provided they are 

eligible for retroactive payments.

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

requesting 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)